Commodity IFB Template

New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

BID SOLICITATION UPDATE

IFB NUMBER: 21998 DATE: June 14, 2010

PLEASE ADDRESS INQUIRIES TO GROUP: 05900 – NATURAL GAS DESIGNATED CONTACTS: (Firm Supply – Fixed and Indexed Price) Colleen Messier (Interruptible Supply – Indexed Price) Purchasing Officer I (518) 474-1108 [email protected]

BID OPENING: June 23, 2010 Edwin Lucier Team Leader (518) 474-3540 [email protected]

SUBJECT: BID UPDATES AND CLARIFICATIONS TO VENDOR SUBMITTED SOLICITATION QUESTIONS.

TO PROSPECTIVE BIDDERS:

Clarifications to the IFB are being made as noted on the following pages. Bids will be evaluated based on these changes. If submitting a bid, this letter should be signed, attached to, and made a part of your bid.

BID OF (COMPANY): ADDRESS: CITY, STATE, ZIP: SIGNATURE OF BIDDER: PRINTED COPY OF SIGNATURE: DATE:

NOTE: This Purchasing Memorandum consists of clarifications and responses to questions received from potential bidders.

21998p.doc/T03ccm GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 2 (Interruptible Supply – indexed Price)

PAGE UPDATES: On page 17, under Qualification of Bidder, second paragraph, the page number was omitted. It should read as follows: (see page 154 of the IFB)

On page 62, Lot 17, the facilities are listed as daily balanced, but in actuality these facilities are monthly accounts.

On page 68, Lot 19, the facilities are monthly balanced excluding Elmira Psych. Center, which is a daily balanced account. OGS PSG has chosen to leave Elmira Psych. Center in this lot.

EXCEL SPREADSHEET AVAILABLE: Please contact Colleen Messier via e-mail for an excel spreadsheet listing the facility supplied account numbers and service classifications, if applicable.

BID LANGUAGE CHANGES: All requests for bid language modification have been reviewed and finalized.

Questions Submitted by Potential Bidders and PSG’s Responses

Page 4, CONTRACT BILLINGS AND PAYMENTS: Question: How are payments made by the authorized user? Response: see page 4, under contract billing and payments.

Question: Can invoices be sent by e-mail? Response: No, not at this time.

Page 12, MPDQ: Question: What does MPDQ stand for? Response: Maximum peak daily quantity is as defined in the National Grid Gas Transportation Operating Manual. This charge is allowed to be passed through to the facility.

Question: Will OGS change the MPDQ definition to allow the ESCO to include it in the bid price? Response: No, not at this time

Page 14, PRICE: Question: Under the fixed price heading it states that “price decreases are allowed at any time. Are price decreases determined solely by the contractor? Response: Yes

Question: Under the indexed price heading it states that “basis cost decreases are allowed at any time. Are basis cost decreases determined solely by the contractor? Response: Yes

Question: Would OGS consider revision of the 3 day closing settlement price of NYMEX? Response: No, not at this time.

21998p.doc/T03ccm GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 3 (Interruptible Supply – indexed Price)

Page 15, CONTRACT TYPES: Questions: There is no reference as to how daily and monthly volume fluctuations are to be handed. Is it the intent of the OGS to provide each Authorized User with full swing rights with one monthly price for indexed supply and one term price for fixed price supply? Response: Tariff balancing charges (exclusive of any applicable daily and monthly cash-out balancing charges) from the LDC are passed through to the facility. All pricing is for full plant requirements, with no applicable swing charges. If customer nominates “0” the marketer is responsible for all liquidation. Be advised, that except for a temporary shutdown for maintenance or emergency, facilities are required to use the most economical alternate fuel.

Page 17, ESCO RESPONSIBILITES DURING CURTAILMENTS/INTERRUPTIONS:

Question: under During Curtailments/Interruptions there is no mention of the Authorized User having to notify the ESCO of any changes in plant usage (e.g. shutdowns, maintenance, etc.). Would the OGS consider requiring the Authorized User to provide notice of any changes in expected usage as the ESCO is being held liable for any costs associated with such changes (similar to that under Customer Responsibilities)? Response: At the time of monthly nominations should include daily usage and any fluctuation to it.

Page 18, NATURAL GAS QUALITY:

Question: Natural Gas Quality the OGS has a lengthy description of the quality of natural gas that the ESCO shall deliver. Would the OGS consider revision this section to read as follows? “All gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter.” The language in the previous sentence is the industry standard language as determined by the North American Energy Standards Board (“NAESB”).

Response: No, not at this time

Pages 75 – 105, NATIONAL GRID (EAST AND WEST GATE):

Question: In Lots 25 though 33 the OGS does not specify which accounts have daily or monthly (cycle) read meters. Will the OGS be providing this information?

Response: Please contact Colleen Messier via e-mail for an excel spreadsheet listing the facility supplied account numbers and service classifications, if applicable.

HISTORICAL DATA:

Question: In order to determine the balancing requirements (variability of an Authorized User’s natural gas usage as compared to weather) associated with a specific Authorized User account, Sprague needs 12 months (24 months preferred) of historical usage. Can the OGS provide 24 months of historical data for each account or Lot? If not can the OGS provide 12 months of historical data?

Response: The delivery schedule is based on historical data.

21998p.doc/T03ccm GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 4 (Interruptible Supply – indexed Price)

APPENDIX B: Question: On page 6 of Appendix B item #24-f discusses “best pricing offer”. Is this section applicable to the bid?

Response: This section does not apply to this IFB.

Question: On page 11 of Appendix B item #58 discusses bid bonds. Based on the language the Commissioner can require the Contractor to post adequate assurance without any restrictions and/or reason. Please provide some guidance as to what type of circumstances would be used by the Commissioner to impose the mandates of this section.

Response: We do not require a bid bond

Question: On page 13 of Appendix B item #65-d discusses reimbursement of costs incurred. We need clarification that the additional cost and expenses incurred by the Customer are limited to an amount equal to any positive difference between the price paid by Customer (Authorized User) to a third party for natural gas (in an amount not exceeding that which ESCO failed to deliver), if any, adjusted for commercially reason able differences in transportation cost to or from the delivery point(s) less the Contract price for the amount of Gas ESCO failed to deliver.

Response: If the awarded marketer defaulted and the facility was forced to purchased gas from the utility company, that marketer would be responsible for that amount delivered and all penalties associated with it.

Question: On page 13 of Appendix B item #72-d discusses “product warranty”. Is this section applicable to the bid?

Response: This section does not apply to this IFB.

21998p.doc/T03ccm

JOHN C. EGAN DAVID A. PATERSON STATE OF NEW YORK COMMISSIONER GOVERNOR EXECUTIVE DEPARTMENT

OFFICE OF GENERAL SERVICES CARLA CHIARO MAYOR ERASTUS CORNING 2ND TOWER DEPUTY COMMISSIONER INFORMATION TECHNOLOGY AND THE GOVERNOR NELSON A. ROCKEFELLER EMPIRE STATE PLAZA PROCUREMENT SERVICES ALBANY, NEW YORK 12242

May 17, 2010 INTENT TO BID FORM

With the added requirements of vendor responsibility review and to continue our methodology of awarding contracts the same day as the bid opening, we must require that any potential bidder indicate their intent to bid on the Natural Gas IFB 21998PF. The bid opening will be held June 23, 2010, with the Invitation for Bids being released in the first week of June. To show intent it is required to complete this form and the attached vendor responsibility questionnaire and submit no later than June 9th to the following:

OGS Procurement Services Group 38th Floor Corning Tower ATT: Colleen Messier Empire State Plaza Albany, NY 12242 FAX: 518-474-1160

If your company previously submitted an “intent to bid” form for the Natural Gas IFB 22023PF, you may submit this cover sheet along with a copy of the Standard Vendor Responsibility Questionnaire submitted at that time to comply.

Submittal of these forms allows us to complete our vendor responsibility review prior to the bid opening for those vendors that intend to participate. Submittal of these forms in no way obligates your company to submit a bid but failure to submit these forms by June 9th, 2010 will preclude your company from receiving an award for this contract. If you have any questions, please contact Colleen Messier at 518- 474-1108.

------

We currently plan to participate in the above referenced bid and have included the attached vendor responsibility form with this submittal. We understand that submittal of these forms in no way obligates us to participate in the bid.

Name of Business Signature of Officer

Address PRINT Signature

City, State, Zip Title

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

Appendix 1 {Revised: March 2009}

New York State Standard Vendor Responsibility Questionnaire (Use the Uniform Contracting Questionnaire CCA-1, for all construction contracts)

Each Contracting Agency conducts a review of prospective contractors (“vendors”) to provide reasonable assurances that the vendor is responsible. This questionnaire is used for all non-construction contracts with a contract value of $100,000.00 or more and is designed to provide information to assess a vendor’s authorization to do business in New York State, as well as your business integrity, financial and organizational capacity, and performance history. (Review of construction contractors will be based upon the Uniform Contracting Questionnaire developed by the Council of Contracting Agencies.)

Each vendor must answer every question contained in this questionnaire. Where a response requires additional information, the vendor must attach a written response that adequately details the requested information. Please number each response to match the question number. The completed questionnaire and attached responses will become part of the procurement record.

In order to expedite the required review, when providing additional information for a “YES” answer to Questions 14 a-s, or any other response which requires additional explanation, your information and responses should address the relationship of the issue to the proposed contract. Be brief, concise and to the point. Discuss as appropriate the following:

• Provide a description of the issue and identify the actions taken or currently being implemented to ensure that the issue will not occur again. • State whether the staff and/or organizational component involved in the identified issue(s) will work on the proposed contract. If so, provide information to assure the agency that the issue will not be repeated. • Identify the relationship (or lack thereof) between the product/services involved in the issue and the type of product/services proposed for this contract. • State whether the issue will affect your financial or organizational ability to perform under the proposed contract. • Provide copies of relevant documents or any other information that would assist the agency in its vendor responsibility evaluation.

It is imperative that the person completing the vendor responsibility questionnaire be knowledgeable about the proposing vendor’s business and operations, as an owner or officer of the vendor must attest to the questionnaire information. Please be advised that at the end of this questionnaire, you must certify, under oath, all responses given.

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

1. LEGAL BUSINESS NAME:

2. FEDERAL EMPLOYER ID NO. (FEIN):

3. D/B/A — Doing Business As (if applicable): COUNTY FILED:

4. WEBSITE ADDRESS (if applicable):

5. PRINCIPAL PLACE OF BUSINESS ADDRESS:

6. TELEPHONE NUMBER: ______7. FAX NUMBER:

8. AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE: Name: Title: Telephone Number: Fax Number: E-mail:

9. TYPE OF BUSINESS: (please check appropriate box and provide additional information) a) Corporation State of Incorporation: b) Sole Proprietor State/County filed in: c) General Partnership State/County filed in: d) Not-for-Profit Corporation Charities Registration Number: e) Limited Liability Company (LLC) Jurisdiction filed: f) Limited Partnership State/County filed in g) Other — Specify: Jurisdiction Filed (if applicable)

10. IF NOT INCORPORATED OR FORMED IN NEW YORK STATE, PLEASE PROVIDE A CURRENT CERTIFICATE OF GOOD STANDING FROM YOUR STATE OR APPLICABLE LOCAL JURISDICTION.

11. LIST NAME AND TITLE OF EACH PRINCIPAL, OWNER, OFFICER, MAJOR STOCKHOLDER (10% OR MORE OF THE VOTING SHARES FOR PUBLICLY TRADED COMPANIES, 25% OR MORE OF THE SHARES FOR ALL OTHER COMPANIES), DIRECTOR AND MEMBER, as applicable: a) b) c) d) e) f) g) h)

12. AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT: Name: Title: Telephone Number: Fax Number: E-mail:

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

13. DOES THE VENDOR USE, OR HAS IT USED IN THE PAST FIVE (5) YEARS, ANY OTHER BUSINESS NAME, FEIN, OR D/B/A OTHER THAN WHAT IS LISTED IN QUESTIONS 1-3 ABOVE? Yes No If yes, provide the name(s), FEIN(s) and d/b/a(s) and the address for each such company and d/b/a on a separate piece of paper and attach to this response.

14. WITHIN THE PAST FIVE (5) YEARS, HAS THE VENDOR, ANY PRINCIPAL, OWNER, OFFICER, MAJOR STOCKHOLDER (10% OR MORE OF THE VOTING SHARES FOR PUBLICLY TRADED COMPANIES, 25% OR MORE OF THE SHARES FOR ALL OTHER COMPANIES), AFFILIATE1 OR ANY PERSON INVOLVED IN THE BIDDING, CONTRACTING OR LEASING PROCESS BEEN THE SUBJECT OF ANY OF THE FOLLOWING: (a) a judgment or conviction for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct? Yes No (b) a criminal investigation or indictment for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct? Yes No (c) an unsatisfied judgment, injunction or lien for any business related conduct obtained by any federal, state or local government agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any federal, state or local government agency? Yes No (d) an investigation for a civil or criminal violation for any business related conduct by any federal, state or local agency? Yes No (e) a grant of immunity for any business-related conduct constituting a crime under federal, state or local governmental law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct? Yes No (f) a federal, state or local government suspension or debarment from the contracting process? Yes No (g) a federal, state or local government contract suspension or termination for cause prior to the completion of the term of a contract? Yes No (h) a federal, state or local government denial of a lease or contract award for non- responsibility? Yes No (i) an administrative proceeding or civil action seeking specific performance or restitution in connection with any federal, state or local contract or lease? Yes No

1"Affiliate"meaning: (a) any entity in which the vendor owns more than 50% of the voting stock; (b) any individual, entity or group of principal owners or officers who own more than 50% of the voting stock of the vendor; or (c) any entity whose voting stock is more than 50% owned by the same individual, entity or group described in clause (b). In addition, if a vendor owns less than 50% of the voting stock of another entity, but directs or has the right to direct such entity’s daily operations, that entity will be an “affiliate” for purposes of this questionnaire.

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

(j) a federal, state or local determination of a willful violation of any public works or labor law or regulation? Yes No (k) a sanction imposed as a result of judicial or administrative proceedings relative to any business or professional license? Yes No (l) a consent order with the New York State Department of Environmental Conservation, or a federal, state or local government enforcement determination involving a violation of federal, state or local environmental laws? Yes No (m) an Occupational Safety and Health Act citation and Notification of Penalty containing a violation classified as serious or willful? Yes No (n) a rejection of a bid on a New York State contract or a lease with the State for failure to comply with the MacBride Fair Employment Principles? Yes No (o) a citation, violation order, pending administrative hearing or proceeding or determination issued by a federal, state or local government for violations of: - health laws, rules or regulations Yes No - unemployment insurance or workers’ compensation coverage or claim requirements Yes No - ERISA (Employee Retirement Income Security Act) Yes No - human rights laws Yes No - federal U.S. Citizenship and Immigration Services laws Yes No - Sherman Act or other federal anti-trust laws Yes No (p) entered into an agreement to a voluntary exclusion from contracting with a federal, state or local governmental entity? Yes No (q) a denial, decertification, revocation or forfeiture of Women’s Business Enterprise, Minority Business Enterprise or Disadvantaged Business Enterprise status? Yes No (r) a rejection of a low bid on a federal, state or local contract for failure to meet statutory affirmative action or Minority or Women's Business Enterprise or Disadvantaged Business Enterprise status requirements on a previously held contract? Yes No (s) a finding of non-responsibility by an agency or authority due to a violation of State Finance Law §139-j? Yes No

FOR EACH YES ANSWER TO QUESTIONS 14 a-s, PROVIDE DETAILS ON ADDITIONAL SHEETS REGARDING THE FINDING, INCLUDING BUT NOT LIMITED TO CAUSE, CURRENT STATUS, RESOLUTION, ETC.

15. DURING THE PAST THREE YEARS, HAS THE VENDOR FAILED TO: (a) FILE RETURNS OR PAY ANY APPLICABLE FEDERAL, STATE OR LOCAL GOVERNMENT TAXES? Yes No If yes, identify the taxing jurisdiction, type of tax, liability year(s) and tax liability amount the company failed to file/pay and the current status of the liability:

(b) FILE RETURNS OR PAY NEW YORK STATE UNEMPLOYMENT INSURANCE? Yes No If yes, indicate the years the company failed to file/pay the insurance and the current status of the liability:

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

16. HAVE ANY BANKRUPTCY PROCEEDINGS BEEN INITIATED BY OR AGAINST THE VENDOR OR ITS AFFILIATES WITHIN THE PAST SEVEN YEARS (WHETHER OR NOT CLOSED) OR IS ANY BANKRUPTCY PROCEEDING PENDING BY OR AGAINST THE VENDOR OR ITS AFFILIATES, REGARDLESS OF THE DATE OF FILING? Yes No

If yes, indicate if this is applicable to the submitting vendor or one of its affiliates: If it is an affiliate, include the affiliate’s name and FEIN: Provide the court name, address and docket number: Indicate if the proceedings have been initiated, remain pending or have been closed: If closed, provide the date closed:

17. DOES VENDOR HAVE THE FINANCIAL RESOURCES NECESSARY TO FULFILL THE REQUIREMENTS OF THE PROPOSED CONTRACT? Yes No

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

State of ) ) ss: County of )

CERTIFICATION:

The undersigned, personally and on behalf of the vendor identified in questions 1-3 above, does hereby state and certify to the New York State Office of General Services that the information given above is true, accurate and complete. It is further acknowledged that the State of New York and the Office of General Services will rely upon the information contained herein and in any attached pages for purposes of evaluating our company for vendor's responsibility for contract award and the State may, in its discretion, by means which it may choose, verify the truth and accuracy of all statements made herein. It is further acknowledged that intentional submission of false or misleading information may constitute a felony under Penal Law Section 175.35 or may constitute a misdemeanor under Penal Law Sections 175.30, 210.35 or 210.45, and may also be punishable by a fine and/or imprisonment of up to five years under 18 USC Section 1001 and may result in contract termination.

Name of Business Signature of Officer

Address Typed Copy of Signature

City, State, Zip Title

Sworn to before me this day of ______20 .

Notary Public: Registration No: State:

IntentToBid.21998/corr/ng.doc/T03md

State of New York Executive Department Office of General Services - Procurement Services Group Corning Tower - 37th Floor Empire State Plaza Albany, NY 12242 INVITATION FOR BIDS

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN BIDS MAY BE SENT TO THE ABOVE ADDRESS OR FAXED TO (518) 486-5628 ONLY (E-Mail Bid Submissions Are NOT Acceptable) BID OPENING TITLE: Group 05900 - NATURAL GAS DATE: June 23, 2010 (Firm Supply – Fixed and Indexed Price) (Interruption Supply – Indexed Price) TIME: 11:00 AM Classification Code(s): 15 INVITATION FOR BIDS NUMBER: SPECIFICATION REFERENCE: As Incorporated in the Invitation For Bids 21998-PF

CONTRACT PERIOD: November 1, 2010 to October 31, 2012 DESIGNATED CONTACTS: Team #3 Colleen Messier, Purchasing Officer I Edwin Lucier, Team Leader Telephone No. (518) 474-1108 Telephone No. (518) 474-3540 E-mail address: [email protected] E-mail address: [email protected]

The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at: Procurement Lobbying: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

Legal Business Name of Company Bidding: Bidder's Federal Tax Identification #: (Do Not Use SS#)

D/B/A - Doing Business As (if applicable):

Street City State Zip County

Cash Discounts will not be considered in determining low bid, but cash discounts of any size may be considered in awarding tie bids. ______% Cash Discount for payment within 15 days of delivery and/or receipt of voucher ______% Cash Discount for payment within 30 days of delivery and/or receipt of voucher If you are not bidding, place an “x” in the box and return this page only. WE ARE UNABLE TO BID AT THIS TIME BECAUSE______. Bidder’s Signature: Printed or Typed Name:

Title: Date: Phone : ( ) - ext ( ) Toll Free Phone : ( ) - ext ( ) Fax : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( ) E-mail Address: Company Web Site: FOR PROCUREMENT SERVICES GROUP USE ONLY P.R. # 21998 LIT MEMO MISSING PAGES LET OTHER

C-IFB.dot(03/10) GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 2 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Be advised that submission of the Intent to Bid by the deadline indicated is a mandatory requirement for participation in this bid solicitation.

Receipt of these bid documents does not indicate that the Office of General Services' Procurement Services Group has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO BIDDERS: The Commissioner of General Services will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for bid submittals:

1. BID PREPARATION Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block provided. One copy of the bid is required, unless otherwise specified herein.

2. BID DEVIATIONS If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. See “Extraneous Terms” in Appendix B, OGS General Specifications.

3. BID DELIVERY Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to OGS prior to the date of the bid opening. LATE BIDS may be rejected. E-mail bid submissions are not acceptable and will not be considered.

• Bid envelopes and packages An envelope and/or package containing a bid should be clearly marked "BID ENCLOSED" and should state the Bid Number, Bid Opening Date, and Time. Failure to complete all information on the bid envelope and/or packages may necessitate the premature opening of the bid and may compromise confidentiality. See "Bid Submission" in Appendix B, OGS General Specifications. Bids shall be delivered to:

State of New York Executive Department Office of General Services Procurement Services Group Corning Tower - 37th Floor Reception Desk Empire State Plaza Albany, NY 12242

• FAX transmittals If permitted by this solicitation, fax transmittals shall be sent to: (518) 486-5628 ONLY See "Facsimile Submissions" in Appendix B, OGS General Specifications.

• Hand deliveries Bidders must allow extra time to comply with the security procedures in effect at the Empire State Plaza when hand delivering bids or using deliveries by independent courier services. Bidders assume all risks for timely, properly submitted deliveries.

4. IMPORTANT SECURITY PROCEDURES To access the Corning Tower, all visitors must check in by presenting photo identification at the security desk. Bidders attending bid openings are encouraged to pre-register for building access by contacting the Procurement Services Groups (PSG) receptionist at 518-474-6262 at least 24 hours prior to the bid opening. Visitors who are registered can check in directly with the Security Desk. Visitors who are not pre-registered will be directed to a designated phone to call the PSG Receptionist. The Receptionist will register the visitor at that time but delays may occur. Vendors who intend to deliver bids or conduct PSG business should allow extra time to comply with these security procedures. Security procedures may change or be modified at any time.

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GENERAL INFORMATION (Cont’d)

NON-COLLUSIVE BIDDING CERTIFICATION: (Reference: State Finance Law Section 139-d and Appendix A, Clause 7) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

In the event that the bidder is unable to certify as stated above, the bidder shall provide a signed statement which sets forth in detail the reasons why the bidder is unable to furnish the certificate as required in accordance with State Finance law Section 139-d(1)(b).

PROCUREMENT LOBBYING TERMINATION: OGS reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer/bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to the Offerer/bidder in accordance with the written notification terms of this contract.

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

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 Invitation for Bids or through the OGS website (www.ogs.state.ny.us).

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GENERAL INFORMATION (Cont’d)

CONTRACT BILLINGS AND PAYMENTS: a. Billings. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at www.osc.state.ny.us, by e-mail at [email protected], or by telephone at 518-474-4032. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. c. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments.

APPENDIX A: Appendix A, Standard Clauses For New York State Contracts, dated June 2006, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

APPENDIX B: Appendix B, Office of General Services General Specifications, dated July 2006, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A. Please retain this document for future reference.

CONFLICT OF TERMS AND CONDITIONS: Conflicts between documents shall be resolved in the following order of precedence: a. Appendix A b. This Invitation For Bids c. Appendix B d. Bidder’s Bid

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GENERAL INFORMATION (Cont’d)

NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE (APPENDIX 1): Bidder agrees to fully and accurately complete the NYS Standard Vendor Responsibility Questionnaire, which is attached as Appendix 1 (hereinafter the “Questionnaire”). The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire in making that determination. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract by providing ten (10) days written notification to the Contractor. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

TAX LAW 5-A AMENDED APRIL 26, 2006 (APPENDIX 2) Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded state contracts for commodities, services and technology valued at more than $100,000 to certify to the Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to contracts where the total amount of such contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the State Comptroller, or other approving agency, from approving a contract awarded to a contractor meeting the registration requirements but who is not so registered in accordance with the law. Contractor certification forms and instructions for completing the forms are attached to this bid. Form No. ST- 220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST-220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the contractor, its affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF. Form ST-220-CA must be filed with the bid and submitted to the procuring covered agency certifying that the contractor filed the ST-220-TD with DTF. Proposed contractors should complete and return the certification forms within two business days of request (if the forms are not completed and returned with bid submission). Failure to make either of these filings may render a bidder non-responsive and non-responsible. Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Section 5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.nystax.gov.

MERCURY-ADDED CONSUMER PRODUCTS: Offerers are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury except by prescription written by a physician and bans the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005, manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Offerers are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705 or the Bureau of Hazardous Waste Regulation at 1-800-462-6553 for questions relating to the law. Offerers may also visit the Department's web site for additional information: http://www.dec.ny.gov/chemical/8512.html.

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GENERAL INFORMATION (Cont’d)

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY/WOMEN-OWNED BUSINESSES In accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women’s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts 140-144, the Offerer/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts. a. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 – Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract. b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses Authorized Users are encouraged to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the directory of Certified Businesses can be viewed at: http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp

ELECTRONIC BID OPENING RESULTS: The Procurement Services Group (PSG) posts bid prices on the OGS/PSG web page. The web page makes available bid tabulations (i.e.: photocopies of price pages or spreadsheets) received by PSG for scheduled bid openings. Previously only available through Freedom of Information, such information is anticipated to be available online within two business days after the bid opening. The Bid Opening Results Page is available at: http://www.ogs.state.ny.us/purchase/bidresults/bidresults.asp

DEBRIEFING: A bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Prior to contract award, OGS shall, upon request, provide a debriefing which would be limited to review of that bidder’s proposal or bid. After contract award, OGS shall, upon request, provide a debriefing to any unsuccessful bidder that responded to the solicitation, regarding the reason that the proposal or bid submitted by such bidder was not selected for a contract award. The post-award debriefing should be requested in writing within 30 days of posting of the contract award on the OGS website.

APPENDIX B NOTES: The following Appendix B clauses are hereby deleted for the purposes of this solicitation: Paragraph 60b – Termination for Convenience

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GENERAL INFORMATION (Cont’d)

INQUIRIES/ISSUING OFFICE: All inquiries concerning this specification will be addressed to the following PSG designated contact(s) and issuing office:

PRIMARY CONTACT SECONDARY CONTACT Colleen Messier Edwin Lucier NYS Office of General Services NYS Office of General Services Procurement Services Group Procurement Services Group Corning Tower - 38th Floor Corning Tower - 38th Floor Empire State Plaza Empire State Plaza Albany, New York 12242 Albany, New York 12242

Phone No.: (518) 474-1108 Phone No.: (518) 474-3540 FAX No. (518) 474-1160 FAX No. (518) 474-1160 E-Mail: [email protected] E-Mail: [email protected]

All questions should be submitted in writing no later than June 14, 2010, citing the particular bid section and paragraph number. The prospective bidder should notify the DESIGNATED CONTACT of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive bid. Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid. Bidders entering into a contract with the State are expected to comply with all the terms and conditions contained herein. Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

SPECIAL NOTES TO BIDDER: It is the intent of the Office of General Services to make an award by close of business June 23, 2010, until that time bids must remain firm, and cannot be withdrawn. If, however, an award is not affected within this time period, bid shall remain firm until such later time as either a contract is awarded b the State, or the bidder submits to the Procurement Services Group written notice of the withdrawal of its bid.

NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (http://www.ogs.state.ny.us/purchase/snt/othersuse.asp). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at 518-474-6717.

EXTENSION OF USE: Any contract resulting from this bid solicitation 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 resultant 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.

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GENERAL INFORMATION (Cont’d)

METHOD OF AWARD: Award shall be made by Lot, Grand Total for all Items within each Lot, to the lowest responsive and responsible bidder.

ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications.

CONTRACT PERIOD AND RENEWALS: It is the intention of the State to enter into a contract for the term as stated on the Invitation for Bids except that the commencement and termination dates appearing on the Invitation for Bids may be adjusted forward unilaterally by the State for any resulting contract for up to two calendar months, by indicating such change on the Contract Award Notification. The contract dates may be adjusted forward beyond two months only with the approval of the successful bidder. If, however, the bidder is not willing to accept an adjustment of the contract dates beyond the two month period, the State reserves the right to proceed with an award to another bidder. 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 additional period(s) not to exceed a total contract term of five (5) years.

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS: Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal.

1. Proof of Compliance with Workers’ Compensation Coverage Requirements: An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall: A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self- insurance plan.

A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General Services at the time of bid submission or shortly after the opening of bids: A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.state.ny.us); (Reference applicable IFB/RFP and Group #s on the form.) B) Certificate of Workers’ Compensation Insurance: 1) Form C-105.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the New York State Office of General Services, or 2) Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the New York State Office of General Services. C) Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office. D) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.

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GENERAL INFORMATION (Cont’d)

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS: (Cont’d)

2. Proof of Compliance with Disability Benefits Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall: A) Be legally exempt from obtaining disability benefits coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Board-approved self-insured employer.

ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The Office of General Services, Procurement Services Group, Team 3, 38th floor, Corning Tower, Albany NY 12242 as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder)

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GENERAL INFORMATION (Cont’d)

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.

DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW): On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities. Thirty-three percent (33%) of affected vehicles must have BART by December 31, 2008, sixty-six percent (66%) by December 31, 2009 and one-hundred percent (100%) by December 31, 2010. The Law provides a list of exempted vehicles. Regulations currently being drafted will provide further guidance as to the effects of the Law on contract vendors using heavy duty diesel vehicles on behalf of the State. The Law also permits waivers of ULSD and BART under limited circumstances at the discretion of the Commissioner of Environmental Conservation. The Law will also require reporting from State agencies and from contract vendors in affected contracts. Therefore, the bidder hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL §19-0323, to be used under this contract, will comply with the specifications and provisions of NYECL §19-0323, and any regulations promulgated pursuant thereto, which requires the use of BART and ULSD, unless specifically waived by NYSDEC. Qualification and application for a waiver under this Law will be the responsibility of the bidder.

SCOPE: This Invitation for Bids describes a contract to be awarded for the purchase of natural gas directly from gas suppliers or ESCO’s for use at the facilities listed herein. This concept is in accordance with gas deregulation actions of the Federal Energy Regulatory Commission, the New York State Legislature and the New York State Public Service Commission.

DEFINITIONS: Except in those instances where the text states another meaning, the following terms, as used in this Invitation for Bids and specification shall have the meanings as set forth below:

Alternate Fuel - fuel used other than natural gas

Alternate Transporting Pipeline(s) - the pipeline(s) which transports the gas to the LDC (City gate) when the primary pipeline is unavailable

Average of the last three days of the Close of the NYMEX - shall mean 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 - all costs associated with the acquisition and transportation of natural gas from the ESCO's point of acquisition to the LDC’s City gate. This includes all costs associated with balancing services to the burner tip, fuel retainage losses, GRI surcharge, and overhead and profit carried to the fourth decimal place. Basis costs shall be firm for the life of the contract and does not include the commodity cost.

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GENERAL INFORMATION (Cont’d)

DEFINITIONS: (Cont’d) Commodity - Natural Gas

Burner Tip - Consumption at end user’s billing meter

Buyer – Authorized agency personnel assigned to trigger gas buy

City gate - The point of interconnection between a pipeline and a Local Distribution Company where gas is delivered to the LDC

Contract - Any contract award resulting from this Invitation for Bids

Contractor - any bidder to whom a contract award has been made by the State as a result of bidding process.

Curtailment - interruption of flowing natural gas supplies imposed by pipelines and LDCs as a result of the demand for transportation service exceeding the capacity of the pipeline

DTI - Dominion Transmission, Inc.

ESCO – Energy Service Company

Event - Any day when an authorized user is receiving firm supply to the city gate and is required by the LDC to switch to its alternative fuel.

FERC - Federal Energy Regulatory Commission

FT - Firm Transportation

Final Fixed Price – Fixed Price plus the procurement fee

Final Indexed Price – Indexed Price plus the procurement fee

Firm Supply - service that anticipates no interruptions. Firm supply means primary firm, non-recallable primary delivery point capacity to the city gate and does not mean secondary firm supply. All natural gas specified herein as firm supply shall be primary firm supply.

Fixed Price - the combined price of the commodity and the “basis cost” for the duration of the contract for the delivery of natural gas to the city gate.

Fuel Retainage Losses - charges for fuel retention due to gas used for “PRESSURE"

GRI- Gas Research Institute

Gas day - A period of twenty-four (24) consecutive hours commencing at a specified hour on a given calendar day and ending at the same specified hour on the next succeeding calendar day.

Indexed Price – the combined price of indexed commodity cost and the “basis cost”. The commodity price will vary monthly based on the New York Mercantile Exchange (NYMEX) futures commodity prices. A fixed "basis cost" will be added to the commodity price to determine each month's indexed price. Interruptible Supply – gas service which may be interrupted by the ESCO with satisfactory justification, which is an interstate pipeline or LDC curtailment. LDC - Local Distribution Company, also known as Local Utility Company, which transports gas from the City Gate to the customer's meter.

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GENERAL INFORMATION (Cont’d)

DEFINITIONS: (Cont’d) Line Loss - the reduction in quantity of natural gas that results from leaks, venting, and other physical circumstances on a pipeline system

MPDQ - The MPDQ assigned per customer represents the use of certain pipeline assets and storage assets to accommodate the daily imbalance tolerance. The MPDQ pass through should not be included in the bid price.

MMBtu's - one million British Thermal Units, also known as a dekatherm.

Month - a period beginning at 10:00 a.m. on the first day of a calendar month and ending at 10:00 a.m. on the first day of the calendar month immediately following.

NYMEX - New York Mercantile Exchange

Natural Gas - a naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth’s surface and used as a fuel

PSC/DPS - New York State Public Service Commission

Primary Point of Delivery - the point where the gas enters the LDC (City Gate)

Primary Pipeline - the pipeline(s) that transports the gas to the LDC (City Gate)

Shrinkage - reduction in volume of wet natural gas due to removal of natural gas liquids, hydrogen sulfide, carbon dioxide, water vapor, and other impurities

State - The State of New York, its agencies and authorized non-State users

System Alert - An announcement of actual or pending events that if unchecked may result in an operational flow order

Taxes - Contact NYS Tax Department at 1-800-225-5829 with questions concerning any relative taxes/refund

FILED REQUIREMENTS CONTRACT: 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 contractor. In the fixed price/firm supply, indexed price/firm supply, and the indexed price/interruptible supply lots, the quantities listed are intended to be indicative of the amount of natural gas to be purchased, however it is expressly agreed and understood that the contract shall only be for the quantities actually used during the contract term.

See also "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications.

CUSTOMER OBLIGATIONS: While OGS Procurement Services Group is responsible for administering the natural gas contract, it is expected the customer will attempt to work directly with the ESCO 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.

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GENERAL INFORMATION (Cont’d)

PROCUREMENT CONTRACT FEE – NATURAL GAS: State Finance Law §163-c (added by Part F of Chapter 56 of the Laws of 2008), imposes a centralized procurement contract fee (procurement fee) for centralized contracts for the purchase of commodities, services and technology awarded and administered by the Commissioner of General Services. The procurement fee is equal to one half of one percent (0.005) of the price of the commodity, service or technology sold and payable by the contractor. State Finance Law section 163-c applies to bids issued by OGS on or after July 1, 2008. For the purposes of this solicitation, bidder shall not include the procurement fee in its bid price. The Office of General Services shall add the fee to the bid price for each lot in accordance with the statute and will be subject to review for evaluation and recommendations for contract. The Office of General Services shall publish the Final Prices for both fixed and indexed prices and future price amendments on its web site.

OGS shall publish the Final Prices and future price adjustments, where applicable, using these calculations. The final prices shall be calculated for both the fixed and indexed prices as follows:

Final Fixed Price = fixed price (basis cost + the commodity cost) + procurement fee (fixed price *.005)

Final Indexed Price = indexed price (average of the last 3 days of the NYMEX as defined in this solicitation + basis cost) + procurement fee (indexed price *.005)

The procurement fee of one half of one percent of sales to purchasers by the contractor for the applicable preceding calendar quarter, as well as an accompanying return, must be made by the contractor to the New York State Department of Taxation and Finance (“DTF”) no later than forty-five (45) days after the close of each calendar quarter. Payment of the procurement fee, as well as filing of the accompanying return, must be made electronically to DTF. Prior to electronically filing the initial return and electronically paying the initial procurement fee, contractors must register on DTF’s Online Tax Center (http://www.tax.state.ny.us/nyshome/online.htm). Returns must be filed even if no sales under the centralized contract were made during the preceding calendar quarter. Simultaneously, the contractor must provide its sales report for such preceding calendar quarter to OGS in the format and with details set forth in this solicitation. Contractors must fully cooperate with DTF and OGS relative to such payments and filings. Penalties for failure to comply with the filing and payment requirements are provided for by Article 27 of the Tax Law. A contractor that cannot comply with the mandatory electronic filing and payment requirements must advise the OGS in writing at the time of bidding that it cannot reasonably comply with such electronic requirements. The contractor must provide the basis and reasons for its inability to comply. OGS shall in its sole discretion determine whether a sufficient basis and reasons have been presented supporting waiver of the mandatory electronic requirements. If the waiver is granted, the contractor shall pay the procurement fee to OGS by paper check, accompanied by the sales report and the paper return within forty-five days (45) days after the close of the preceding calendar quarter in accordance with the directions on the form. Contractor agrees to fully cooperate with OGS relative to such payment and filings. In addition to the penalties prescribed by Article 27 of the Tax Law, failure by a contractor to timely and accurately remit the procurement fee, provide the sales report and file the return for each calendar quarter shall constitute a breach of contract, and the Commissioner of General Services may exercise discretion to terminate such centralized contract on written notice to the contractor.

NOTE: Notwithstanding the above, bidders are advised that the Governor’s 2010 budget proposal provides for the repeal of §163-c of the State Finance Law, “Centralized Procurement Contract Fee.” If approved by the Legislature and signed by the Governor, the procurement fee requirement as described above would no longer be applicable to this solicitation and the associated contract award. As this potential legislative action could have an impact on pricing in the bid under this solicitation, OGS reserves the right to adjust pricing to reflect the elimination of the one half of one percent (0.005) procurement fee consistent with the pricing methodology, effective the repeal day. Bidders are on notice that the Executive budget proposal for the State Fiscal year 2010 – 2011 State Budget is subject to legislative debate and discussions, is subject to change, and there is no guarantee that the proposed repeal of the procurement fee will take place.

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GENERAL INFORMATION (Cont’d)

REPORT OF CONTRACT PURCHASES: Contractor shall furnish quarterly reports containing total sales for both state agency and authorized non-state agency contract purchases no later than forty-five (45) days after the close of each calendar quarter. The Grand Total Sales Reports for State and Non-State Agencies are due at the same time the procurement fee is payable to the Department of Taxation and Finance, where applicable. In addition to contractor direct sales, contractor shall submit sales information for all resellers, dealers, distributors or other authorized distribution channels, where such contract sales are provided by other than the contractor. Contractors shall verify if each alternate vendor is a NYS Certified Minority (MBE) or Women (WBE) Owned Businesses. Contractors shall verify such status through the Empire State Development Minority and Women Owned Businesses Database web site at: http://www.nylovesmwbe.ny.gov/cf/search.cfm. A separate report shall be provided in the following format for each authorized distribution channel. The sales report form is forwarded to each contractor at time of award for completion in accordance with the contract terms and conditions:

Total Dekatherms Purchased Total Value Purchased ($) All Political Subdivisions/Authorized Users All State Agencies TOTAL SALES $

The report is to be submitted electronically in Microsoft Excel 2003 or lower format to the Office of General Services, Procurement Services Group, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the Group Number, the Award Number, Contract Number, sales period, and contractor's (or other authorized agent) name. The outlined sales report is the minimum information required. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request.

PRICE: Prices shall be bid as either fixed or indexed as specified in each lot.

FIXED PRICE: Lots indicated as fixed price shall include both commodity and basis costs in the bid price. In accordance with the statute, OGS shall add the procurement contract fee to the ESCO’s fixed price to establish the final fixed price. Price increases are not applicable for those lots marked as fixed price. However, price decreases are allowed at anytime. Monthly indexed commodity prices do not apply to those lots identified as fixed price.

INDEXED PRICE: For Lots indicated as indexed price the ESCO shall include only basis cost in the bid price. For evaluation, in accordance with the statute, OGS shall add the procurement fee to the bid price. Final Indexed prices shall be calculated monthly 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 and adding the basis cost and procurement fee. Prices will be carried to the 4th decimal place. While commodity price may increase or decrease from month to month, increases to basis costs are not allowed. However, basis cost decreases are allowed at anytime.

NOTE: Average of the last three days of the Close of the NYMEX shall mean 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.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 15 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d) TAXES: Governmental entities are to be automatically considered federal and state tax exempt. No supplier/ESCO 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.

CONTRACT TYPES: 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 will receive "firm" supply. • The customer will pay for quantities actually used. • The customer will pay one final fixed price for the life of the contract. • The ESCO is responsible for all balancing to the burner tip. • The ESCO is required to deliver natural gas at all times. Firm supply specified in this Invitation for Bids means primary firm non-recallable primary delivery point capacity to the city gate and not secondary firm supply.

INDEXED PRICE - FIRM SUPPLY: • The customer will receive "firm" supply. • The customer will pay for quantities actually used. • The commodity price for natural gas will vary monthly based on the New York Mercantile Exchange (NYMEX) futures commodity prices. A fixed "basis cost" will be added to the commodity price to determine each month's indexed price. In accordance with the statute, the final indexed price will be calculated by adding the procurement fee to the month’s indexed 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 ESCO is responsible for all balancing to the burner tip. • The ESCO is required to deliver natural gas at all times. Firm supply specified in this Invitation for Bids means primary firm non-recallable primary delivery point capacity to the city gate and not secondary firm supply.

INDEXED PRICE - INTERRUPTIBLE SUPPLY: • The customer must have 100% dual fuel capability. • The commodity price for natural gas will vary monthly based on the New York Mercantile Exchange (NYMEX) futures commodity prices. A fixed "basis cost" will be added to the commodity price to determine each month's indexed price. In accordance with the statute, the final indexed price will be calculated by adding the procurement fee to the month’s indexed 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 ESCO is responsible for all balancing to the burner tip.

• 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 this Invitation for Bids and the subsequent award.

• If the natural gas prices 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. Other arrangements can be made providing mutual consent is established between the ESCO and the facility.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 16 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

INDEXED PRICE - INTERRUPTIBLE SUPPLY: (Cont'd) • During upstream pipeline interruptions which prevent city gate delivery of customer’s gas, the ESCO shall use all commercially reasonable efforts to secure replacement gas for the customers. Such efforts shall include, but not be limited to, supplies on alternate pipelines serving the effected LDC, requests to other the ESCOs, and requests to the effected LDC's of the availability of excess system supply gas ("excess city gas supply"). ESCO shall provide written documentation to customer of such efforts. If successful, ESCO must obtain facilities authorized personnel pre-approval and then confirm the transaction by submitting a Transaction Confirmation in the format as approved by the North American Energy Standards Board (NAESB). Price per dekatherm will be calculated as follows:

ESCO’s actual cost + $ .15 + procurement fee((ESCO’s actual cost +.15) *.005)

ESCO’s actual cost is defined as the price listed on the above mentioned Confirmation Sheet. This confirmation sheet is required for all quanities of gas purchased. Authorized user must document the reasonableness of price in the procurement record.

NOMINATIONS FOR INTERRUPTIBLE SUPPLY: The customer shall notify ESCO 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. If agreed to by the ESCO, nominations may be submitted to ESCO on an alternate date. ESCO should make certain that the using agency submits a nomination each month, even if the nomination is zero. If agency nominations are not timely, ESCO may contact the Office of General Services for assistance. Customers 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 ESCO and end user.

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 ESCO AND INDIVIDUAL FACILITY.

Dominion Transmission, Inc. (DTI) receipt point at south of Valley Gate will not be accepted in the bid 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).

ESCOS RESPONSIBILITIES DURING CURTAILMENTS/INTERRUPTIONS: If an agency nominates gas, and there is pipeline capacity available to the ESCO, ESCOs are expected to supply gas for the entire month and the facility is required to burn the gas for the entire month. The State agrees to be interrupted only when ESCO 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 exceeding capacity. ESCO 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 ESCO becomes aware that a curtailment will take place. ESCOs are required during periods of upstream pipeline interruptions, to contact LDC for the availability of excess city gate supply, enabling facility to purchase gas directly from the LDC. Price shall be approved prior to purchase by the individual agency. Should curtailment/interruption occur, ESCO will be required to provide to the Office of General Services, written documentation (within 24 hours of interruption) from the pipeline or LDC that clearly describes details of curtailment/interruption. This notification must be issued by the pipeline or LDC in question and must indicate the name, number and location of the station where curtailments/interruptions take place. This notification is required for each and every instance that curtailments/ interruptions occur. If gas should flow due to ESCO’s failure to notify the customer and the Office of General Services of curtailment, and customer purchases gas directly from the utility, the customer will have sufficient justification to apply a charge-back, which shall be the difference between the contract natural gas price versus the utility supplied price, including any LDC imposed charges.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 17 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

ESCOS RESPONSIBILITIES DURING CURTAILMENTS/INTERRUPTIONS: (Cont'd) If customer nominates “0” or at the time of the monthly nomination notified ESCO of a scheduled a plant shutdown/maintenance during said month, and gas flows, ESCO will be liable for any charges caused by failure to manage customers account. ESCO is required to notify customers and the Office of General Services of lifting of curtailment/ interruption as soon as possible and to enable gas flow at the next available opportunity. ESCO will be liable for any charges caused by ESCO's failure to inform customer and LDC, if applicable, of lifting of curtailment/ interruption. Curtailment/Interruption of one or more pipelines will not be considered a force majeure situation.

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), ESCO 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, ESCO 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: ESCO 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. ESCO 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 (Other Than Those Requested in this Invitation for Bids): The ESCO 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 ESCO 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.

QUANTITY: Subject to the terms and conditions of the contract, the ESCO agrees to sell and deliver to designated facilities, and customers agree to purchase and accept from the ESCO the nominated quantity of MMBtu’s of natural gas per month. (Delivery Schedule reflects estimated quantities only.) Customers will be billed for actual quantity consumed. The sale and delivery of gas by ESCO shall be on an interruptible or firm basis, as specified within each Lot. Where interruptible gas is specified, the ESCO 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 Office of General Services.

QUALIFICATION OF BIDDER: Bids will be accepted only from established natural gas producers or brokers (ESCOs) who have access to a supply of natural gas from which it is willing to make sales to the State, subject to completion and continuance of necessary transportation arrangements. In the event a bid is submitted by a broker, the broker hereby guarantees that a producer has agreed to supply the broker with quantities of gas to be ordered by the broker pursuant to any resulting contract with the State and agrees further to provide the State with a certificate from the producer acknowledging same, if requested. Also, no bid will be considered unless bidder is authorized to transfer gas under Section 311 of the Natural Gas Act of 1978 or be able to enter into an agreement with the LDC to gain access to appropriate interstate pipeline for delivery to using agency. For each Lot that is bid, supplier is required to furnish an agreement number on a major pipeline that supplies that LDC as well as the volume flowed on that pipeline during the previous year. (See page of the IFB) Failure to furnish this information may disqualify the bid from consideration.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 18 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

AGENCY TRAINING: ESCO 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 affect 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.

AGENCY/ESCO RESPONSIBILITIES FOR ALL UTILITY TERRITORIES:

Customers Responsibilities: Customer will be responsible for placing nominations for natural gas supply to the ESCO “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 ESCO and the agency.

Customer will be responsible for supplying usage data to ESCO on an as-needed basis as required by the ESCO in order to serve Agency under the utility/LDC.

Customer will be responsible for supplying faxed meter reads to ESCO on an as-needed basis.

Customer will be responsible for having installed and utility approved remote telemeter devices, if needed.

Customer will be responsible for timely completion of utilities aggregation form upon receipt from ESCO for further submission to Utility Company. Customer will be responsible for completion of any additional documentation as deemed necessary by ESCO and Utility/LDC.

ESCO Responsibilities: ESCO 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.)

ESCO, 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.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 19 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

AGENCY/ESCO RESPONSIBILITIES FOR ALL UTILITY TERRITORIES: (Cont'd)

ESCO will be responsible for requesting faxed meter reads from the Agency locations as deemed necessary by the ESCO in order to serve Agency under the applicable utility company's program.

ESCO will be responsible for executing the completion and submission of the utilities aggregation form as required by the utility/LDC.

ESCO 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 on this solicitation but may also include other customers served by the successful bidder within this LDC territory.

ESCO is responsible for monitoring customers accounts at all times, including but not limited to system alerts.

ESCO will be responsible for requesting any usage data from the Agency locations as deemed necessary by the ESCO in order to serve Agency under utility/LDC's program.

ESCO will be responsible for completion of any additional documentation as deemed necessary by the State or utility/LDC.

ESCO will be responsible for any and all daily/end-of-month “cash outs” as imposed by LDC, if applicable.

ESCO shall bill customer for actual quantities of natural gas consumed.

ESCOs 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.

ESCO must be compliant with 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.

ESCO will be responsible for notifying the OGS Procurement Services contract administrator immediately of any difficulties obtaining meter reads from individual facilities.

ESCO, where required, (all lots excluding interruptible supply) will secure adequate upstream capacity (and storage, when applicable) to ensure that service is "firm."

ESCO will be responsible to own the balance control account for all agencies listed herein, in accordance with individual utility/LDC when applicable.

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.

INVOICES: ESCO 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.

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 20 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 1

CENTRAL HUDSON GAS & ELECTRIC TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Resident Engineer Nov 09 - 60 334 Violet Avenue Tel. #: 845-454-3390 Dec 09 - 60 Poughkeepsie, NY 12601 Fax #: 845-454-6763 Jan 10 - 60 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

INDEXED PRICE/FIRM SUPPLY 2. NYS DOT Resident Engineer Nov 09 - 80 112 Dickson Street Tel. #: 845-562-4020 Dec 09 - 80 Newburgh, NY 12550 Fax #: 845-562-4190 Jan 10 - 80 [email protected] Feb 10 - 80 Mar 10 - 80 Apr 10 - 80 May 10 - 80 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 80 960

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Michael Forget Nov 09 - 400 272 Violet Avenue Tel. #: 845-471-5488 Dec 09 - 500 Poughkeepsie, NY 12601 Fax #: 845-454-3058 Jan 10 - 950 [email protected] Feb 10 - 800 Mar 10 - 600 Apr 10 - 500 May 10 - 100 Jun 10 - 70 Jul 10 - 10 Aug 10 - 5 Sept 10 - 10 Oct 10 - 200 4,145

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 21 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 2

CENTRAL HUDSON GAS & ELECTRIC TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Fishkill Correctional Facility James O’Rourke Ext. 3941 Nov 09 - 40,000 PO Box 307 Tel. #: 845-831-4800 Dec 09 - 50,000 Beacon, NY 12508 Fax #: 845-831-4800 Ext. 3199 Jan 10 - 55,000 [email protected] Feb 10 - 55,000 Mar 10 - 60,000 Apr 10 - 37,000 May 10 - 24,000 Jun 10 - 20,000 Jul 10 - 20,000 Aug 10 - 20,000 Sept 10 - 20,000 Oct 10 - 22,000 423,000

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 22 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 3

CON EDISON TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. DMNA-State Armory Michael Savage Nov 09 - 360 955 Washington Street Tel. #: 518-786-4552 Dec 09 - 420 Peekskill, NY 10566-8515 Fax #: 518-786-4400 Jan 10 - 1,200 [email protected] Feb 10 - 700 Mar 10 - 690 Apr 10 - 260 May 10 - 200 Jun 10 - 100 Jul 10 - 10 Aug 10 - 5 Sept 10 - 5 Oct 10 - 220 4,170

INDEXED PRICE/FIRM SUPPLY 2. Greenburgh Police Headquarters Daniel Brophy Nov 09 - 0 (Court) Tel. #: 914-993-1590 Dec 09 - 0 188 Tarrytown Road Fax #: 914-993-1639 Jan 10 - 497 White Plains, NY 10607 [email protected] Feb 10 - 394 Mar 10 - 317 Apr 10 - 172 May 10 - 90 Jun 10 - 49 Jul 10 - 19 Aug 10 - 10 Sept 10 - 11 Oct 10 - 146 1,705

INDEXED PRICE/FIRM SUPPLY 3. Greenburgh Town Hall Daniel Brophy Nov 09 - 0 177 Hillside Avenue Tel. #: 914-993-1590 Dec 09 - 0 White Plains, NY 10603 Fax #: 914-993-1585 Jan 10 - 647 [email protected] Feb 10 - 482 Mar 10 - 383 Apr 10 - 230 May 10 - 104 Jun 10 - 21 Jul 10 - 2 Aug 10 - 2 Sept 10 - 32 Oct 10 - 247 2,150

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 23 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 3

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. Greenburgh Recreation Dept. Daniel Brophy Nov 09 - 0 Olympic Lane Tel. #: 914-993-1590 Dec 09 - 0 Ardsley, NY 10502 Fax #: 914-993-1639 Jan 10 - 361 [email protected] Feb 10 - 264 Mar 10 - 170 Apr 10 - 85 May 10 - 52 Jun 10 - 39 Jul 10 - 42 Aug 10 - 30 Sept 10 - 55 Oct 10 - 117 1,215

INDEXED PRICE/FIRM SUPPLY 5. Greenburgh Sprain Garage Daniel Brophy Nov 09 - 0 100 Sprain Road Tel. #: 914-993-1590 Dec 09 - 0 Ardsley, NY 10502 Fax #: 914-993-1639 Jan 10 - 1,466 [email protected] Feb 10 - 1,193 Mar 10 - 956 Apr 10 - 480 May 10 - 162 Jun 10 - 26 Jul 10 - 7 Aug 10 - 5 Sept 10 - 32 Oct 10 - 48 4,375

INDEXED PRICE/FIRM SUPPLY 6. Greenburgh Pump Station Daniel Brophy Nov 09 - 83 Bryant Avenue Tel. #: 914-993-1590 Dec 09 - 0 Elmsford, NY 10523 Fax #: 914-993-1585 Jan 10 - 40 [email protected] Feb 10 - 40 Mar 10 - 35 Apr 10 - 18 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 1 Sept 10 - 1 Oct 10 - 26 244

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 24 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 3

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. Greenburgh Water & Sewer Dept. Daniel Brophy Nov 09 - 25 181 Knollwood Road Tel. #: 914-993-1590 Dec 09 - 0 White Plains, NY 10607 Fax #: 914-993-1585 Jan 10 - 0 [email protected] Feb 10 - 0 Mar 10 - 209 Apr 10 - 67 May 10 - 26 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 94 421

INDEXED PRICE/FIRM SUPPLY 8. Town of Cortlandt Peter McMillan Nov 09 - 0 2 Heady Street Tel. #: 914-734-1046 Dec 09 - 14 Cortlandt Manor, NY 10567 Fax #: 914-734-1003 Jan 10 - 45 [email protected] Feb 10 - 40 Mar 10 - 27 Apr 10 - 16 May 10 - 4 Jun 10 - 1 Jul 10 - 0 Aug 10 - 0 Sept 10 - 1 Oct 10 - 9 157

INDEXED PRICE/FIRM SUPPLY 9. Town of Cortlandt Peter McMillan Nov 09 - 155 1 Heady Street Tel. #: 914-734-1046 Dec 09 - 196 Cortlandt Manor, NY 10567 Fax #: 914-734-1003 Jan 10 - 590 (Town Hall) [email protected] Feb 10 - 511 Mar 10 - 404 Apr 10 - 276 May 10 - 45 Jun 10 - 64 Jul 10 - 57 Aug 10 - 53 Sept 10 - 1 Oct 10 - 0 2,352

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 25 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 3

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. Town of Cortlandt Peter McMillan Nov 09 - 2 3131 East Main Street/Rt. 6 Tel. #: 914-734-1046 Dec 09 - 6 Cortlandt Manor, NY 10567 Fax #: 914-734-1049 Jan 10 - 162 (Town Center) [email protected] Feb 10 - 36 Mar 10 - 24 Apr 10 - 10 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 0 240

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 26 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. Westchester Co. Facility Diane Barrowman Nov 09 - 564 Ossining Treatment Plant Tel. #: 914-862-5265 Dec 09 - 992 75 Westerly Road Fax #: 914-862-5269 Jan 10 - 241 Ossining, NY 10562 [email protected] Feb 10 - 0 Mar 10 - 864 Apr 10 - 1,021 May 10 - 108 Jun 10 - 5 Jul 10 - 0 Aug 10 - 5 Sept 10 - 0 Oct 10 - 235 4,035

INDEXED PRICE/FIRM SUPPLY 2. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 9,219 375 Executive Blvd. Fax #: 914-995-6146 Jan 10 - 6,980 Elmsford, NY 10523 [email protected] Feb 10 - 3,838 Mar 10 - 1,672 Apr 10 - 186 May 10 - 185 Jun 10 - 0 Jul 10 - 185 Aug 10 - 390 Sept 10 - 2,981 Oct 10 - 0 25,636

INDEXED PRICE/FIRM SUPPLY 3. Westchester Co. Env. Facility Charles Beckett Nov 09 - 100 1 Fernbrook St. Tel. #: 914-231-2845 Dec 09 - 223 Yonkers, NY 10705 Fax #: 914-231-2849 Jan 10 - 450 [email protected] Feb 10 - 450 Mar 10 - 357 Apr 10 - 171 May 10 - 103 Jun 10 - 95 Jul 10 - 86 Aug 10 - 79 Sept 10 - 93 Oct 10 - 95 2,302

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 27 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. Westchester Co. Env. Facility Charles Beckett Nov 09 - 402 Valentine Lane Tel. #: 914-231-2845 Dec 09 - 685 Yonkers, NY 10705 Fax #: 914-231-2849 Jan 10 - 760 [email protected] Feb 10 - 797 Mar 10 - 610 Apr 10 - 414 May 10 - 42 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 313 4,023

INDEXED PRICE/FIRM SUPPLY 5. Westchester Co. John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 9,364 100 E. 1st Street Fax #: 914-995-6146 Jan 10 - 7,163 Mt. Vernon, NY 10550 [email protected] Feb 10 - 3,132 Mar 10 - 0 Apr 10 - 0 May 10 - 0 Jun 10 - 0 Jul 10 - 146 Aug 10 - 3,708 Sept 10 - 8,172 Oct 10 - 1,510 33,195

INDEXED PRICE/FIRM SUPPLY 6. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 162 100 E. 1st Street Fax #: 914-995-6146 Jan 10 - 147 Mt. Vernon, NY 10550 [email protected] Feb 10 - 158 Mar 10 - 163 Apr 10 - 125 May 10 - 140 Jun 10 - 134 Jul 10 - 0 Aug 10 - 130 Sept 10 - 135 Oct 10 - 137 1,431

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 28 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 400 24 South 3rd Avenue Fax #: 914-995-6146 Jan 10 - 240 Mt. Vernon, NY 10550 [email protected] Feb 10 - 140 Mar 10 - 32 Apr 10 - 0 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 111 Oct 10 - 199 1,122

INDEXED PRICE/FIRM SUPPLY 8. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 778 24 South 3rd Avenue Fax #: 914-995-6146 Jan 10 - 614 Mt. Vernon, NY 10550 [email protected] Feb 10 - 324 Mar 10 - 35 Apr 10 - 7 May 10 - 7 Jun 10 - 7 Jul 10 - 0 Aug 10 - 14 Sept 10 - 238 Oct 10 - 526 2,550

INDEXED PRICE/FIRM SUPPLY 9. Westchester Co. Parks Bob Bates Nov 09 - 78 900 Saw Mill Road Tel. #: 914-723-4058 Dec 09 - 139 Ardsley, NY 10502 Fax #: 914-713-0364 Jan 10 - 159 [email protected] Feb 10 - 99 Mar 10 - 81 Apr 10 - 78 May 10 - 63 Jun 10 - 34 Jul 10 - 0 Aug 10 - 0 Sept 10 - 3 Oct 10 - 0 734

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. Westchester Co. Facility Al LePore Nov 09 - 312 New Rochelle Treatment Plant Tel. #: 914-813-5708 Dec 09 - 840 1 Le Fevre Lane Fax #: 914-813-5711 Jan 10 - 1,198 New Rochelle, NY 10801 [email protected] Feb 10 - 1,119 Mar 10 - 366 Apr 10 - 366 May 10 - 17 Jun 10 - 11 Jul 10 - 5 Aug 10 - 11 Sept 10 - 3 Oct 10 - 8 4,256

INDEXED PRICE/FIRM SUPPLY 11. Westchester Co. Parks Alison Beall Nov 09 - 11 Marshlands Tel. #: 914-835-4466 Dec 09 - 28 Boston Post Road, Rt. 1 [email protected] Jan 10 - 45 Rye, NY 10580 Feb 10 - 35 Mar 10 - 24 Apr 10 - 13 May 10 - 3 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 6 165

INDEXED PRICE/FIRM SUPPLY 12. Westchester Co. Parks Tom Neville Nov 09 - 104 Wilson Woods Park Tel. #: 914-813-6990 Dec 09 - 157 8 Bradford Road Fax #: 914-813-6992 Jan 10 - 233 Mt. Vernon, NY 10553 [email protected] Feb 10 - 207 Mar 10 - 157 Apr 10 - 101 May 10 - 44 Jun 10 - 25 Jul 10 - 10 Aug 10 - 9 Sept 10 - 16 Oct 10 - 64 1,127

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 13. Westchester Co. Parks Al Noll Nov 09 - 17 County Center Tel. #: 914-995-4050 Dec 09 - 26 198 Central Ave. Fax #: 914-995-4063 Jan 10 - 37 White Plains, NY 10606 [email protected] Feb 10 - 33 Mar 10 - 27 Apr 10 - 28 May 10 - 28 Jun 10 - 24 Jul 10 - 24 Aug 10 - 18 Sept 10 - 22 Oct 10 - 18 302

INDEXED PRICE/FIRM SUPPLY 14. Westchester Co. Parks Danniela Ciatto Nov 09 - 15 Carriage House Tel. #: 914-968-5851 Dec 09 - 35 19 Dudley St. Fax #: 914-966-3486 Jan 10 - 49 Yonkers, NY 10701 [email protected] Feb 10 - 44 Mar 10 - 29 Apr 10 - 20 May 10 - 7 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 6 205

INDEXED PRICE/FIRM SUPPLY 15. Westchester Co. Parks Danniela Ciatto Nov 09 - 6 Nature Center Tel. #: 914-968-5851 Dec 09 - 11 19 Dudley St. Fax #: 914-966-3486 Jan 10 - 16 Yonkers, NY 10701 [email protected] Feb 10 - 18 Mar 10 - 11 Apr 10 - 7 May 10 - 5 Jun 10 - 3 Jul 10 - 1 Aug 10 - 9 Sept 10 - 3 Oct 10 - 6 96

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 16. Westchester Co. Parks Mike Belmont Nov 09 - 14 Dunwoodie Golf Course Tel. #: 914-231-3495 Dec 09 - 40 Fox Terrace Fax #: 914-231-3492 Jan 10 - 60 Yonkers, NY 10701 [email protected] Feb 10 - 58 Mar 10 - 36 Apr 10 - 16 May 10 - 7 Jun 10 - 2 Jul 10 - 1 Aug 10 - 1 Sept 10 - 2 Oct 10 - 15 252

INDEXED PRICE/FIRM SUPPLY 17. Westchester Co. Parks Bob Bates Nov 09 - 30 Washington’s Headquarters Tel. #: 914-723-4058 Dec 09 - 62 140 Virginia Road Fax #: 914-713-0364 Jan 10 - 70 North White Plains, NY 10603 [email protected] Feb 10 - 80 Mar 10 - 60 Apr 10 - 14 May 10 - 2 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 1 Oct 10 - 0 319

INDEXED PRICE/FIRM SUPPLY 18. Westchester Co. Parks Sally Veltidi Nov 09 - 55 Saxon Woods (Bathhouse) Tel. #: 914-995-4480 Dec 09 - 26 1800 Mamaroneck Ave. Fax #: 914-995-6320 Jan 10 - 35 White Plains, NY 10605 [email protected] Feb 10 - 31 Mar 10 - 24 Apr 10 - 18 May 10 - 13 Jun 10 - 10 Jul 10 - 19 Aug 10 - 18 Sept 10 - 14 Oct 10 - 14 277

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 19. Westchester Co. Parks Sally Veltidi Nov 09 - 27 Saxon Woods (Filter Bldg.) Tel. #: 914-995-4480 Dec 09 - 64 1800 Mamaroneck Ave. Fax #: 914-995-6320 Jan 10 - 95 White Plains, NY 10605 [email protected] Feb 10 - 88 Mar 10 - 65 Apr 10 - 46 May 10 - 15 Jun 10 - 15 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 11 426

INDEXED PRICE/FIRM SUPPLY 20. Westchester Co. Parks Phil Simonetti Nov 09 - 20 Playland Amusement Park Tel. #: 914-864-7022 Dec 09 - 34 Service Building Fax #: 914-813-7055 Jan 10 - 30 Playland Parkway [email protected] Feb 10 - 25 Rye, NY 10580 Mar 10 - 17 Apr 10 - 8 May 10 - 4 Jun 10 - 2 Jul 10 - 0 Aug 10 - 1 Sept 10 - 1 Oct 10 - 12 154

INDEXED PRICE/FIRM SUPPLY 21. Westchester Co. Parks Phil Simonetti Nov 09 - 53 Playland Amusement Park Tel. #: 914-813-7022 Dec 09 - 126 Maintenance Building Fax #: 914-813-7055 Jan 10 - 218 Playland Parkway [email protected] Feb 10 - 189 Rye, NY 10580 Mar 10 - 122 Apr 10 - 88 May 10 - 27 Jun 10 - 3 Jul 10 - 2 Aug 10 - 2 Sept 10 - 2 Oct 10 - 17 849

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 22. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 12 100 E 1st Street Fax #: 914-995-6146 Jan 10 - 11 Mt. Vernon, NY 10550 [email protected] Feb 10 - 9 Mar 10 - 11 Apr 10 - 3 May 10 - 8 Jun 10 - 0 Jul 10 - 5 Aug 10 - 8 Sept 10 - 7 Oct 10 - 0 74

INDEXED PRICE/FIRM SUPPLY 23. Westchester Co. Facility Ed Pellegrino Nov 09 - 9 North Yonkers Pump Station Tel. #: 914-965-5233 Dec 09 - 74 19 Alexander Street Fax #: 914-965-2685 Jan 10 - 171 Yonkers, NY 10701 [email protected] Feb 10 - 141 Mar 10 - 91 Apr 10 - 43 May 10 - 2 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 1 Oct 10 - 17 549

INDEXED PRICE/FIRM SUPPLY 24. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 259 24 South 3rd Avenue Fax #: 914-995-6146 Jan 10 - 184 Mt. Vernon, NY 10550 [email protected] Feb 10 - 142 Mar 10 - 31 Apr 10 - 0 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 4 Sept 10 - 97 Oct 10 - 182 899

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 25. Westchester Co. Facility John Varmon Nov 09 - 0 Dept. of Public Works Tel. #: 914-995-2593 Dec 09 - 7 24 South 3rd Ave. Fax #: 914-995-6146 Jan 10 - 21 Mt. Vernon, NY 10550 [email protected] Feb 10 - 8 Mar 10 - 0 Apr 10 - 0 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 81 117

INDEXED PRICE/FIRM SUPPLY 26. Westchester Co. Facility Bryan Walsh Nov 09 - 20 Port Chester Treatment Plant Tel. #: 914-813-7270 Dec 09 - 47 73 Fox Island Road Fax #: 914-813-7274 Jan 10 - 73 Port Chester, NY 10573 [email protected] Feb 10 - 56 Mar 10 - 40 Apr 10 - 31 May 10 - 4 Jun 10 - 2 Jul 10 - 1 Aug 10 - 1 Sept 10 - 1 Oct 10 - 8 284

INDEXED PRICE/FIRM SUPPLY 27. Westchester Co. Facility Sgt. Michael O’Connor Nov 09 - 120 Firing Range Tel. #: 914-864-7670 Dec 09 - 225 2 Dana Road Fax #: 914-864-7637 Jan 10 - 87 Valhalla, NY 10595 [email protected] Feb 10 - 390 Mar 10 - 396 Apr 10 - 180 May 10 - 30 Jun 10 - 6 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 33 1,467

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 4

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 28. Westchester Co. Facility Sgt. Michael O’Connor Nov 09 - 15 Public Safety Garage Tel. #: 914-864-7670 Dec 09 - 33 1 Saw Mill River Rd. Fax #: 914-864-7637 Jan 10 - 48 Hawthorne, NY 10532 [email protected] Feb 10 - 39 Mar 10 - 39 Apr 10 - 21 May 10 - 9 Jun 10 - 3 Jul 10 - 0 Aug 10 - 0 Sept 10 - 3 Oct 10 - 12 222

INDEXED PRICE/FIRM SUPPLY 29. Westchester Co. Parks Alison Beall Nov 09 - 5 Marshlands Tel. #: 914-835-4466 Dec 09 - 12 Boston Post Road (Rt. 1) [email protected] Jan 10 - 19 Rye, NY 10580 Feb 10 - 15 Mar 10 - 10 Apr 10 - 5 May 10 - 13 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 24 103

INDEXED PRICE/FIRM SUPPLY 30. Westchester Co. Parks Sally Veltidi Nov 09 - 0 Saxon Woods Tel. #: 914-995-4480 Dec 09 - 0 1800 Mamaroneck Avenue Fax #: 914-995-6320 Jan 10 - 0 White Plains, NY 10605 [email protected] Feb 10 - 0 Mar 10 - 0 Apr 10 - 0 May 10 - 0 Jun 10 - 0 Jul 10 - 108 Aug 10 - 20 Sept 10 - 7 Oct 10 - 0 135

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 5

CON EDISON TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. DMNA-State Armory Orlando Pinnockwhite Nov 09 - 1,250 2366 5th Avenue Tel. #: 917-507-8700 Dec 09 - 1,800 New York, NY 10037-1028 Fax #: 917-507-8755 Jan 10 - 3,000 [email protected] Feb 10 - 2,100 Mar 10 - 1,600 Apr 10 - 250 May 10 - 50 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 350 10,400

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. Queensboro Correctional Fac. Arlene Bourne Nov 09 - 3,300 47-04 Van Dam Street Tel. #: 718-361-8920 Dec 09 - 3,400 Long Island City, NY 11101 Fax #: 718-361-8920 Ext. 3299 Jan 10 - 3,500 Feb 10 - 3,500 Mar 10 - 3,300 Apr 10 - 3,100 May 10 - 2,800 Jun 10 - 2,300 Jul 10 - 2,100 Aug 10 - 2,200 Sept 10 - 2,500 Oct 10 - 2,612 34,612

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Bedford Hills Correctional Fac. Al Mann Nov 09 - 13,760 247 Harris Road Tel. #: 914-241-3100 Dec 09 - 13,312 Bedford Hills, NY 10507 Fax #: 914-666-2442 Jan 10 - 4,316 Feb 10 - 7,305 Mar 10 - 20,590 Apr 10 - 12,335 May 10 - 6,373 Jun 10 - 4,928 Jul 10 - 4,739 Aug 10 - 4,785 Sept 10 - 5,532 Oct 10 - 11,913 109,888

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 5

CON EDISON TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 4. Westchester Co. DPW Gary Proft Nov 09 - 4,078 111 Martin Luther King Blvd. Tel. #: 914-231-1287 Dec 09 - 5,218 White Plains, NY 10601 Fax #: 914-231-1164 Jan 10 - 3,936 [email protected] Feb 10 - 5,210 Mar 10 - 4,506 Apr 10 - 3,552 May 10 - 1,970 Jun 10 - 2,056 Jul 10 - 1,081 Aug 10 - 1,094 Sept 10 - 950 Oct 10 - 3,104 36,755

INDEXED PRICE/INTERRUPTIBLE SUPPLY 5. Westchester Co. DPW Gary Proft Nov 09 - 44,913 Grassland Road Tel. #: 914-231-1287 Dec 09 - 43,999 Valhalla, NY 10595 Fax #: 914-231-1164 Jan 10 - 31,761 [email protected] Feb 10 - 48,299 Mar 10 - 43,266 Apr 10 - 35,766 May 10 - 26,494 Jun 10 - 27,823 Jul 10 - 31,287 Aug 10 - 27,779 Sept 10 - 26,943 Oct 10 - 34,746 423,076

INDEXED PRICE/INTERRUPTIBLE SUPPLY 6. Peekskill City School Katharina Cerreta Nov 09 - 579 (High School) Tel. #: 914-737-3300 ext. 345 Dec 09 - 772 1072 Elm Street Fax #: 914-739-6333 Jan 10 - 336 Peekskill, NY 10566 [email protected] Feb 10 - 728 Mar 10 - 557 Apr 10 - 291 May 10 - 0 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 4 Oct 10 - 126 3,393

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 6

KEYSPAN ENERGY TERRITORY (LONG ISLAND)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Melville Resident Engineer Nov 09 - 50 1400 Walt Whitman Road Tel. #: 631-420-4270 Dec 09 - 50 Melville, NY 11747 Fax #: 631-694-3844 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 2. NYS DOT Hicksville Resident Engineer Nov 09 - 30 2 Duffy Avenue Tel. #: 516-931-0209 Dec 09 - 30 Hicksville, NY 11801 Fax #: 516-745-1214 Jan 10 - 30 [email protected] Feb 10 - 30 Mar 10 - 30 Apr 10 - 30 May 10 - 30 Jun 10 - 30 Jul 10 - 30 Aug 10 - 30 Sept 10 - 30 Oct 10 - 30 360

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT North Merrick Resident Engineer Nov 09 - 80 1234 Meadowbrook Road Tel. #: 516-378-3552 Dec 09 - 80 North Merrick, NY 11566 Fax #: 516-223-1302 Jan 10 - 80 [email protected] Feb 10 - 80 Mar 10 - 80 Apr 10 - 80 May 10 - 80 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 80 960

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 6

KEYSPAN ENERGY TERRITORY (LONG ISLAND) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. NYS DOT Paul Goebeler Nov 09 - 350 Fleet Administration Tel. #: 631-231-6161 Dec 09 - 600 375 Carleton Avenue Fax #: 631-231-3142 Jan 10 - 900 Central Islip, NY 11722 [email protected] Feb 10 - 600 Mar 10 - 640 Apr 10 - 200 May 10 - 150 Jun 10 - 5 Jul 10 - 5 Aug 10 - 10 Sept 10 - 10 Oct 10 - 100 3,570

INDEXED PRICE/FIRM SUPPLY 5. DMNA-State Armory Frank McDermott Nov 09 - 150 100 East 5th Street Tel. #: 518-786-4552 Dec 09 - 400 Huntington Station, NY 11746-1900 Fax #: 518-786-4400 Jan 10 - 700 [email protected] Feb 10 - 550 Mar 10 - 450 Apr 10 - 350 May 10 - 150 Jun 10 - 40 Jul 10 - 30 Aug 10 - 15 Sept 10 - 50 Oct 10 - 100 2,985

INDEXED PRICE/FIRM SUPPLY 6. DMNA-State Armory Dennis McGlynn Nov 09 - 125 93-05 168th Street Tel. #: 518-739-0661 Dec 09 - 225 Jamaica, NY 11433 [email protected] Jan 10 - 250 Feb 10 - 225 Mar 10 - 175 Apr 10 - 125 May 10 - 100 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 10 1,275

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 6

KEYSPAN ENERGY TERRITORY (LONG ISLAND) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. DMNA State Armory Frank McDermott Nov 09 - 140 201 Shaefer Drive Tel. #: 631-471-0480 Dec 09 - 150 Ronkomka, NY 11779 Fax #: 631-471-0483 Jan 10 - 350 [email protected] Feb 10 - 520 Mar 10 - 400 Apr 10 - 350 May 10 - 100 Jun 10 - 50 Jul 10 - 0 Aug 10 - 0 Sept 10 - 140 Oct 10 - 120 2,320

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 7

KEYSPAN ENERGY TERRITORY (LONG ISLAND)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Pilgrim Psychiatric Center Robert Ryan Nov 09 - 15,300 998 Crooked Hill Road Tel. #: 631-761-3227 Dec 09 - 21,000 West Brentwood, NY 11717 Fax #: 631-761-3261 Jan 10 - 22,000 [email protected] Feb 10 - 21,000 Mar 10 - 19,200 Apr 10 - 13,000 May 10 - 8,600 Jun 10 - 7,000 Jul 10 - 7,000 Aug 10 - 7,000 Sept 10 - 7,000 Oct 10 - 11,000 159,100

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. Sagamore Children’s Psych. Center Barbara Daros Nov 09 - 850 197 Half Hollow Rd. Tel. #: 631-370-1737 Dec 09 - 1,600 Dix Hills, NY 11746 Fax #: 631-370-1740 Jan 10 - 1,700 [email protected] Feb 10 - 1,400 Mar 10 - 1,200 Apr 10 - 600 May 10 - 200 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 400 8,270

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Kings Park Psychiatric Center Robert Ryan Nov 09 - 700 East 3rd Street, Bldg. 1 Tel. #: 631-761-3227 Dec 09 - 800 Kings Park, NY 11754 Fax #: 631-761-3261 Jan 10 - 1,000 [email protected] Feb 10 - 700 Mar 10 - 600 Apr 10 - 400 May 10 - 200 Jun 10 - 180 Jul 10 - 130 Aug 10 - 120 Sept 10 - 120 Oct 10 - 230 5,180

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 8

KEYSPAN ENERGY TERRITORY (NEW YORK)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. OMRDD-Brooklyn DDSO William Dolch Nov 09 - 28 888 Fountain Avenue Tel. #: 718-642-6074 Dec 09 - 56 Brooklyn, NY 11208 Fax #: 718-348-4471 Jan 10 - 124 [email protected] Feb 10 - 17 Mar 10 - 49 Apr 10 - 103 May 10 - 57 Jun 10 - 87 Jul 10 - 74 Aug 10 - 313 Sept 10 - 51 Oct 10 - 111 1,070

FIXED PRICE/FIRM SUPPLY 2 OMRDD-Brooklyn DDSO William Dolch Nov 09 - 107 888 Fountain Avenue Tel. #: 718-642-6074 Dec 09 - 170 Brooklyn, NY 11208 Fax #: 718-348-4471 Jan 10 - 157 [email protected] Feb 10 - 128 Mar 10 - 137 Apr 10 - 144 May 10 - 148 Jun 10 - 236 Jul 10 - 495 Aug 10 - 452 Sept 10 - 442 Oct 10 - 186 2,802

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 9

KEYSPAN ENERGY TERRITORY (NEW YORK)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. DMNA-CSMS B Arthur Cherry Nov 09 - 220 60 Slosson Avenue Tel. #: 718-442-2162 Dec 09 - 450 Staten Island, NY 10314-2518 Fax #: 718-442-8607 Jan 10 - 550 [email protected] Feb 10 - 500 Mar 10 - 450 Apr 10 - 300 May 10 - 120 Jun 10 - 25 Jul 10 - 10 Aug 10 - 10 Sept 10 - 30 Oct 10 - 150 2,865

INDEXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Arthur Cherry Nov 09 - 450 321 Manor Road Tel. #: 518-786-4552 Dec 09 - 850 Staten Island, NY 10314-2407 Fax #: 518-786-4400 Jan 10 - 1,000 [email protected] Feb 10 - 900 Mar 10 - 850 Apr 10 - 500 May 10 - 200 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 150 Oct 10 - 300 5,320

INDEXED PRICE/FIRM SUPPLY 3. DMNA-OMS #14 Arthur Cherry Nov 09 - 90 321 Manor Road Tel. #: 518-786-4552 Dec 09 - 175 Staten Island, NY 10314-2407 Fax #: 518-786-4400 Jan 10 - 200 [email protected] Feb 10 - 175 Mar 10 - 150 Apr 10 - 120 May 10 - 75 Jun 10 - 30 Jul 10 - 20 Aug 10 - 20 Sept 10 - 20 Oct 10 - 75 1,150

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 9

KEYSPAN ENERGY TERRITORY (NEW YORK)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. DMNA-State Armory Raymond Carmody Nov 09 - 100 100 Seneca Street Tel. #: 607-257-0918 Dec 09 - 150 Hornell, NY 14843 Fax #: 607-257-4820 Jan 10 - 300 [email protected] Feb 10 - 250 Mar 10 - 250 Apr 10 - 50 May 10 - 20 Jun 10 - 4 Jul 10 - 2 Aug 10 - 2 Sept 10 - 2 Oct 10 - 20 1,150

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 10

KEYSPAN ENERGY (NEW YORK)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. DMNA-State Armory Michael Savage Nov 09 - 1,500 93-05 168th Street Tel. #: 518-786-4552 Dec 09 - 3,000 Jamaica, NY 11433-1234 Fax #: 518-786-4400 Jan 10 - 5,500 [email protected] Feb 10 - 4,400 Mar 10 - 4,500 Apr 10 - 1,500 May 10 - 200 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 100 Oct 10 - 300 21,000

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. DMNA-State Armory Michael Savage Nov 09 - 400 1579 Bedford Avenue Tel. #: 518-786-4552 Dec 09 - 600 Brooklyn, NY 11225-1306 Fax #: 518-786-4400 Jan 10 - 1,000 [email protected] Feb 10 - 900 Mar 10 - 1,000 Apr 10 - 600 May 10 - 100 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 100 4,700

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. DMNA-State Armory Michael Savage Nov 09 - 450 355 Marcy Avenue Tel. #: 518-786-4552 Dec 09 - 650 Brooklyn, NY 11206-4811 Fax #: 518-786-4400 Jan 10 - 750 [email protected] Feb 10 - 700 Mar 10 - 500 Apr 10 - 200 May 10 - 100 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 100 3,470

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 10

KEYSPAN ENERGY (NEW YORK) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 4. Brooklyn DDSO William Dolch Nov 09 - 3,586 (Plant Gas) Tel. #: 718-642-6072 Dec 09 - 5,089 888 Fountain Avenue Fax #: 718-348-4471 Jan 10 - 5,654 Brooklyn, NY 11208 [email protected] Feb 10 - 4,797 Mar 10 - 4,479 Apr 10 - 2,486 May 10 - 1,112 Jun 10 - 789 Jul 10 - 446 Aug 10 - 443 Sept 10 - 346 Oct 10 - 1,396 30,623

INDEXED PRICE/INTERRUPTIBLE SUPPLY 5. Arthur Kill Correctional Fac. Vladimir Royter Nov 09 - 550 2911 Arthur Kill Road Tel. #: 718-356-7333 Ext. 3950 Dec 09 - 650 Staten Island, NY 10309 Fax #: 718-356-7333 Ext. 3299 Jan 10 - 700 Feb 10 - 750 Mar 10 - 500 Apr 10 - 400 May 10 - 200 Jun 10 - 150 Jul 10 - 150 Aug 10 - 150 Sept 10 - 150 Oct 10 - 250 4,600

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 11

NATIONAL FUEL TERRITORY (CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. DMNA-Multi-Niagara Lt. Col. Patrick Roemer Nov 09 - 605 2665 Johnson Street Tel. #: 716-236-2400 Dec 09 - 952 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 972 [email protected] Feb 10 - 747 Mar 10 - 583 Apr 10 - 459 May 10 - 195 Jun 10 - 61 Jul 10 - 42 Aug 10 - 12 Sept 10 - 21 Oct 10 - 284 4,933

FIXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Michael Donavan Nov 09 - 40 83 Main Street Tel. #: 716-888-5601 Dec 09 - 100 Dunkirk, NY 14048-3555 Fax #: 716-888-5607 Jan 10 - 200 [email protected] Feb 10 - 150 Mar 10 - 150 Apr 10 - 75 May 10 - 5 Jun 10 - 2 Jul 10 - 2 Aug 10 - 2 Sept 10 - 20 Oct 10 - 40 786

FIXED PRICE/FIRM SUPPLY 3. DMNA-Niagara Falls Lt. Col. Patrick Roemer Nov 09 - 10 2565 Avfuels Circle Tel. #: 716-236-2400 Dec 09 - 18 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 19 [email protected] Feb 10 - 16 Mar 10 - 19 Apr 10 - 8 May 10 - 6 Jun 10 - 3 Jul 10 - 2 Aug 10 - 1 Sept 10 - 1 Oct 10 - 4 107

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 11

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 4. DMNA Lt. Col. Patrick Roemer Nov 09 - 56 10190 Blewett Avenue Tel. #: 716-236-2400 Dec 09 - 117 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 109 [email protected] Feb 10 - 65 Mar 10 - 45 Apr 10 - 29 May 10 - 8 Jun 10 - 6 Jul 10 - 3 Aug 10 - 1 Sept 10 - 5 Oct 10 - 5 449

FIXED PRICE/FIRM SUPPLY 5. DMNA Lt. Col. Patrick Roemer Nov 09 - 35 10105 Blewett Avenue Tel. #: 716-236-2400 Dec 09 - 69 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 78 [email protected] Feb 10 - 60 Mar 10 - 40 Apr 10 - 30 May 10 - 8 Jun 10 - 5 Jul 10 - 3 Aug 10 - 2 Sept 10 - 2 Oct 10 - 18 350

FIXED PRICE/FIRM SUPPLY 6. DMNA Lt. Col. Patrick Roemer Nov 09 - 125 10055 Blewett Avenue Tel. #: 716-236-2400 Dec 09 - 239 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 250 [email protected] Feb 10 - 175 Mar 10 - 107 Apr 10 - 78 May 10 - 44 Jun 10 - 18 Jul 10 - 6 Aug 10 - 4 Sept 10 - 12 Oct 10 - 30 1,088

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 11

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 7. DMNA Lt. Col. Patrick Roemer Nov 09 - 48 10031 Kirsch Drive Tel. #: 716-236-2400 Dec 09 - 276 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 305 [email protected] Feb 10 - 260 Mar 10 - 183 Apr 10 - 127 May 10 - 40 Jun 10 - 10 Jul 10 - 6 Aug 10 - 5 Sept 10 - 5 Oct 10 - 50 1,315

FIXED PRICE/FIRM SUPPLY 8. DMNA Lt. Col. Patrick Roemer Nov 09 - 161 9910 Blewett Avenue Tel. #: 716-236-2400 Dec 09 - 200 Niagara Falls, NY 14304-6065 Fax #: 716-236-2409 Jan 10 - 228 [email protected] Feb 10 - 154 Mar 10 - 125 Apr 10 - 82 May 10 - 60 Jun 10 - 19 Jul 10 - 3 Aug 10 - 2 Sept 10 - 2 Oct 10 - 69 1,105

FIXED PRICE/FIRM SUPPLY 9. DMNA Dixie Bryant Nov 09 - 75 184 Connecticutt Street Tel. #: 716-888-5700 Dec 09 - 150 Buffalo, NY 14213-2433 Fax #: 716-888-5701 Jan 10 - 200 [email protected] Feb 10 - 175 Mar 10 - 175 Apr 10 - 125 May 10 - 40 Jun 10 - 2 Jul 10 - 2 Aug 10 - 2 Sept 10 - 2 Oct 10 - 50 998

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Resident Engineer Nov 09 - 170 7100 Co. Rt. 70A Tel. #: 607-324-6010 Dec 09 - 170 Hornell, NY 14843 Fax #: 607-324-6541 Jan 10 - 170 Feb 10 - 170 Mar 10 - 170 Apr 10 - 170 May 10 - 170 Jun 10 - 170 Jul 10 - 170 Aug 10 - 170 Sept 10 - 170 Oct 10 - 170 2,040

INDEXED PRICE/FIRM SUPPLY 2. NYS DOT Resident Engineer Nov 09 - 110 Indian Rd. & Broadway Tel. #: 716-683-5264 Dec 09 - 110 Depew, NY 14043 Fax #: 716-683-7392 Jan 10 - 110 [email protected] Feb 10 - 110 Mar 10 - 110 Apr 10 - 110 May 10 - 110 Jun 10 - 110 Jul 10 - 110 Aug 10 - 110 Sept 10 - 110 Oct 10 - 110 1,320

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Equip. Shop Jeff Kral Nov 09 - 60 4717 Southwestern Blvd. Tel. #: 716-683-5264 Dec 09 - 60 Hamburg, NY 14075 Fax #: 716-683-7392 Jan 10 - 60 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. DMNA-State Armory Michael Donovan Nov 09 - 150 34 Porter Avenue Tel. #: 716-888-5601 Dec 09 - 500 Jamestown, NY 14701-6222 Fax #: 716-888-5607 Jan 10 - 850 [email protected] Feb 10 - 800 Mar 10 - 850 Apr 10 - 500 May 10 - 350 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 100 4,260

INDEXED PRICE/FIRM SUPPLY 5. NYS DOT Resident Engineer Nov 09 - 70 (Hamburg Headquarters) Tel. #: 716-649-2157 Dec 09 - 70 3754 Lakeview Road Fax #: 716-649-2351 Jan 10 - 70 Hamburg, NY 14075 [email protected] Feb 10 - 70 Mar 10 - 70 Apr 10 - 70 May 10 - 70 Jun 10 - 70 Jul 10 - 70 Aug 10 - 70 Sept 10 - 70 Oct 10 - 70 840

INDEXED PRICE/FIRM SUPPLY 6. NYS DOT Resident Engineer Nov 09 - 250 4717 Southwestern Blvd. Tel. #: 716-649-5568 Dec 09 - 400 Hamburg, NY 14075 Fax #: 716-648-2184 Jan 10 - 590 [email protected] Feb 10 - 635 Mar 10 - 500 Apr 10 - 275 May 10 - 125 Jun 10 - 100 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 120 3,025

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. NYS DOT Resident Engineer Nov 09 - 30 109 E. Chautauqua Street Tel. #: 716-753-2821 Dec 09 - 30 Mayville, NY 14757 Fax #: 716-753-2825 Jan 10 - 30 [email protected] Feb 10 - 30 Mar 10 - 30 Apr 10 - 30 May 10 - 30 Jun 10 - 30 Jul 10 - 30 Aug 10 - 30 Sept 10 - 30 Oct 10 - 30 360

INDEXED PRICE/FIRM SUPPLY 8. NYS DOT Robert Near Nov 09 - 50 100 Seneca Street Tel. #: 518-457-2875 Dec 09 - 50 Buffalo, NY 14203 Fax #: 518-457-0413 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 9. NYS DOT Resident Engineer Nov 09 - 90 South Branch Street Tel. #: 585-973-2171 Dec 09 - 90 Friendship, NY 14739 Fax #: 585-973-2493 Jan 10 - 90 [email protected] Feb 10 - 90 Mar 10 - 90 Apr 10 - 90 May 10 - 90 Jun 10 - 90 Jul 10 - 90 Aug 10 - 90 Sept 10 - 90 Oct 10 - 90 1,080

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. NYS DOT Robert Near Nov 09 - 50 4474 Rt. 353 Tel. #: 716-945-4562 Dec 09 - 50 Salamanca, NY 14779 Fax #: 716-945-2620 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 11. NYS DOT Gary Rice Nov 09 - 300 7000 County Rte 70A Tel. #: 607-324-4230 Dec 09 - 550 Hornell, NY 14843 Fax #: 607-324-1446 Jan 10 - 600 Feb 10 - 460 Mar 10 - 100 Apr 10 - 170 May 10 - 120 Jun 10 - 20 Jul 10 - 5 Aug 10 - 10 Sept 10 - 10 Oct 10 - 200 2,545

INDEXED PRICE/FIRM SUPPLY 12. Wyoming Correctional Mike Hickey Nov 09 - 190 3203 Dunbar Road Tel. #: 585-591-1010 Ext. 3960 Dec 09 - 250 Attica, NY 14011 Fax #: 585-591-1010 Ext. 3995 Jan 10 - 300 (Farm) Feb 10 - 275 Mar 10 - 275 Apr 10 - 225 May 10 - 100 Jun 10 - 75 Jul 10 - 50 Aug 10 - 50 Sept 10 - 100 Oct 10 - 175 2,065

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 13. OGS Hornell Randy Jackson Nov 09 - 108 107 Broodway Mall Tel. #: 607-324-8360 Dec 09 - 290 Hornell, NY 14843 Fax #: 607-324-8560 Jan 10 - 374 [email protected] Feb 10 - 370 Mar 10 - 292 Apr 10 - 192 May 10 - 81 Jun 10 - 32 Jul 10 - 4 Aug 10 - 3 Sept 10 - 10 Oct 10 - 55 1,811

INDEXED PRICE/FIRM SUPPLY 14. OGS Buffalo Daniel Glowacki Nov 09 - 543 65 Court Street Tel. #: 716/847-3403 Dec 09 - 757 Buffalo, NY 14201 Fax #: 716-847-3133 Jan 10 - 973 Feb 10 - 736 Mar 10 - 468 Apr 10 - 318 May 10 - 114 Jun 10 - 9 Jul 10 - 7 Aug 10 - 7 Sept 10 - 64 Oct 10 - 317 4,313

INDEXED PRICE/FIRM SUPPLY 15. Gowanda Correctional Facility Robert Backus Nov 09 - 20 South Road Tel. #: 716-532-0177 Ext. 3950 Dec 09 - 52 Gowanda, NY 14070 Fax #: 716-532-0177 Ext. 2099 Jan 10 - 50 [email protected] Feb 10 - 40 Mar 10 - 85 Apr 10 - 20 May 10 - 5 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 25 317

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 12

NATIONAL FUEL TERRITORY (CAPACITY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 16. Gowanda Correctional Facility Robert Backus Nov 09 - 270 South Road Tel. #: 716-532-0177 Ext. 3950 Dec 09 - 500 Gowanda, NY 14070 Fax #: 716-532-0177 Ext. 2099 Jan 10 - 550 [email protected] Feb 10 - 400 Mar 10 - 350 Apr 10 - 250 May 10 - 150 Jun 10 - 80 Jul 10 - 100 Aug 10 - 75 Sept 10 - 140 Oct 10 - 250 3,115

INDEXED PRICE/FIRM SUPPLY 17. Gowanda Correctional Facility Robert Backus Nov 09 - 400 South Road Tel. #: 716-532-0177 Ext. 3950 Dec 09 - 600 Gowanda, NY 14070 Fax #: 716-532-0177 Ext. 2099 Jan 10 - 950 [email protected] Feb 10 - 450 Mar 10 - 400 Apr 10 - 250 May 10 - 30 Jun 10 - 25 Jul 10 - 25 Aug 10 - 25 Sept 10 - 40 Oct 10 - 250 3,445

INDEXED PRICE/FIRM SUPPLY 18. Gowanda Correctional Facility Robert Backus Nov 09 - 135 South Road Tel. #: 716-532-0177 Ext. 3950 Dec 09 - 240 Gowanda, NY 14070 Fax #: 716-532-0177 Ext. 2099 Jan 10 - 280 [email protected] Feb 10 - 180 Mar 10 - 150 Apr 10 - 100 May 10 - 25 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 30 Oct 10 - 100 1,270

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 13

NATIONAL FUEL TERRITORY (NON CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. Wyoming Correctional Fac. Mike Hickey Nov 09 - 29,000 3203 Dunbar Road Tel. #: 585-591-1010 Ext. 3960 Dec 09 - 37,250 Attica, NY 14011 Fax #: 585-591-1010 Ext. 3995 Jan 10 - 42,750 (Heating Plant) Feb 10 - 38,000 Mar 10 - 36,000 Apr 10 - 25,000 May 10 - 13,500 Jun 10 - 7,100 Jul 10 - 6,600 Aug 10 - 7,100 Sept 10 - 4,800 Oct 10 - 23,000 270,100

INDEXED PRICE/FIRM SUPPLY 2. Western NY DDSO Laura Royce Nov 09 - 4,518 1200 East & West Road Tel. #: 716-532-5522 Ext. 2319 Dec 09 - 8,258 West Seneca, NY 14224 Fax #: 716-532-6197 Jan 19 - 6,610 [email protected] Feb 10 - 6,454 Mar 10 - 5,653 Apr 10 - 3,644 May 10 - 1,495 Jun 10 - 731 Jul 10 - 409 Aug 10 - 253 Sept 10 - 459 Oct 10 - 2,798 41,282

INDEXED PRICE/FIRM SUPPLY 3. Erie Co. Water Authority Russ Bradley Nov 09 - 575 722 Sturgeon Point Road Tel. #: 716-685-8343 Dec 09 - 1,330 Derby, NY 14047 Fax #: 716-685-8359 Jan 10 - 1,215 [email protected] Feb 10 - 1,455 Mar 10 - 1,253 Apr 10 - 813 May 10 - 288 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 35 Oct 10 - 50 7,254

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 13

NATIONAL FUEL TERRITORY (NON CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. Erie Co. Water Authority Frank Peluso Nov 09 - 445 3750 River Road Tel. #: 716-685-8324 Dec 09 - 1,365 Tonawanda, NY 14150 Fax #: 716-685-8339 Jan 10 - 1,400 [email protected] Feb 10 - 1,633 Mar 10 - 1,226 Apr 10 - 715 May 10 - 170 Jun 10 - 20 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 100 7,104

INDEXED PRICE/FIRM SUPPLY 5. Erie Co. Water Authority Paul Riester Nov 09 - 679 3030 Union Road Tel. #: 716-684-1510 Dec 09 - 925 Cheektowaga, NY 14227 Fax #: 716-684-3937 Jan 10 - 1,020 [email protected] Feb 10 - 1,125 Mar 10 - 800 Apr 10 - 500 May 10 - 128 Jun 10 - 50 Jul 10 - 20 Aug 10 - 15 Sept 10 - 30 Oct 10 - 100 5,392

INDEXED PRICE/FIRM SUPPLY 6. DMNA State Armory Dixie Bryant Nov 09 - 750 184 Connecticut Street Tel. #: 716-888-5700 Dec 09 - 1,000 Buffalo, NY 14213 Fax #: 716-888-5701 Jan 10 - 1,500 [email protected] Feb 10 - 1,300 Mar 10 - 1,400 Apr 10 - 1,100 May 10 - 40 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 400 7,650

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 13

NATIONAL FUEL TERRITORY (NON CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. DMNA State Armory Michael Donovan Nov 09 - 600 27 Masten Avenue Tel. #: 716-888-5601 Dec 09 - 1,400 Buffalo, NY 14204 Fax #: 716-888-5607 Jan 10 - 2,000 Feb 10 - 1,800 Mar 10 - 2,000 Apr 10 - 1,600 May 10 - 700 Jun 10 - 75 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 200 10,495

INDEXED PRICE/FIRM SUPPLY 8. City of Dunkirk David Manzella Nov 09 - 570 Wright Park Drive Tel. #: 716-366-3611 Dec 09 - 750 Dunkirk, NY 14048 Fax #: 716-366-0143 Jan 10 - 1,150 Feb 10 - 880 Mar 10 - 650 Apr 10 - 425 May 10 - 215 Jun 10 - 50 Jul 10 - 20 Aug 10 - 40 Sept 10 - 100 Oct 10 - 370 5,220

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 14

NATIONAL FUEL TERRITORY (NON CAPACITY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. OMH Buffalo Psy. Ctr. Barry Capell Nov 09 - 4,500 400 Forest Avenue Tel. #: 716-816-2503 Dec 09 - 5,600 Buffalo, NY 14213-1298 Fax #: 716-816-2544 Jan 10 - 6,000 [email protected] Feb 10 - 6,000 Mar 10 - 5,000 Apr 10 - 4,000 May 10 - 3,300 Jun 10 - 2,600 Jul 10 - 2,500 Aug 10 - 2,500 Sept 10 - 2,600 Oct 10 - 3,600 48,200

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. Collins Correctional Fac. Brian Bobseine Nov 09 - 22,671 South Road Tel. #: 716-532-4588 Ext. 3950 Dec 09 - 28,979 Collins, NY 14034 Fax #: 716-532-4588 Ext. 3999 Jan 10 - 31,083 Feb 10 - 30,121 Mar 10 - 27,932 Apr 10 - 19,274 May 10 - 11,563 Jun 10 - 6,627 Jul 10 - 4,039 Aug 10 - 6,012 Sept 10 - 6,482 Oct 10 - 15,507 210,290

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Lakeview Correctional Fac. Dennis Colt Nov 09 - 5,000 9300 Lake Avenue Tel. #: 716-792-7100 Dec 09 - 6,000 Brocton, NY 14716 Fax #: 716-792-7100 Ext. 3999 Jan 10 - 7,000 Feb 10 - 7,000 Mar 10 - 7,000 Apr 10 - 4,000 May 10 - 3,000 Jun 10 - 2,000 Jul 10 - 1,000 Aug 10 - 1,000 Sept 10 - 1,000 Oct 10 - 4,000 48,000

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 15

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. Southport Correctional Fac. Carolyn O’Donal Nov 09 - 5,013 236 Bob Masia Drive Tel. #: 607-737-0850 Dec 09 - 6,701 Pine City, NY 14871 Fax #: 607-737-0850 Ext. 2099 Jan 10 - 7,851 Feb 10 - 7,044 Mar 10 - 6,286 Apr 10 - 3,790 May 10 - 2,251 Jun 10 - 1,297 Jul 10 - 1,134 Aug 10 - 1,082 Sept 10 - 1,204 Oct 10 - 3,350 47,003

FIXED PRICE/FIRM SUPPLY 2. Auburn Correctional Facility Byron Schlenker Nov 09 - 107 135 State Street Tel. #: 315-253-8401 Ext. 3960 Dec 09 - 177 Auburn, NY 13024 Fax #: 315-252-1915 Jan 10 - 171 Feb 10 - 171 Mar 10 - 198 Apr 10 - 154 May 10 - 110 Jun 10 - 156 Jul 10 - 134 Aug 10 - 117 Sept 10 - 206 Oct 10 - 143 1,844

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 16

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. DMNA-State Armory Richard Baumann Nov 09 - 100 55 South Street Tel. #: 315-793-5200 Dec 09 - 150 Walton, NY 13856-1438 Fax #: 315-793-5201 Jan 10 - 250 [email protected] Feb 10 - 240 Mar 10 - 250 Apr 10 - 200 May 10 - 75 Jun 10 - 7 Jul 10 - 7 Aug 10 - 7 Sept 10 - 7 Oct 10 - 20 1,313

FIXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Michael Donovan Nov 09 - 200 119 Times Square Tel. #: 716-372-6464 Dec 09 - 350 Olean, NY 14760-2737 Fax #: 518-786-4400 Jan 10 - 400 [email protected] Feb 10 - 375 Mar 10 - 250 Apr 10 - 150 May 10 - 50 Jun 10 - 30 Jul 10 - 10 Aug 10 - 10 Sept 10 - 30 Oct 10 - 40 1,895

FIXED PRICE/FIRM SUPPLY 3. DMNA-State Armory Raymond Carmody Nov 08 - 120 1765 Hanshaw Road Tel. #: 607-257-0918 Dec 08 - 200 Ithaca, NY 14850-9105 Fax #: 607-257-4820 Jan 10 - 220 [email protected] Feb 10 - 220 Mar 10 - 220 Apr 10 - 200 May 10 - 30 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 20 1,270

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 17

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. Albion Correctional Fac. Kevin Bush Nov 09 - 251 3595 State School Road Tel. #: 585-589-5511 Dec 09 - 288 Albion, NY 14411 Fax #: 585-589-5225 Jan 10 - 291 (West State St. Service) Feb 10 - 224 Mar 10 - 160 Apr 10 - 85 May 10 - 44 Jun 10 - 40 Jul 10 - 34 Aug 10 - 34 Sept 10 - 40 Oct 10 - 190 1,681

FIXED PRICE/FIRM SUPPLY 2. Albion Correctional Fac. Kevin Bush Nov 09 - 29 3595 State School Road Tel. #: 585-589-5511 Dec 09 - 37 Albion, NY 14411 Fax #: 585-589-5225 Jan 10 - 44 (QWL Bldg. #40) Feb 10 - 43 Mar 10 - 32 Apr 10 - 18 May 10 - 9 Jun 10 - 4 Jul 10 - 2 Aug 10 - 2 Sept 10 - 2 Oct 10 - 11 233

FIXED PRICE/FIRM SUPPLY 3. Albion Correctional Fac. Kevin Bush Nov 09 - 119 3595 State School Road Tel. #: 585-589-5511 Dec 09 - 164 Albion, NY 14411 Fax #: 585-589-5225 Jan 10 - 184 (Warehouse Bldg. #41) Feb 10 - 178 Mar 10 - 116 Apr 10 - 52 May 10 - 21 Jun 10 - 1 Jul 10 - 1 Aug 10 - 2 Sept 10 - 6 Oct 10 - 48 892

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 18

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. Albion Correctional Fac. Kevin Bush Nov 09 - 3,000 3595 State School Road Tel. #: 585-589-5511 Dec 09 - 3,600 Albion, NY 14411 Fax #: 585-589-5225 Jan 10 - 4,000 (Annex Bldgs.) Feb 10 - 3,900 Mar 10 - 3,600 Apr 10 - 2,800 May 10 - 1,600 Jun 10 - 750 Jul 10 - 600 Aug 10 - 600 Sept 10 - 750 Oct 10 - 1,900 27,100

INDEXED PRICE/FIRM SUPPLY 2. Orleans Correctional Fac. R. H. MacCallum Nov 09 - 507 3531 Gaines Basin Road Tel. #: 585-589-6820 Dec 09 - 1,136 Albion, NY 14411 Fax #: 585-589-6820 Ext. 3999 Jan 10 - 1,270 Feb 10 - 917 Mar 10 - 833 Apr 10 - 577 May 10 - 264 Jun 10 - 118 Jul 10 - 76 Aug 10 - 60 Sept 10 - 125 Oct 10 - 399 6,282

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 19

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS OGS Homer Folks Fac. Kevin R. Welch Nov 09 - 73 28 Hill Street, Suite 327 Tel. #: 607-432-5170 Dec 09 - 132 Oneonta, NY 13820 Fax #: 607-432-0718 Jan 10 - 177 [email protected] Feb 10 - 133 Mar 10 - 93 Apr 10 - 58 May 10 - 13 Jun 10 - 1 Jul 10 - 0 Aug 10 - 0 Sept 10 - 1 Oct 10 - 35 716

INDEXED PRICE/FIRM SUPPLY 2. NYS OGS Homer Folks Fac. Kevin R. Welch Nov 09 - 270 28 Hill Street, Suite 327 Tel. #: 607-432-5170 Dec 09 - 377 Oneonta, NY 13820 Fax #: 607-432-0718 Jan 10 - 391 (Bldg. #7) [email protected] Feb 10 - 362 Mar 10 - 297 Apr 10 - 225 May 10 - 110 Jun 10 - 3 Jul 10 - 0 Aug 10 - 0 Sept 10 - 9 Oct 10 - 171 2,215

INDEXED PRICE/FIRM SUPPLY 3. DMNA-State Armory Robert Musico Nov 09 - 300 174 South Street Tel. #: 518-598-2901 Dec 09 - 450 Auburn, NY 13021-5312 Fax #: 518-438-3015 Jan 10 - 525 [email protected] Feb 10 - 650 Mar 10 - 500 Apr 10 - 250 May 10 - 60 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 60 2,815

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 19

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. J. M. Murray Center, Inc. Tedd Couchman Nov 09 - 150 4057 West Road Tel. #: 607-756-9913 Ext. 1313 Dec 09 - 400 Cortland, NY 13045 Fax #: 607-753-6954 Jan 10 - 550 [email protected] Feb 10 - 550 Mar 10 - 500 Apr 10 - 400 May 10 - 200 Jun 10 - 100 Jul 10 - 10 Aug 10 - 10 Sept 10 - 40 Oct 10 - 50 2,960

INDEXED PRICE/FIRM SUPPLY 5. Cayuga Correctional Fac. Pamela Quill Nov 09 - 99 2202 State Rt. 38A Tel. #: 315-497-1110 Dec 09 - 99 Moravia, NY 13118 Fax #: 315-497-1110 Ext. 3299 Jan 10 - 99 [email protected] Feb 10 - 99 Mar 10 - 99 Apr 10 - 99 May 10 - 99 Jun 10 - 99 Jul 10 - 99 Aug 10 - 99 Sept 10 - 99 Oct 10 - 99 1,188

INDEXED PRICE/FIRM SUPPLY 6. NYS DOT Polkville Highway Maint. Supervisor Nov 08 - 140 3668 Rte. 281 Tel. #: 607-753-1669 Dec 08 - 140 Polkville, NY 13045 Fax #: 607-753-1813 Jan 09 - 140 Feb 09 - 140 Mar 09 - 140 Apr 09 - 140 May 09 - 140 Jun 09 - 140 Jul 09 - 140 Aug 09 - 140 Sept 09 - 140 Oct 09 - 140 1,680

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 19

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. NYS DOT Resident Engineer Nov 09 - 30 Eaton Road Tel. #: 315-684-3671 Dec 09 - 30 Morrisville, NY 13408 Fax #: 518-457-0413 Jan 10 - 30 [email protected] Feb 10 - 30 Mar 10 - 30 Apr 10 - 30 May 10 - 30 Jun 10 - 30 Jul 10 - 30 Aug 10 - 30 Sept 10 - 30 Oct 10 - 30 360

INDEXED PRICE/FIRM SUPPLY 8. NYS DOT Resident Engineer Nov 09 - 110 4359 Route 7 Tel. #: 607-432-5810 Dec 09 - 110 Oneonta, NY 13820 Fax #: 607-433-1565 Jan 10 - 110 [email protected] Feb 10 - 110 Mar 10 - 110 Apr 10 - 110 May 10 - 110 Jun 10 - 110 Jul 10 - 110 Aug 10 - 110 Sept 10 - 110 Oct 10 - 110 1,320

INDEXED PRICE/FIRM SUPPLY 9. NYS DOT Resident Engineer Nov 09 - 30 151 Dunning Avenue Tel. #: 315-539-3112 Dec 09 - 30 Auburn, NY 13021 Fax #: 315-539-9328 Jan 10 - 30 [email protected] Feb 10 - 30 Mar 10 - 30 Apr 10 - 30 May 10 - 30 Jun 10 - 30 Jul 10 - 30 Aug 10 - 30 Sept 10 - 30 Oct 10 - 30 360

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 19

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. NYS DOT Resident Engineer Nov 09 - 40 4480 Route 12 Tel. #: 607-843-6884 Dec 09 - 40 Oxford, NY 13830 Fax #: 607-843-6451 Jan 10 - 40 [email protected] Feb 10 - 40 Mar 10 - 40 Apr 10 - 40 May 10 - 40 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 40 480

INDEXED PRICE/FIRM SUPPLY 11. NYS DOT Resident Engineer Nov 09 - 40 125 Parish Street Tel. #: 585-396-4955 Dec 09 - 40 Canandaigua, NY 14424 Fax #: 585-394-6397 Jan 10 - 40 [email protected] Feb 10 - 40 Mar 10 - 40 Apr 10 - 40 May 10 - 40 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 40 480

INDEXED PRICE/FIRM SUPPLY 12. NYS DOT Resident Engineer Nov 09 - 50 151 Dunning Avenue Tel. #: 315-539-3112 Dec 09 - 50 Auburn, NY 13021 Fax #: 315-539-9328 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 19

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 13. NYS DOT Highway Maint. Supervisor Nov 09 - 90 730A Chemung Street Tel. #: 607-739-6954 Dec 09 - 90 Horseheads, NY 14845 Fax #: 518-457-0413 Jan 10 - 90 [email protected] Feb 10 - 90 Mar 10 - 90 Apr 10 - 90 May 10 - 90 Jun 10 - 90 Jul 10 - 90 Aug 10 - 90 Sept 10 - 90 Oct 10 - 90 1,080

14. J. M. Murray Center, Inc. Tedd Couchman Nov 09 - 300 823 NYS Route 13 Tel. #: 607-756-9913 Ext. 1313 Dec 09 - 500 Cortland, NY 13045 Fax #: 607-753-6954 Jan 10 - 800 [email protected] Feb 10 - 800 Mar 10 - 800 Apr 10 - 600 May 10 - 350 Jun 10 - 120 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 75 4,495

15. Elmira Psych. Center Daniel Talada Nov 09 - 2,800 100 Washington Street Tel. #: 607-737-4901 Dec 09 - 3,700 Elmira, NY 14901 Fax #: 607-737-4847 Jan 10 - 4,000 [email protected] Feb 10 - 3,400 Mar 10 - 3,100 Apr 10 - 1,800 May 10 - 1,000 Jun 10 - 720 Jul 10 - 720 Aug 10 - 720 Sept 10 - 800 Oct 10 - 2,000 24,760

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 20

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS OGS Michael Najarian Nov 09 - 771 Binghamton SOB Tel. #: 607-721-8700 Dec 09 - 1883 44 Hawley Street Fax #: 607-721-8705 Jan 10 - 1693 Binghamton, NY 13901 [email protected] Feb 10 - 1151 Mar 10 - 564 Apr 10 - 427 May 10 - 57 Jun 10 - 35 Jul 10 - 34 Aug 10 - 32 Sept 10 - 156 Oct 10 - 560 7363

INDEXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Raymond Carmody Nov 09 - 500 85 West End Avenue Tel. #: 607-257-0918 Dec 09 - 625 Binghamton, NY 13905-3899 Fax #: 607-257-4820 Jan 10 - 850 [email protected] Feb 10 - 875 Mar 10 - 800 Apr 10 - 450 May 10 - 75 Jun 10 - 20 Jul 10 - 20 Aug 10 - 20 Sept 10 - 20 Oct 10 - 70 4,325

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Resident Engineer Nov 09 - 60 Sand Creek Road Tel. #: 607-637-3451 Dec 09 - 60 Hancock, NY 13783 Fax #: 607-637-3455 Jan 10 - 60 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 20

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. NYS DOT Resident Engineer Nov 09 - 80 1497 State Rt. 96 Tel. #: 607-687-3730 Dec 09 - 80 P.O. Box 358 Fax #: 607-687-4580 Jan 10 - 80 Owego, NY 13827 [email protected] Feb 10 - 80 Mar 10 - 80 Apr 10 - 80 May 10 - 80 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 80 960

INDEXED PRICE/FIRM SUPPLY 5. NYS DOT Ben Gardiner Nov 09 - 640 241 Colesville Road Tel. #: 607-775-6053 Dec 09 - 1,130 Binghamton, NY 13904 Fax #: 607-775-6052 Jan 10 - 1,280 [email protected] Feb 10 - 1,000 Mar 10 - 880 Apr 10 - 454 May 10 - 140 Jun 10 - 30 Jul 10 - 25 Aug 10 - 31 Sept 10 - 100 Oct 10 - 455 6,165

INDEXED PRICE/FIRM SUPPLY 6. NYS OMRDD Bill Monroe Nov 09 - 436 276 Chiarino Drive Tel. #: 607-337-7009 Dec 09 - 586 Norwich, NY 13815 Fax #: 607-337-7093 Jan 10 - 774 [email protected] Feb 10 - 593 Mar 10 - 452 Apr 10 - 361 May 10 - 254 Jun 10 - 218 Jul 10 - 228 Aug 10 - 179 Sept 10 - 216 Oct 10 - 277 4,574

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 21

NEW YORK STATE ELECTRIC & GAS TERRITORY (MONTHLY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Resident Engineer Nov 09 - 70 Mineral Springs Road Tel. #: 518-234-3411 Dec 09 - 70 Cobleskill, NY 12043 Fax #: 518-234-7179 Jan 10 - 70 [email protected] Feb 10 - 70 Mar 10 - 70 Apr 10 - 70 May 10 - 70 Jun 10 - 70 Jul 10 - 70 Aug 10 - 70 Sept 10 - 70 Oct 10 - 70 840

INDEXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Dixie Bryant Nov 09 - 250 158 Willow Street Tel. #: 716-888-5700 Dec 09 - 400 Lockport, NY 14094-4838 Fax #: 716-888-5701 Jan 10 - 600 [email protected] Feb 10 - 600 Mar 10 - 550 Apr 10 - 425 May 10 - 200 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 40 3,085

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Resident Engineer Nov 09 - 70 5055 Lockport Junction Rd. Tel. #: 716-438-2396 Dec 09 - 70 Lockport, NY 14094 Fax #: 716-438-2490 Jan 10 - 70 [email protected] Feb 10 - 70 Mar 10 - 70 Apr 10 - 70 May 10 - 70 Jun 10 - 70 Jul 10 - 70 Aug 10 - 70 Sept 10 - 70 Oct 10 - 70 840

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 22

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Cayuga Correctional Fac. Pamela Quill Nov 09 - 6,418 2202 Rte. 38A Tel. #: 315-497-1110 Dec 09 - 8,459 Moravia, NY 13118 Fax #: 315-497-1110 Ext. 3299 Jan 10 - 9,095 [email protected] Feb 10 - 8,325 Mar 10 - 8,080 Apr 10 - 5,547 May 10 - 4,196 Jun 10 - 2,398 Jul 10 - 2,133 Aug 10 - 2,043 Sept 10 - 2,409 Oct 10 - 5,281 64,384

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. Five Points Correctional Fac. Jeff Minnerly Nov 09 - 6,700 Star Route 96 Tel. #: 607-869-5111 Dec 09 - 11,500 Romulus, NY 14541 Fax #: 607-869-5111 ex. 2099 Jan 10 - 12,500 [email protected] Feb 10 - 10,000 Mar 10 - 9,100 Apr 10 - 6,500 May 10 - 4,600 Jun 10 - 3,100 Jul 10 - 2,600 Aug 10 - 2,600 Sept 10 - 2,900 Oct 10 - 5,900 78,000

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Auburn Correctional Fac. Byron Schlenker Nov 09 - 18,809 135 State Street Tel. #: 315-253-8401 Dec 09 - 24,620 Auburn, NY 13024 Fax #: 315-252-1915 Jan 10 - 25,601 Feb 10 - 22,930 Mar 10 - 23,220 Apr 10 - 17,608 May 10 - 6,877 Jun 10 - 4,981 Jul 10 - 4,079 Aug 10 - 3,699 Sept 10 - 4,291 Oct 10 - 12,408 169,123

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 23

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Albion Correctional Fac. Kevin Bush Nov 09 - 12,800 3595 State School Road Tel. #: 585-589-5511 Dec 09 - 16,200 Albion, NY 14411 Fax #: 585-589-5225 Jan 10 - 18,500 (Boiler House) Feb 10 - 18,000 Mar 10 - 16,000 Apr 10 - 12,800 May 10 - 7,200 Jun 10 - 4,300 Jul 10 - 3,800 Aug 10 - 3,700 Sept 10 - 4,500 Oct 10 - 9,000 126,800

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 24

NEW YORK STATE ELECTRIC & GAS TERRITORY (DAILY)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Binghamton Psych. Ctr. Mark Sweet Nov 09 - 7,000 425 Robinson Street Tel. #: 607-773-4565 Dec 09 - 10,000 Binghamton, NY 13904 Fax #: 607-773-4588 Jan 10 - 11,000 [email protected] Feb 10 - 10,000 Mar 10 - 10,000 Apr 10 - 6,000 May 10 - 5,000 Jun 10 - 3,000 Jul 10 - 3,000 Aug 10 - 3,000 Sept 10 - 4,000 Oct 10 - 6,000 78,000

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. Broome Developmental Ctr. Joe Gorman Nov 09 - 5,440 249 Glenwood Road Tel. #: 607-770-0236 Dec 09 - 8,000 Binghamton, NY 13905 Fax #: 607-770-0204 Jan 10 - 8,540 [email protected] Feb 10 - 7,450 Mar 10 - 7,160 Apr 10 - 4,800 May 10 - 3,510 Jun 10 - 2,870 Jul 10 - 2,640 Aug 10 - 2,650 Sept 10 - 3,000 Oct 10 - 4,410 60,470

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 25

NATIONAL GRID TERRITORY (EAST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. DMNA Michael Savage Nov 09 - 65 NY ARN6 Tel. #: 518-786-4552 Dec 09 - 140 (Bldg. #43) Fax #: 518-786-4400 Jan 10 - 160 1 Air National Guard Road [email protected] Feb 10 - 125 Scotia, NY 12302-9752 Mar 10 - 100 Apr 10 - 40 May 10 - 10 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 20 680

FIXED PRICE/FIRM SUPPLY 2. Lansingburgh CSD Lisa Kyer Nov 09 - 290 (District Office) Tel. #: 518-233-6856 Dec 09 - 452 576 5th Avenue Fax #: 518-235-5838 Jan 10 - 417 Troy, NY 12182 [email protected] Feb 10 - 150 Mar 10 - 230 Apr 10 - 230 May 10 - 125 Jun 10 - 14 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 20 1,928

FIXED PRICE/FIRM SUPPLY 3. Lansingburgh CSD Lisa Kyer Nov 09 - 460 (Rensselaer Park Elementary) Tel. #: 518-233-6856 Dec 09 - 712 110th Street Fax #: 518-235-5838 Jan 10 - 755 Troy, NY 12182 [email protected] Feb 10 - 240 Mar 10 - 390 Apr 10 - 422 May 10 - 60 Jun 10 - 70 Jul 10 - 30 Aug 10 - 22 Sept 10 - 35 Oct 10 - 40 3,236

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 25

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 4. Lansingburgh CSD Lisa Kyer Nov 09 - 375 (Turnpike Elementary) Tel. #: 518-233-6856 Dec 09 - 1,710 55 New Turnpike Road Fax #: 518-235-5838 Jan 10 - 680 Troy, NY 12182 [email protected] Feb 10 - 150 Mar 10 - 240 Apr 10 - 130 May 10 - 24 Jun 10 - 24 Jul 10 - 15 Aug 10 - 28 Sept 10 - 60 Oct 10 - 130 3,566

FIXED PRICE/FIRM SUPPLY 5. Lansingburgh CSD Lisa Kyer Nov 09 - 670 (High School) Tel. #: 518-233-6856 Dec 09 - 1,000 320 7th Avenue Fax #: 518-235-5838 Jan 10 - 1,350 Troy, NY 12182 [email protected] Feb 10 - 805 Mar 10 - 30 Apr 10 - 850 May 10 - 335 Jun 10 - 160 Jul 10 - 23 Aug 10 - 17 Sept 10 - 12 Oct 10 - 368 5,620

FIXED PRICE/FIRM SUPPLY 6. Lansingburgh CSD Lisa Kyer Nov 09 - 756 (Knickerbacker MS) Tel. #: 518-233-6856 Dec 09 - 1,125 320 7th Avenue Fax #: 518-235-5838 Jan 10 - 1,490 Troy, NY 12182 [email protected] Feb 10 - 1,000 Mar 10 - 880 Apr 10 - 240 May 10 - 100 Jun 10 - 50 Jul 10 - 35 Aug 10 - 36 Sept 10 - 46 Oct 10 - 265 6,023

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 25

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 7. NYS Dept. of Agriculture Jim Dybas Nov 09 - 224 & Markets Tel. #: 518-457-9563 Dec 09 - 304 10B Airline Drive Fax #: 518-485-7750 Jan 10 - 294 Albany, NY 12235 [email protected] Feb 10 - 316 Mar 10 - 158 Apr 10 - 502 May 10 - 277 Jun 10 - 29 Jul 10 - 7 Aug 10 - 20 Sept 10 - 153 Oct 10 - 806 3,090

FIXED PRICE/FIRM SUPPLY 8. Heritage Home for Women Scott Sutherland Nov 09 - 163 1519 Union Street Tel. #: 518-374-6921 Dec 09 - 237 Schenectady, NY 12309 Fax #: 518-370-1873 Jan 10 - 246 [email protected] Feb 10 - 212 Mar 10 - 161 Apr 10 - 97 May 10 - 56 Jun 10 - 36 Jul 10 - 28 Aug 10 - 30 Sept 10 - 50 Oct 10 - 108 1,424

FIXED PRICE/FIRM SUPPLY 9. DMNA-State Armory Robert Kisselback Nov 09 - 175 99 South Lake Avenue Tel. #: 518-286-2241 Dec 09 - 180 Troy, NY 12180-3124 Fax #: 518-286-5804 Jan 10 - 260 [email protected] Feb 10 - 170 Mar 10 - 170 Apr 10 - 50 May 10 - 30 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 20 1,055

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 25

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 10. NYS DOT Fleet Admin. Al Warzala Nov 09 - 465 21 North Street Tel. #: 518-237-5821 Dec 09 - 899 Waterford, NY 12188 Fax #: 518-237-0781 Jan 10 - 1,025 [email protected] Feb 10 - 757 Mar 10 - 561 Apr 10 - 341 May 10 - 239 Jun 10 - 85 Jul 10 - 1 Aug 10 - 9 Sept 10 - 111 Oct 10 - 271 4,764

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 26

NATIONAL GRID TERRITORY (EAST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. DMNA-State Armory John Fallarino Nov 09 - 350 (Headquarters Bldg.) Tel. #: 518-786-4552 Dec 09 - 800 330 Old Niskayuna Road Fax #: 518-786-4400 Jan 10 - 900 Latham, NY 12110-2224 [email protected] Feb 10 - 800 Mar 10 - 850 Apr 10 - 550 May 10 - 150 Jun 10 - 40 Jul 10 - 40 Aug 10 - 40 Sept 10 - 40 Oct 10 - 250 4,810

INDEXED PRICE/FIRM SUPPLY 2. NYS DOT Al Warzala Nov 09 - 460 Equipment Management Tel. #: 518-237-5821 Dec 09 - 700 21 Ninth Street Fax #: 518-237-6918 Jan 10 - 750 Waterford, NY 12188 [email protected] Feb 10 - 750 Mar 10 - 620 Apr 10 - 420 May 10 - 100 Jun 10 - 10 Jul 10 - 0 Aug 10 - 0 Sept 10 - 10 Oct 10 - 100 3,920

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Latham Highway Maint. Supervisor Nov 09 - 90 695 Watervliet-Shaker Road Tel. #: 518-785-5900 Dec 09 - 90 Latham, NY 12110 Fax #: 518-765-3350 Jan 10 - 90 [email protected] Feb 10 - 90 Mar 10 - 90 Apr 10 - 90 May 10 - 90 Jun 10 - 90 Jul 10 - 90 Aug 10 - 90 Sept 10 - 90 Oct 10 - 90 1,080

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 26

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. NYS DOT Resident Engineer Nov 09 - 90 306 Rt. 66 Tel. #: 518-828-9401 Dec 09 - 90 Hudson, NY 12534 Fax #: 518-828-2029 Jan 10 - 90 [email protected] Feb 10 - 90 Mar 10 - 90 Apr 10 - 90 May 10 - 90 Jun 10 - 90 Jul 10 - 90 Aug 10 - 90 Sept 10 - 90 Oct 10 - 90 1,080

INDEXED PRICE/FIRM SUPPLY 5. NYS DOT Hudson Falls Resident Engineer Nov 09 - 60 Burgoyne Avenue Tel. #: 518-747-4724 Dec 09 - 60 Hudson Falls, NY 12839 Fax #: 518-747-5743 Jan 10 - 60 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

INDEXED PRICE/FIRM SUPPLY 6. NYS DOH Griffin Lab John Collins Nov 09 - 500 (Incinerator Bldg. “C”) Tel. #: 518-485-6383 Dec 09 - 400 5668 State Farm Road Fax #: 518-869-6684 Jan 10 - 400 Slingerlands, NY 12159 [email protected] Feb 10 - 400 Mar 10 - 400 Apr 10 - 500 May 10 - 600 Jun 10 - 600 Jul 10 - 600 Aug 10 - 600 Sept 10 - 600 Oct 10 - 500 6,100

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 26

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. NYS DOH Griffin Lab John Collins Nov 09 - 30 (Bldg. #9) Tel. #: 518-485-6383 Dec 09 - 38 5668 State Farm Road Fax #: 518-869-6684 Jan 10 - 46 Slingerlands, NY 12159 [email protected] Feb 10 - 62 Mar 10 - 55 Apr 10 - 25 May 10 - 6 Jun 10 - 5 Jul 10 - 4 Aug 10 - 4 Sept 10 - 5 Oct 10 - 6 286

INDEXED PRICE/FIRM SUPPLY 8. NYS DOH Griffin Lab John Collins Nov 09 - 47 (Bldg. #1) Tel. #: 518-485-6383 Dec 09 - 64 5668 State Farm Road Fax #: 518-869-6684 Jan 10 - 82 Slingerlands, NY 12159 [email protected] Feb 10 - 96 Mar 10 - 72 Apr 10 - 31 May 10 - 4 Jun 10 - 4 Jul 10 - 4 Aug 10 - 4 Sept 10 - 4 Oct 10 - 8 420

INDEXED PRICE/FIRM SUPPLY 9. NYS DOT Resident Engineer Nov 09 - 140 Intersection Routes 4 & 43 Tel. #: 518-286-2300 Dec 09 - 140 Defreestville, NY 12144 Fax #: 518-283-4377 Jan 10 - 140 [email protected] Feb 10 - 140 Mar 10 - 140 Apr 10 - 140 May 10 - 140 Jun 10 - 140 Jul 10 - 140 Aug 10 - 140 Sept 10 - 140 Oct 10 - 140 1,680

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 26

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. NYS DOT Highway Maint. Supervisor Nov 09 - 50 12 Crew Road Tel. #: 518-371-0513 Dec 09 - 50 Clifton Park, NY 12065 Fax #: 518-457-0413 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 11. DMNA - Historical Museum Michael Aikey Nov 09 - 300 61 Lake Avenue Tel. #: 518-581-5102 Dec 09 - 400 Saratoga Springs, NY 12866-2315 Fax #: 518-581-5111 Jan 10 - 550 [email protected] Feb 10 - 450 Mar 10 - 500 Apr 10 - 250 May 10 - 20 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 15 Oct 10 - 150 2,650

INDEXED PRICE/FIRM SUPPLY 12. NYS DOT Resident Engineer Nov 09 - 70 351 West Avenue Tel. #: 518-584-3790 Dec 09 - 70 Saratoga, NY 12866 Fax #: 518-587-2787 Jan 10 - 70 [email protected] Feb 10 - 70 Mar 10 - 70 Apr 10 - 70 May 10 - 70 Jun 10 - 70 Jul 10 - 70 Aug 10 - 70 Sept 10 - 70 Oct 10 - 70 840

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 26

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 13. NYS DOT Resident Engineer Nov 09 - 50 16 Maple Avenue Tel. #: 518-765-2841 Dec 09 - 50 Voorheesville, NY 12186 Fax #: 518-765-3350 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 14. DASNY Joseph Capitula Nov 09 - 69 161 Delaware Avenue Tel. #: 518-478-0992 Dec 09 - 78 Delmar, NY 12054 Fax #: Jan 10 - 173 [email protected] Feb 10 - 140 Mar 10 - 115 Apr 10 - 79 May 10 - 44 Jun 10 - 40 Jul 10 - 33 Aug 10 - 30 Sept 10 - 26 Oct 10 - 36 863

INDEXED PRICE/FIRM SUPPLY 15. DASNY Barry Jones Nov 09 - 278 515 Broadway Tel. #: 518-257-3390 Dec 09 - 554 Albany, NY 12207 Fax #: 518-257-3407 Jan 10 - 645 [email protected] Feb 10 - 728 Mar 10 - 619 Apr 10 - 438 May 10 - 141 Jun 10 - 94 Jul 10 - 53 Aug 10 - 44 Sept 10 - 66 Oct 10 - 131 3,791

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 27

NATIONAL GRID TERRITORY (EAST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. Hudson Correctional Facility Rich Hilbrandt Nov 09 - 7,200 E. Court Street Tel. #: 518-828-4311 Ext. 3970 Dec 09 - 10,230 Hudson, NY 12534 Fax #: 518-828-4311 Ext. 3996 Jan 10 - 10,850 (Powerhouse) [email protected] Feb 10 - 9,800 Mar 10 - 9,300 Apr 10 - 6,000 May 10 - 1,550 Jun 10 - 1,500 Jul 10 - 1,550 Aug 10 - 1,550 Sept 10 - 1,500 Oct 10 - 5,270 66,300

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. DOH Wadsworth Labs John Eppelmann Nov 09 - 6,000 120 New Scotland Avenue Tel. #: 518-473-0719 Dec 09 - 7,500 Albany, NY 12208 Fax #: 518-402-4159 Jan 10 - 8,000 [email protected] Feb 10 - 7,500 Mar 10 - 7,000 Apr 10 - 5,000 May 10 - 4,000 Jun 10 - 4,000 Jul 10 - 4,000 Aug 10 - 4,000 Sept 10 - 4,000 Oct 10 - 4,500 65,500

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. University of Albany Vince Marini Nov 09 - 2,900 (Richardson Hall) Tel. #: 518-442-3408 Dec 09 - 3,000 436 Washington Avenue Fax #: 518-442-2614 Jan 10 - 3,500 Albany, NY 12222 [email protected] Feb 10 - 2,600 Mar 10 - 2,300 Apr 10 - 1,500 May 10 - 300 Jun 10 - 75 Jul 10 - 75 Aug 10 - 75 Sept 10 - 80 Oct 10 - 1,600 18,005

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 27

NATIONAL GRID TERRITORY (EAST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 4. OMRDD Capital District DDSO Nelson Gage Nov 09 - 5,460 500 Balltown Road Tel. #: 518-370-7312 Dec 09 - 7,560 Schenectady, NY 12304 Fax #: 518-370-7478 Jan 10 - 8,085 [email protected] Feb 10 - 5,460 Mar 10 - 5,355 Apr 10 - 4,725 May 10 - 3,150 Jun 10 - 2,310 Jul 10 - 2,100 Aug 10 - 1,890 Sept 10 - 1,995 Oct 10 - 3,675 51,765

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 28

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. DMNA-OMS #5 Robert Musico Nov 09 - 69 6901 Thompson Road Tel. #: 315-438-3056 Dec 09 - 115 Syracuse, NY 13211-1328 Fax #: 315-435-3015 Jan 10 - 184 [email protected] Feb 10 - 137 Mar 10 - 194 Apr 10 - 86 May 10 - 20 Jun 10 - 7 Jul 10 - 4 Aug 10 - 3 Sept 10 - 5 Oct 10 - 21 845

FIXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Robert Musico Nov 09 - 148 6900 Thompson Road Tel. #: 315-438-3056 Dec 09 - 240 Syracuse, NY 13211-1328 Fax #: 315-435-3015 Jan 10 - 272 [email protected] Feb 10 - 199 Mar 10 - 266 Apr 10 - 239 May 10 - 136 Jun 10 - 26 Jul 10 - 8 Aug 10 - 8 Sept 10 - 8 Oct 10 - 0 1,550

FIXED PRICE/FIRM SUPPLY 3. DMNA-OMS #6 Richard Baumann Nov 09 - 70 1700 Parkway East Tel. #: 315-793-5200 Dec 09 - 120 Utica, NY 13501-4216 Fax #: 315-795-5201 Jan 10 - 190 [email protected] Feb 10 - 140 Mar 10 - 200 Apr 10 - 90 May 10 - 20 Jun 10 - 10 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 30 885

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 28

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 4. Gloversville-Johnstown Donna Renda Nov 09 - 550 (Joint Wastewater Treatment Fac.) Tel. #: 518-762-3101 Dec 09 - 1,200 191 Union Avenue Fax #: 518-762-3921 Jan 10 - 1,300 Johnstown, NY 12095 [email protected] Feb 10 - 1,200 Mar 10 - 1,200 Apr 10 - 550 May 10 - 100 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 200 6,500

FIXED PRICE/FIRM SUPPLY 5. DMNA-State Armory Robert Musico Nov 09 - 150 6900 Thompson Road Tel. #: 518-598-2901 Dec 09 - 240 Syracuse, NY 13211-1328 Fax #: 518-438-3015 Jan 10 - 275 [email protected] Feb 10 - 200 Mar 10 - 275 Apr 10 - 240 May 10 - 140 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 40 1,600

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 29

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. Watertown Correctional Fac. Sandra Thackston Nov 09 - 5,030 23147 Swan Road Tel. #: 315-782-7490 Dec 09 - 5,665 Watertown, NY 13601 Fax #: 315-782-7490 Ext. 2099 Jan 10 - 7,290 [email protected] Feb 10 - 6,390 Mar 10 - 6,390 Apr 10 - 4,860 May 10 - 3,395 Jun 10 - 1,870 Jul 10 - 1,540 Aug 10 - 1,700 Sept 10 - 2,100 Oct 10 - 4,100 50,330

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. DMNA-State Armory Richard Baumann Nov 09 - 400 1700 Parkway East Tel. #: 315-793-5200 Dec 09 - 900 Utica, NY 13501-4216 Fax #: 315-793-5201 Jan 10 - 1,200 [email protected] Feb 10 - 1,200 Mar 10 - 1,100 Apr 10 - 0 May 10 - 350 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 50 6,040

INDEXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Richard Baumann Nov 09 - 250 1110 Black River Blvd. N. Tel. #: 315-793-5200 Dec 09 - 450 Rome, NY 13440-3536 Fax #: 315-793-5201 Jan 10 - 600 [email protected] Feb 10 - 500 Mar 10 - 575 Apr 10 - 350 May 10 - 100 Jun 10 - 10 Jul 10 - 10 Aug 10 - 10 Sept 10 - 10 Oct 10 - 90 2,955

INDEXED PRICE/FIRM SUPPLY 3. DMNA-State Armory Richard Baumann Nov 09 - 250 87 Washington Street Tel. #: 315-793-5200 Dec 09 - 400 Gloversville, NY 12078-3952 Fax #: 315-793-5201 Jan 10 - 500 [email protected] Feb 10 - 450 Mar 10 - 500 Apr 10 - 300 May 10 - 150 Jun 10 - 40 Jul 10 - 10 Aug 10 - 10 Sept 10 - 5 Oct 10 - 200 2,815

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. NYS DOT Resident Engineer Nov 09 - 70 Rte. 5S Tel. #: 518-853-3441 Dec 09 - 70 Fultonville, NY 12072 Fax #: 518-853-4717 Jan 109 - 70 [email protected] Feb 10 - 70 Mar 10 - 70 Apr 10 - 70 May 10 - 70 Jun 10 - 70 Jul 10 - 70 Aug 10 - 70 Sept 10 - 70 Oct 10 - 70 840

INDEXED PRICE/FIRM SUPPLY 5. NYS DOT Oneida Co. Resident Engineer Nov 09 - 60 6515 Rome-Lewell Road Tel. #: 315-336-0660 Dec 09 - 60 Rte. 26 Fax #: 315-336-1581 Jan 10 - 60 Rome, NY 13440 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

INDEXED PRICE/FIRM SUPPLY 6. NYS DOT Resident Engineer Nov 09 - 50 2436 Chenango Road Tel. #: 315-732-8032 Dec 09 - 50 Utica, NY 13502 Fax #: 315-792-8003 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. NYS DOT Dan Zotta Nov 09 - 225 11 Harbor Lock Road Tel. #: 315-733-2967 Dec 09 - 400 Utica, NY 13502 Fax #: 315-724-2131 Jan 10 - 500 [email protected] Feb 10 - 540 Mar 10 - 400 Apr 10 - 160 May 10 - 15 Jun 10 - 5 Jul 10 - 5 Aug 10 - 2 Sept 10 - 8 Oct 10 - 105 2,365

INDEXED PRICE/FIRM SUPPLY 8. NYS DOT Resident Engineer Nov 09 - 80 22422 Route 342 Tel. #: 315-785-2360 Dec 09 - 80 Watertown, NY 13601 Fax #: 315-782-8754 Jan 10 - 80 [email protected] Feb 10 - 80 Mar 10 - 80 Apr 10 - 80 May 10 - 80 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 80 960

INDEXED PRICE/FIRM SUPPLY 9. NYS DOT Rick Stowell Nov 09 - 380 22422 Route 342 Tel. #: 315-785-2360 Dec 09 - 700 Watertown, NY 13601 Fax #: 315-782-8754 Jan 10 - 800 [email protected] Feb 10 - 630 Mar 10 - 530 Apr 10 - 255 May 10 - 120 Jun 10 - 15 Jul 10 - 5 Aug 10 - 5 Sept 10 - 40 Oct 10 - 340 3,820

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 10. Marcy Correctional Fac. Michael Barry Nov 09 - 1,020 Old River Road Tel. #: 315-768-1400 Ext. 3951 Dec 09 - 1,600 Marcy, NY 13403 Fax #: 315-768-1400 Ext. 3999 Jan 10 - 2,100 Feb 10 - 3,300 Mar 10 - 2,600 Apr 10 - 1,700 May 10 - 1,100 Jun 10 - 600 Jul 10 - 200 Aug 10 - 200 Sept 10 - 300 Oct 10 - 400 15,120

INDEXED PRICE/FIRM SUPPLY 11. Marcy Correctional Fac. Michael Barry Nov 09 - 16 Old River Road Tel. #: 315-768-1400 Ext. 3955 Dec 09 - 32 Marcy, NY 13403 Fax #: 315-768-1400 Ext. 3999 Jan 10 - 50 Feb 10 - 50 Mar 10 - 40 Apr 10 - 23 May 10 - 4 Jun 10 - 4 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 4 223

INDEXED PRICE/FIRM SUPPLY 12. Marcy Correctional Fac. Michael Barry Nov 09 - 5 (Warehouse) Tel. #: 315-768-1400 Ext. 3951 Dec 09 - 13 Old River Road Fax #: 315-768-1400 Ext. 3999 Jan 10 - 15 Marcy, NY 13403 Feb 10 - 25 Mar 10 - 25 Apr 10 - 15 May 10 - 2 Jun 10 - 1 Jul 10 - 1 Aug 10 - 1 Sept 10 - 1 Oct 10 - 1 105

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d) Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 13. Marcy Correctional Fac. Michael Barry Nov 09 - 30 Old River Road Tel. #: 315-768-1400 Ext. 3951 Dec 09 - 50 Marcy, NY 13403 Fax #: 315-768-1400 Ext. 3999 Jan 10 - 50 Feb 10 - 80 Mar 10 - 82 Apr 10 - 42 May 10 - 10 Jun 10 - 4 Jul 10 - 4 Aug 10 - 2 Sept 10 - 3 Oct 10 - 7 364

INDEXED PRICE/FIRM SUPPLY 14. Marcy Correctional Fac. Michael Barry Nov 09 - 14 6332 SR 291, Bldg. #44 Tel. #: 315-768-1400 Ext. 3951 Dec 09 - 30 Marcy, NY 13403 Fax #: 315-768-1400 Ext. 3999 Jan 10 - 65 Feb 10 - 70 Mar 10 - 70 Apr 10 - 40 May 10 - 6 Jun 10 - 3 Jul 10 - 3 Aug 10 - 2 Sept 10 - 2 Oct 10 - 5 310

INDEXED PRICE/FIRM SUPPLY 15. Oneida-Herkimer Solid Leo Boulerice Nov 09 - 10 Waste Authority Tel. #: 315-738-0417 Dec 09 - 622 1600 Genesee Street Fax #: 315-733-2305 Jan 10 - 610 Utica, NY 13502 Feb 10 - 1,245 (Leland Ave. Facility) Mar 10 - 1,037 Apr 10 - 390 May 10 - 73 Jun 10 - 6 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 0 3,993

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 16. Oneida-Herkimer Solid Leo Boulerice Nov 09 - 144 Waste Authority Tel. #: 315-339-0288 Dec 09 - 219 1600 Genesee Street Fax #: 315-733-2305 Jan 10 - 349 Utica, NY 13502 Feb 10 - 387 (River Road Facility) Mar 10 - 268 Apr 10 - 162 May 10 - 28 Jun 10 - 1 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 20 1,578

INDEXED PRICE/FIRM SUPPLY 17. Oneida-Herkimer Solid James V. Biamonte Nov 09 - 21 Waste Authority Tel. #: 315-733-1224 Dec 09 - 38 1600 Genesee Street Fax #: 315-733-2305 Jan 10 - 53 Utica, NY 13502 Feb 10 - 71 (Genesee St. Facility) Mar 10 - 44 Apr 10 - 41 May 10 - 19 Jun 10 - 3 Jul 10 - 0 Aug 10 - 0 Sept 10 - 0 Oct 10 - 11 301

INDEXED PRICE/FIRM SUPPLY 18. NYS School for the Deaf James C. Lorraine Nov 09 - 1,100 401 Turin Street Tel. #: 315-337-8400 Ext. 8555 Dec 09 - 1,680 Rome, NY 13440 Fax #: 315-336-8859 Jan 10 - 2,100 (Site B, Bldg. 11B) [email protected] Feb 10 - 1,800 Mar 10 - 1,650 Apr 10 - 800 May 10 - 350 Jun 10 - 135 Jul 10 - 115 Aug 10 - 110 Sept 10 - 130 Oct 10 - 750 10,720

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 95 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 19. NYS School for the Deaf James C. Lorraine Nov 09 - 210 401 Turin Street Tel. #: 315-337-8400 Ext. 8555 Dec 09 - 330 Rome, NY 13440 Fax #: 315-336-8859 Jan 10 - 340 [email protected] Feb 10 - 320 Mar 10 - 250 Apr 10 - 115 May 10 - 35 Jun 10 - 4 Jul 10 - 4 Aug 10 - 4 Sept 10 - 9 Oct 10 - 115 1,736

INDEXED PRICE/FIRM SUPPLY 20. Oneida Co. – Div. of Randall Merritt Nov 09 - 83 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 148 406 Elizabeth Street Fax #: 315-793-6208 Jan 19 - 135 Utica, NY 13501 [email protected] Feb 10 - 136 Mar 10 - 97 Apr 10 - 41 May 10 - 15 Jun 10 - 3 Jul 10 - 4 Aug 10 - 2 Sept 10 - 5 Oct 10 - 54 723

INDEXED PRICE/FIRM SUPPLY 21. Oneida Co. – Div. of Randall Merritt Nov 09 - 2 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 99 4608 State Rte. 233 Fax #: 315-793-6208 Jan 10 - 118 Westmoreland, NY 13490 [email protected] Feb 10 - 48 Mar 10 - 66 Apr 10 - 44 May 10 - 27 Jun 10 - 5 Jul 10 - 0 Aug 10 - 21 Sept 10 - 6 Oct 10 - 2 438

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 22. Oneida Co. – Div. of Randall Meritt Nov 09 - 587 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 1,009 321 Main Street Fax #: 315-793-6208 Jan 10 - 1,322 Utica, NY 13501 [email protected] Feb 10 - 943 Mar 10 - 928 Apr 10 - 586 May 10 - 221 Jun 10 - 10 Jul 10 - 2 Aug 10 - 1 Sept 10 - 41 Oct 10 - 360 6,010

INDEXED PRICE/FIRM SUPPLY 23. Oneida Co. – Div. of Randall Merritt Nov 09 - 185 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 280 Rome Court House Fax #: 315-793-6208 Jan 10 - 251 302 N. James Street [email protected] Feb 10 - 208 Rome, NY 13440 Mar 10 - 137 Apr 10 - 58 May 10 - 26 Jun 10 - 6 Jul 10 - 2 Aug 10 - 7 Sept 10 - 66 Oct 10 - 97 1,323

INDEXED PRICE/FIRM SUPPLY 24. Oneida Co. – Div. of Randall Merritt Nov 09 - 865 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 1,418 Utica Court House Fax #: 315-793-6208 Jan 10 - 1,864 200 Elizabeth Street [email protected] Feb 10 - 1,367 Utica, NY 13501 Mar 10 - 1,411 Apr 10 - 1,033 May 10 - 601 Jun 10 - 44 Jul 10 - 32 Aug 10 - 38 Sept 10 - 61 Oct 10 - 634 9,368

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 25 Oneida Co. – Div. of Randall Merritt Nov 09 - 263 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 290 301 W. Dominick Street Fax #: 315-793-6208 Jan 10 - 245 Rome, NY 13440 [email protected] Feb 10 - 242 Mar 10 - 206 Apr 10 - 90 May 10 - 63 Jun 10 - 42 Jul 10 - 40 Aug 10 - 40 Sept 10 - 52 Oct 10 - 77 1,650

INDEXED PRICE/FIRM SUPPLY 26 Oneida Co. – Div. of Randall Merritt Nov 09 - 41 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 96 235 Elizabeth Street Fax #: 315-793-6208 Jan 10 - 87 Utica, NY 13501 [email protected] Feb 10 - 98 Mar 10 - 53 Apr 10 - 24 May 10 - 15 Jun 10 - 1 Jul 10 - 1 Aug 10 - 3 Sept 10 - 8 Oct 10 - 29 456

INDEXED PRICE/FIRM SUPPLY 27. Oneida Co. – Div. of Randall Merritt Nov 09 - 90 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 112 121 Second Street Fax #: 315-793-6208 Jan 10 - 107 Oriskany, NY 13424 [email protected] Feb 10 - 87 Mar 10 - 60 Apr 10 - 14 May 10 - 8 Jun 10 - 1 Jul 10 - 1 Aug 10 - 1 Sept 10 - 16 Oct 10 - 44 541

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 28. Oneida Co. – Dept. of Edward Jeffers Nov 09 - 196 Public Works Tel. #: 315-793-6219 Dec 09 - 746 6000 Airport Road Fax #: 315-768-6299 Jan 10 - 799 Oriskany, NY 13424 [email protected] Feb 10 - 645 Mar 10 - 493 Apr 10 - 231 May 10 - 44 Jun 10 - 1 Jul 10 - 0 Aug 10 - 0 Sept 10 - 72 Oct 10 - 318 3,545

INDEXED PRICE/FIRM SUPPLY 29. NYS DOT Resident Engineer Nov 09 - 80 Rte. 3 Tel. #: 315-763-3730 Dec 09 - 80 5554 Scenic Avenue Fax #: 518-457-0413 Jan 10 - 80 Mexico, NY 13114 [email protected] Feb 10 - 80 Mar 10 - 80 Apr 10 - 80 May 10 - 80 Jun 10 - 80 Jul 10 - 80 Aug 10 - 80 Sept 10 - 80 Oct 10 - 80 960

INDEXED PRICE/FIRM SUPPLY 30. NYS DOT Resident Engineer Nov 09 - 60 5700 Devoe Road Tel. #: 315-672-8151 Dec 09 - 60 Camillus, NY 13031 Fax #: 315-672-8670 Jan 10 - 60 [email protected] Feb 10 - 60 Mar 10 - 60 Apr 10 - 60 May 10 - 60 Jun 10 - 60 Jul 10 - 60 Aug 10 - 60 Sept 10 - 60 Oct 10 - 60 720

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 99 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 31. NYS DOT Robert Near Nov 09 - 50 11 Quarry Street Tel. #: 845-331-5533 Dec 09 - 50 Kingston, NY 12401 Fax #: 845-331-9236 Jan 10 - 50 [email protected] Feb 10 - 50 Mar 10 - 50 Apr 10 - 50 May 10 - 50 Jun 10 - 50 Jul 10 - 50 Aug 10 - 50 Sept 10 - 50 Oct 10 - 50 600

INDEXED PRICE/FIRM SUPPLY 32. Oneida Co. – Div. of Randall Merritt Nov 09 - 180 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 458 120 Airline Street Fax #: 315-793-6208 Jan 10 - 776 Oriskany, NY 13424 [email protected] Feb 10 - 273 Mar 10 - 808 Apr 10 - 267 May 10 - 4 Jun 10 - 4 Jul 10 - 4 Aug 10 - 3 Sept 10 - 2 Oct 10 - 73 2,852

INDEXED PRICE/FIRM SUPPLY 33. Oneida Co. – Div. of Mark Laramic Nov 09 - 56 Bldgs. and Grounds Tel. #: 315-793-6236 Dec 09 - 86 300 W. Dominick Street Fax #: 315-768-6299 Jan 10 - 88 Rome, NY 13440 [email protected] Feb 10 - 92 Mar 10 - 37 Apr 10 - 11 May 10 - 2 Jun 10 - 1 Jul 10 - 1 Aug 10 - 2 Sept 10 - 17 Oct 10 - 40 433

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 30

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 34. Oneida Co. – Div. of Randall Merritt Nov 09 - 8 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 20 182 Base Road Fax #: 315-793-6208 Jan 10 - 155 Oriskany, NY 13424 [email protected] Feb 10 - 222 Mar 10 - 183 Apr 10 - 152 May 10 - 100 Jun 10 - 20 Jul 10 - 4 Aug 10 - 2 Sept 10 - 2 Oct 10 - 2 870

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 31

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. OGS Dulles SOB David Steyer Nov 09 - 581 317 Washington Street Tel. #: 315-785-2540 Dec 09 - 1,197 Watertown, NY 13601 Fax #: 315-785-2508 Jan 10 - 1,480 [email protected] Feb 10 - 1,116 Mar 10 - 1,037 Apr 10 - 457 May 10 - 91 Jun 10 - 13 Jul 10 - 1 Aug 10 - 1 Sept 10 - 49 Oct 10 - 456 6,479

INDEXED PRICE/FIRM SUPPLY 2. OGS Utica SOB John Fanelli Nov 09 - 916 207 Genesee Street Tel. #: 315-793-2201 Dec 09 - 1,903 Utica, NY 13501 Fax #: 315-793-2565 Jan 10 - 2,622 [email protected] Feb 10 - 1,842 Mar 10 - 1,437 Apr 10 - 822 May 10 - 103 Jun 10 - 26 Jul 10 - 15 Aug 10 - 16 Sept 10 - 60 Oct 10 - 488 10,250

INDEXED PRICE/FIRM SUPPLY 3. OGS Sam Roberts Nov 09 - 508 Hughes SOB Tel. #: 315-428-4224 Dec 09 - 1,120 333 E. Washington Street Fax #: 315-428-4278 Jan 10 - 1,206 Syracuse, NY 13202 [email protected] Feb 10 - 930 Mar 10 - 845 Apr 10 - 395 May 10 - 39 Jun 10 - 17 Jul 10 - 16 Aug 10 - 12 Sept 10 - 44 Oct 10 - 386 5,518

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 31

NATIONAL GRID TERRITORY (WEST GATE) (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. NYS DOT Jay Elhage Nov 09 - 600 5450 South Bay Road Tel. #: 315-458-7000 Dec 09 - 860 N. Syracuse, NY 13212 Fax #: 315-458-7083 Jan 10 - 880 Feb 10 - 490 Mar 10 - 570 Apr 10 - 400 May 10 - 50 Jun 10 - 5 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 300 4,170

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 32

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. Mohawk Valley Comm. College John L. Zegarelli Nov 09 - 4,000 1101 Sherman Drive Tel. #: 315-792-5550 Dec 09 - 6,600 Utica, NY 13501 Fax #: 315-792-5686 Jan 10 - 7,200 [email protected] Feb 10 - 6,100 Mar 10 - 6,100 Apr 10 - 3,300 May 10 - 1,100 Jun 10 - 440 Jul 10 - 330 Aug 10 - 330 Sept 10 - 550 Oct 10 - 2,800 38,850

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GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 33

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. OMH Mohawk Valley PC Jeffery Greene Nov 09 - 4,600 1400 Noyes Street Tel. #: 315-738-3908 Dec 09 - 6,400 Utica, NY 13502 Fax #: 315-738-4444 Jan 10 - 7,200 [email protected] Feb 10 - 6,000 Mar 10 - 5,600 Apr 10 - 4,000 May 10 - 3,300 Jun 10 - 3,200 Jul 10 - 3,600 Aug 10 - 3,500 Sept 10 - 3,000 Oct 10 - 3,600 54,000

INDEXED PRICE/INTERRUPTIBLE SUPPLY 2. OMH Hutchings PC Rick Howard Nov 08 - 2,500 620 Madison Street Tel. #: 315-426-3600 Dec 08 - 3,900 Syracuse, NY 13210 Fax #: 315-426-3967 Jan 09 - 4,300 [email protected] Feb 09 - 3,800 Mar 09 - 3,400 Apr 09 - 1,800 May 09 - 850 Jun 09 - 425 Jul 09 - 350 Aug 09 - 365 Sept 09 - 500 Oct 09 - 1,500 23,690

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Mohawk Correctional Fac. Gerald T. Steele Nov 09 - 31,500 (Powerhouse) Bldg. 32 Tel. #: 315-339-5232 Ext. 3974 Dec 09 - 39,060 Evans Drive Fax #: 315-339-5232 Ext. 3297 Jan 10 - 42,780 Rome, NY 13440 [email protected] Feb 10 - 44,240 Mar 10 - 43,000 Apr 10 - 28,500 May 10 - 21,700 Jun 10 - 15,000 Jul 10 - 13,950 Aug 10 - 13,330 Sept 10 - 15,000 Oct 10 - 22,320 330,380

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 105 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 33

NATIONAL GRID TERRITORY (WEST GATE)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 4. Mid-State Correctional Fac. Rich Mowers Nov 09 - 30,000 PO Box 216, River Road Tel. #: 315-768-8581 Dec 09 - 37,000 Marcy, NY 13403 Fax #: 315-768-8581 Ext. 3298 Jan 10 - 40,000 [email protected] Feb 10 - 35,000 Mar 10 - 35,000 Apr 10 - 26,500 May 10 - 15,000 Jun 10 - 9,300 Jul 10 - 8,000 Aug 10 - 7,800 Sept 10 - 9,900 Oct 10 - 22,000 275,500

INDEXED PRICE/INTERRUPTIBLE SUPPLY 5. Oneida Co. - Div. of Randall Merritt Nov 09 - 1,289 Bldgs. and Grounds Tel. #: 315-793-6248 Dec 09 - 1,700 800 Park Avenue Fax #: 315-793-6208 Jan 10 - 1,706 Utica, NY 13501 [email protected] Feb 10 - 1,276 Mar 10 - 1,573 Apr 10 - 802 May 10 - 447 Jun 10 - 48 Jul 10 - 32 Aug 10 - 41 Sept 10 - 177 Oct 10 - 1,001 10,092

INDEXED PRICE/INTERRUPTIBLE SUPPLY 6. Oneida Co. - Water John Waters Nov 09 - 305 Pollution Control Tel. #: 315-798-5656 Dec 09 - 456 51 Leland Avenue Fax #: 315-724-9812 Jan 10 - 825 Utica, NY 13503 [email protected] Feb 10 - 896 Mar 10 - 60 Apr 10 - 720 May 10 - 566 Jun 10 - 83 Jul 10 - 26 Aug 10 - 18 Sept 10 - 16 Oct 10 - 25 3,996

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 106 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 34

ORANGE AND ROCKLAND TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Resident Engineer Nov 09 - 110 3233 Route 6 Tel. #: 845-343-4638 Dec 09 - 110 Middletown, NY 10940 Fax #: 845-343-7217 Jan 10 - 110 [email protected] Feb 10 - 110 Mar 10 - 110 Apr 10 - 110 May 10 - 110 Jun 10 - 110 Jul 10 - 110 Aug 10 - 110 Sept 10 - 110 Oct 10 - 110 1,320

INDEXED PRICE/FIRM SUPPLY 2. DMNA-State Armory Jeff Caston Nov 09 - 50 84 Old Orangeburg Road Tel. #: 845-359-2460 Dec 09 - 250 Orangeburg, NY 10962-1128 Fax #: 518-786-4400 Jan 10 - 500 Feb 10 - 450 Mar 10 - 500 Apr 10 - 250 May 10 - 20 Jun 10 - 0 Jul 10 - 0 Aug 10 - 0 Sept 10 - 10 Oct 10 - 80 2,110

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 107 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 35

ORANGE AND ROCKLAND TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 3. Helen Hayes Hospital Yuriy Hlovatsky Nov 08 - 7,800 (Power Plant) Tel. #: 845-786-4427 Dec 08 - 9,430 51-55 Rt. 9W Fax #: 845-786-4990 Jan 09 - 12,400 West Haverstraw, NY 10993 [email protected] Feb 09 - 9,200 Mar 09 - 9,000 Apr 09 - 8,060 May 09 - 5,700 Jun 09 - 5,200 Jul 09 - 4,100 Aug 09 - 3,500 Sept 09 - 4,500 Oct 09 - 6,800 85,690

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 108 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 36

ROCHESTER GAS & ELECTRIC TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

FIXED PRICE/FIRM SUPPLY 1. DMNA-AASF #2 Ronald Downs Nov 09 - 150 76 Patriot Way Tel. #: 585-783-5300 Dec 09 - 425 Rochester, NY 14624-5136 Fax #: 585-783-5308 Jan 10 - 475 [email protected] Feb 10 - 450 Mar 10 - 425 Apr 10 - 200 May 10 - 100 Jun 10 - 50 Jul 10 - 20 Aug 10 - 20 Sept 10 - 20 Oct 10 - 150 2,485

FIXED PRICE/FIRM SUPPLY 2. DMNA-OMS #11 Ronald Downs Nov 09 - 120 100 Patriot Way Tel. #: 585-783-5300 Dec 09 - 450 Rochester, NY 14624-5136 Fax #: 585-783-5308 Jan 10 - 450 [email protected] Feb 10 - 500 Mar 10 - 400 Apr 10 - 200 May 10 - 100 Jun 10 - 50 Jul 10 - 20 Aug 10 - 10 Sept 10 - 10 Oct 10 - 75 2,385

FIXED PRICE/FIRM SUPPLY 3. Fingerlakes DDSO John Edlich Nov 09 - 5,550 620 West Fall Road Tel. #: 585-461-8706 Dec 09 - 6,875 Rochester, NY 14620 Fax #: 585-461-5390 Jan 10 - 6,155 Feb 10 - 7,160 Mar 10 - 5,675 Apr 10 - 4,635 May 10 - 3,790 Jun 10 - 3,265 Jul 10 - 3,175 Aug 10 - 3,570 Sept 10 - 3,050 Oct 10 - 3,800 56,700

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 109 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 37

ROCHESTER GAS & ELECTRIC TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 1. NYS DOT Resident Engineer Nov 09 - 100 938 West Linden Avenue Tel. #: 585-586-1252 Dec 09 - 100 E. Rochester, NY 14445 Fax #: 585-586-5236 Jan 10 - 100 [email protected] Feb 10 - 100 Mar 10 - 100 Apr 10 - 100 May 10 - 100 Jun 10 - 100 Jul 10 - 100 Aug 10 - 100 Sept 10 - 100 Oct 10 - 100 1,200

INDEXED PRICE/FIRM SUPPLY 2. NYS DOT Resident Engineer Nov 09 - 100 2441 East Union Street Tel. #: 585-352-3471 Dec 09 - 100 Spencerport, NY 14559 Fax #: 585-352-6226 Jan 10 - 100 [email protected] Feb 10 - 100 Mar 10 - 100 Apr 10 - 100 May 10 - 100 Jun 10 - 100 Jul 10 - 100 Aug 10 - 100 Sept 10 - 100 Oct 10 - 100 1,200

INDEXED PRICE/FIRM SUPPLY 3. NYS DOT Mike Zalikowski Nov 09 - 250 (Equipment Management) Tel. #: 585-586-1252 Dec 09 - 300 2797 Clover Street Fax #: 585-586-5236 Jan 10 - 600 Pittsford, NY 14534 [email protected] Feb 10 - 580 Mar 10 - 440 Apr 10 - 180 May 10 - 90 Jun 10 - 65 Jul 10 - 5 Aug 10 - 5 Sept 10 - 5 Oct 10 - 160 2,680

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 110 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 37

ROCHESTER GAS & ELECTRIC TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 4. DMNA-State Armory Michael Savage Nov 09 - 350 42 Patriot Way Tel. #: 518-786-4552 Dec 09 - 550 Rochester, NY 14624 Fax #: 518-786-4400 Jan 10 - 350 [email protected] Feb 10 - 650 Mar 10 - 700 Apr 10 - 250 May 10 - 80 Jun 10 - 25 Jul 10 - 25 Aug 10 - 25 Sept 10 - 25 Oct 10 - 175 3,205

INDEXED PRICE/FIRM SUPPLY 5. DMNA-State Armory Ronald Downs Nov 09 - 79 1500 E. Henrietta Road Tel. #: 585-783-5300 Dec 09 - 125 Rochester, NY 14623 Fax #: 518-786-4400 Jan 10 - 194 [email protected] Feb 10 - 147 Mar 10 - 204 Apr 10 - 96 May 10 - 30 Jun 10 - 17 Jul 10 - 14 Aug 10 - 13 Sept 10 - 15 Oct 10 - 34 968

INDEXED PRICE/FIRM SUPPLY 6. Butler Correctional Facility Steven Sill Nov 09 - 938 14003 Westbury Cutoff Road Tel. #: 315-754-8001 Ext. 3950 Dec 09 - 1,442 Red Creek, NY 13143 Fax #: 315-754-8001 Ext. 3999 Jan 10 - 1,589 [email protected] Feb 10 - 1,356 Mar 10 - 1,356 Apr 10 - 1,052 May 10 - 538 Jun 10 - 268 Jul 10 - 186 Aug 10 - 186 Sept 10 - 371 Oct 10 - 704 9,986

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 111 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 37

ROCHESTER GAS & ELECTRIC TERRITORY (Cont’d)

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/FIRM SUPPLY 7. Butler Correctional Facility Steven Sill Nov 09 - 1,102 14003 Westbury Cutoff Road Tel. #: 315-754-8001 Ext. 3950 Dec 09 - 1,968 Red Creek, NY 13143 Fax #: 315-754-8001 Ext. 3999 Jan 10 - 2,201 [email protected] Feb 10 - 1,878 Mar 10 - 1,878 Apr 10 - 1,883 May 10 - 618 Jun 10 - 377 Jul 10 - 259 Aug 10 - 259 Sept 10 - 379 Oct 10 - 902 13,704

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 112 (Interruptible Supply – Indexed Price)

GENERAL INFORMATION (Cont’d)

DELIVERY SCHEDULE LOT 38

ST. LAWERENCE TERRITORY

Item Approx. 12 Mo. No. Customer Contact Vol. MMBtu's

INDEXED PRICE/INTERRUPTIBLE SUPPLY 1. OMH St. Lawrence Bruce Aldrich Nov 09 - 16,200 Psychiatric Center Tel. #: 315-541-2400 Dec 09 - 22,000 1 Chimney Point Drive Fax #: 315-541-2005 Jan 10 - 24,900 Ogdensburg, NY 13669 [email protected] Feb 10 - 19,900 Mar 10 - 18,600 Apr 10 - 14,200 May 10 - 11,800 Jun 10 - 11,500 Jul 10 - 12,500 Aug 10 - 13,000 Sept 10 - 10,600 Oct 10 - 12,700 187,900

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 113 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 1 - 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) 720 2. NYS DOT (Newburgh) 960 3. NYS DOT (Poughkeepsie) 4,145

LOT 1 - Total Quantities 5,825 $______(Items 1 - 3) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 1, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

NOTE TO BIDDERS: Bids must remain firm and cannot be withdrawn prior to close of business June 23, 2010. After that date, bids shall remain in effect until either a contract is awarded, or the bidder formally withdraws its bid, in writing. Customers shall be served, and natural gas supplied in accordance with all terms and conditions herein. Curtailments/interruptions will only be allowed as described in the General Information section of this Invitation for Bids. THE BIDDER SHALL ACKNOWLEDGE THESE REQUIREMENTS AS STATED ABOVE BY SIGNING HERE: ______Bidder Signature & Date

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 114 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 2 - 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 423,000

LOT 2 - Total Quantities 423,000 $______(Item 1) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 2, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 115 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 3 - 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 – State Armory (Peekskill) 4,170 2. Greenburgh (Police Headquarters) 1,705 3. Greenburgh (Town Hall) 2,150 4. Greenburgh (Recreation Dept.) 1,215 5. Greenburgh (Sprain Garage) 4,375 6. Greenburgh (Pump Station) 244 7. Greenburgh (Water & Sewer Dept.) 421 8 Town of Cortlandt 157 9. Town of Cortlandt 2,352 10. Town of Cortlandt 240

LOT 3 - Total Quantities 17,029 $______(Items 1 – 10) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 3, ITEMS 1 - 10: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 116 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 4 - DELIVERY TO CON EDISON TERRITORY 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. Westchester Co. Facility (Ossining) 4,035 2. Westchester Co. Facility (Elmsford) 25,636 3. Westchester Co. Env. Facility (Yonkers 2,302 4. Westchester Co. Env. Facility (Yonkers) 4,023 5. Westchester Co. Facility (Mt. Vernon) 33,195 6. Westchester Co. Facility (Mt. Vernon) 1,431 7. Westchester Co. Facility (Mt. Vernon) 1,122 8. Westchester Co. Facility (Mt. Vernon) 2,550 9. Westchester Co. Parks (Ardsley) 734 10. Westchester Co. Facility (New Rochelle) 4,256 11. Westchester Co. Parks (Rye) 165 12. Westchester Co. Parks (Mt. Vernon) 1,127 13. Westchester Co. Parks (White Plains) 302 14. Westchester Co. Parks (Yonkers) 205 15. Westchester Co. Parks (Yonkers) 96 16. Westchester Co. Parks (Yonkers) 252 17. Westchester Co. Parks (White Plains) 319 18. Westchester Co. Parks (White Plains) 277 19. Westchester Co. Parks (White Plains) 426 20. Westchester Co. Parks (Rye) 154 21. Westchester Co. Parks (Rye) 849 22. Westchester Co. Facility (Mt. Vernon) 74 23. Westchester Co. Facility (Yonkers) 549 24. Westchester Co. Facility (Mt. Vernon) 899 25. Westchester Co. Facility (Mt. Vernon) 117 26. Westchester Co. Facility (Port Chester) 284 27. Westchester Co. Facility (Valhalla) 1467 28. Westchester Co. Facility (Hawthorne) 222 29. Westchester Co. Parks (Rye) 103 30. Westchester Co. Parks (White Plains) 135

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 117 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 4 - DELIVERY TO CON EDISON CITY GATE (Cont’d)

INDEXED PRICE/FIRM SUPPLY

LOT 4 - Total Quantities 87,306 $______(Items 1 – 30) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 4, ITEMS 1 - 30: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 118 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 5 - 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 – State Armory 10,400 2. Queensboro Correctional Facility 34,612 3. Bedford Hills Correctional Facility 109,888 4. Westchester Co. DPW 36,755 5. Westchester Co. DPW 423,076 6. Peekskill City School 3,393

LOT 5 - Total Quantities 618,124 $______(Items 1 – 6) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 5, ITEMS 1 - 6: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 119 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 6 - DELIVERY TO KEYSPAN ENERGY/NATIONAL GRID (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) 600 2. NYS DOT (Hicksville) 360 3. NYS DOT (North Merrick) 960 4. NYS DOT (Central Islip) 3,570 5. DMNA-State Armory 2,985 6. DMNA-State Armory 1275 7. DMNA-State Armory 2,320

LOT 6 - Total Quantities 12,070 $______(Items 1 – 7) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 6, ITEMS 1 - 7: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 120 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 7 - DELIVERY TO KEYSPAN ENERGY/NATIONAL GRID (LONG ISLAND) 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. Pilgrim Psych. Center 159,100 2. Sagamore Children’s Psych. Center 8,270 3. Kings Park Psych. Center 5,180

LOT 7 - Total Quantities 172,550 $______(Items 1 – 3) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 7, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 121 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 8 - DELIVERY TO KEYSPAN ENERGY/ NATIONAL GRID (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. OMRDD – Brooklyn DDSO 1,070 2. OMRDD – Brooklyn DDSO 2,802

LOT 8 - Total Quantities 3,872 $______(Items 1 - 2) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 8, ITEMS 1 - 2: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 122 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 9 - DELIVERY TO KEYSPAN ENERGY/ NATIONAL GRID (NEW YORK) CITY GATE

INDEXED PRICE/FIRM SUPPLY

12 Months Basis Price* Approx. per MMBtu's Item Quantity Delivered to No. Agency MMBtu's LDC City Gate

1. DMNA – CSMS B 2,865 2. DMNA – State Armory 5,320 3. DMNA – OMS #14 1,150 4. DMNA – State Armory 1,150

LOT 9 - Total Quantities 10,485 $______(Items 1 - 4) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 9, ITEMS 1 - 4: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 123 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 10 - DELIVERY TO KEYSPAN ENERGY/ NATIONAL GRID (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 – State Armory 21,000 2. DMNA – State Armory 4,700 3. DMNA – State Armory 3,470 4. Brooklyn DDSO 30,623 5. Arthur Kill Correctional Facility 4,600

LOT 10 - Total Quantities 64,393 $______(Items 1 – 5) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 10, ITEMS 1 - 5: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 124 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 11 - DELIVERY TO NATIONAL FUEL 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 Multi Niagara 4,933 2. DMNA – State Armory 786 3. DMNA (Niagara Falls) 107 4. DMNA (Niagara Falls) 449 5. DMNA (Niagara Falls) 350 6. DMNA (Niagara Falls) 1,088 7. DMNA (Niagara Falls) 1,315 8. DMNA (Niagara Falls) 1,105 9. DMNA (Buffalo) 998

LOT 11 - Total Quantities 11,131 $______(Items 1 - 9) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 11, ITEMS 1 - 9: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 125 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 12 - DELIVERY TO NATIONAL FUEL TERRITORY 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 (Hornell) 2,040 2. NYS DOT (Depew) 1,320 3. NYS DOT Equipment Shop 720 4. DMNA – State Armory 4,260 5. NYS DOT (Hamburg) 840 6. NYS DOT (Hamburg) 3,025 7. NYS DOT (Mayville) 360 8. NYS DOT (Buffalo) 600 9. NYS DOT (Friendship) 1,080 10. NYS DOT (Salamanca) 600 11. NYS DOT (Hornell) 2,545 12. Wyoming Correctional Facility 2,065 13. OGS (Hornell) 1,811 14. OGS (Buffalo) 4,313 15. Gowanda Correctional Facility 317 16. Gowanda Correctional Facility 3,115 17. Gowanda Correctional Facility 3,445 18. Gowanda Correctional Facility 1,270

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 126 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 12 - DELIVERY TO NATIONAL FUEL CITY GATE (Cont’d)

INDEXED PRICE/FIRM SUPPLY

LOT 12 - Total Quantities 33,726 $______(Items 1 – 18) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 12, ITEMS 1 - 18: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 127 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 13 - DELIVERY TO NATIONAL FUEL- 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. Wyoming Correctional Facility 270,100 2. Western NY DDSO 41,282 3. Erie Co. Water Authority 7,254 4. Erie Co. Water Authority 7,104 5. Erie Co. Water Authority 5,392 6. DMNA – State Armory 7,650 7. DMNA – State Armory 10,495 8. City of Dunkirk 5,220

LOT 13 - Total Quantities 354,497 $______(Items 1 - 8) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 13, ITEMS 1 - 8: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 128 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 14 - DELIVERY TO NATIONAL FUEL 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 Buffalo Psych. Center 48,200 2. Collins Correctional Facility 210,290 3. Lakeview Correctional Facility 48,000

LOT 14 - Total Quantities 306,490 $______(Items 1 – 3) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 14, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 129 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 15 - DELIVERY TO NYSEG 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. Southport Correctional Facility 47,003 2. Auburn Correctional Facility 1,844

LOT 15 - Total Quantities 48,847 $______(Items 1 - 2) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 15, ITEMS 1 - 2: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 130 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 16 - DELIVERY TO NYSEG 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 – State Armory (Walton) 1,313 2. DMNA – State Armory (Olean) 1,895 3. DMNA – State Armory (Ithaca) 1,270

LOT 16 - Total Quantities 4,478 $______(Items 1 - 3) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 16, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 131 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 17 - DELIVERY TO NYSEG 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. Albion Corr. Fac. (W. State St. Service) 1,681 2. Albion Corr. Fac. (QWL Bldg. #40) 233 3. Albion Corr. Fac. (Warehouse Bldg. #41) 892

LOT 17 - Total Quantities 2,806 $______(Items 1 - 3) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 17, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 132 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 18 - DELIVERY TO NYSEG 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. Albion Correctional. Fac. (Annex Bldg.) 27,100 2. Orleans Correctional. Fac. 6,282

LOT 18 - Total Quantities 33,382 $______(Items 1 - 2) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 18, ITEMS 1 - 2: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 133 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 19 - DELIVERY TO NYSEG 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 OGS Homer Folks Facility 716 2. NYS OGS Homer Folks Bldg. #7 2,215 3. DMNA – State Armory 2,815 4. JM Murray Center 2,960 5. Cayuga Correctional Facility 1,188 6. NYS DOT (Polkville) 1,680 7. NYS DOT (Morrisville) 360 8. NYS DOT (Oneonta) 1,320 9. NYS DOT (Auburn) 360 10. NYS DOT (Oxford) 480 11. NYS DOT (Canandaigua) 480 12. NYS DOT (Newark) 600 13. NYS DOT (Horesheads) 1,080 14. JM Murray Center 4,495 15. NYS OMH 24,760

LOT 19 - Total Quantities 45,509 $______(Items 1 - 15) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 19, ITEMS 1 - 15: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 134 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 20 - DELIVERY TO NYSEG 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 OGS 7363 2. DMNA – State Armory 4,325 3. NYS DOT (Hancock) 720 4. NYS DOT (Owego) 960 5. NYS DOT (Binghamton) 6,165 6. NYS OMRDD 4,574

LOT 20 - Total Quantities 24,107 $______(Items 1 - 6) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 20, ITEMS 1 - 6: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

Bids must remain firm and cannot be withdrawn prior to close of business June 23, 2010. After that date, bids shall remain in effect until either a contract is awarded, or the bidder formally withdraws its bid, in writing. Customers shall be served, and natural gas supplied in accordance with all terms and conditions herein. Curtailments/interruptions will only be allowed as described in the General Information section of this Invitation for Bids. THE BIDDER SHALL ACKNOWLEDGE THESE REQUIREMENTS AS STATED ABOVE BY SIGNING HERE: ______Bidder Signature & Date

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 135 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 21 - DELIVERY TO NYSEG 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 (Cobleskill) 840 2. DMNA – State Armory 3,085 3. NYS DOT (Lockport) 840

LOT 21 - Total Quantities 4,765 $______(Items 1 - 3) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 21, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 136 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 22 - DELIVERY TO NYSEG 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. Cayuga Correctional Facility 64,384 2. Five Points Correctional Facility 78,000 3. Auburn Correctional Facility 169,123

LOT 22 - Total Quantities 311,507 $______(Items 1 - 3) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 22, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 137 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 23 - DELIVERY TO NYSEG 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. Albion Correctional Facility 126,800

LOT 23 - Total Quantities 126,800 $______(Item 1) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 23, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 138 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 24 - DELIVERY TO NYSEG 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. Binghamton Psych. Center 78,000 2. Broome Developmental Center 60,470

LOT 24 - Total Quantities 138,470 $______(Items 1 - 2) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 24, ITEMS 1 - 2: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 139 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 25 - 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 – NYARN6 680 2. Lansingburgh CSD (District Office) 1,928 3. Lansingburgh CSD (Renss. Park Elem.) 3,236 4. Lansingburgh CSD (Turnpike Elem.) 3,566 5. Lansingburgh CSD (High School) 5,620 6. Lansingburgh CSD (Knickerbacker MS) 6,023 7. NYS Dept. of Ag. & Markets 3,090 8. Heritage Home for Women 1,424 9. DMNA – State Armory 1,055 10. NYS DOT (Fleet Admin.) 4,764

LOT 25 - Total Quantities 31,386 $______(Items 1 - 10) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 25, ITEMS 1 - 10: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 140 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 26 - 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 – State Armory (Latham) 4,810 2. NYS DOT (Waterford) 3,920 3. NYS DOT (Latham) 1,080 4. NYS DOT (Hudson) 1,080 5. NYS DOT (Hudson Falls) 720 6. NYS DOH (Griffin Lab) 6,100 7. NYS DOH (Griffin Lab) 286 8. NYS DOH (Griffin Lab) 420 9. NYS DOT (Defreestville) 1,680 10. NYS DOT (Clifton Park) 600 11. DMNA – Historical Museum 2,650 12. NYS DOT (Saratoga) 840 13. NYS DOT (Voorheesville) 600 14. DASNY (Delmar) 863 15. DASNY (Albany) 3,791

LOT 26 - Total Quantities 29,440 $______(Items 1 - 15) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 26, ITEMS 1 - 15: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 27 - DELIVERY TO NATIONAL GRID TERRITORY(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. Hudson Correctional Facility 66,300 2. DOH Wadsworth Labs 65,500 3. University of Albany 18,005 4. OMRDD – Capital District DDSO 51,765

LOT 27 - Total Quantities 201,570 $______(Items 1 - 4) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 27, ITEMS 1 - 4: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 142 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 28 - DELIVERY TO NATIONAL GRID (WEST 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 – OMS #5 845 2. DMNA – State Armory 1,550 3. DMNA – OMS #6 885 4. Gloversville-Johnstown 6,500 5. DMNA – State Armory 1,600

LOT 28 - Total Quantities 11,380 $______(Items 1 - 5) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 28, ITEMS 1 - 5: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 143 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 29 - DELIVERY TO NATIONAL GRID (WEST 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. Watertown Correctional Facility 50,330

LOT 29 - Total Quantities 50,330 $______(Item 1) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 29, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 144 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 30 - DELIVERY TO NATIONAL GRID (WEST 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 State Armory (Utica) 6,040 2. DMNA State Armory (Rome) 2,955 3. DMNA State Armory (Gloversville) 2,815 4. NYS DOT (Fultonville) 840 5. NYS DOT (Oneida Co.) 720 6. NYS DOT (Utica) 600 7. NYS DOT (Utica) 2,365 8. NYS DOT (Watertown) 960 9. NYS DOT (Watertown) 3,820 10. Marcy Correctional Facility 15,120 11. Marcy Correctional Facility 223 12. Marcy Correctional Facility (Warehouse) 105 13. Marcy Correctional Facility 364 14. Marcy Correctional Facility (Bldg. #44) 310 15. Oneida Herkimer Solid 3,993 16. Oneida Herkimer Solid 1,578 17. Oneida Herkimer Solid 301 18. NYS School for the Deaf 10,720 19. NYS School for the Deaf 1,736 20. Oneida Co. (Utica) 723 21. Oneida Co. (Westmoreland) 438 22. Oneida Co. (Utica) 6,010 23. Oneida Co. (Rome) 1,323 24. Oneida Co. (Utica) 9,368 25. Oneida Co. (Rome) 1,650 26. Oneida Co. (Utica) 456 27. Oneida Co. (Oriskany) 541 28. Oneida Co. (Oriskany) 3,545 29. NYS DOT (Mexico) 960 30. NYS DOT (Camillus) 720 31. NYS DOT (Kingston) 600 32. Oneida Co. (Oriskany) 2,852 33. Oneida Co. (Rome) 433 34. Oneida Co. (Oriskany) 870

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 145 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 30 - DELIVERY TO NATIONAL GRID (WEST GATE) CITY GATE (Cont’d)

INDEXED PRICE/FIRM SUPPLY

LOT 30 - Total Quantities 86,054 $______(Items 1 – 34) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 30, ITEMS 1 - 34: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 146 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 31 - DELIVERY TO NATIONAL GRID (WEST 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. OGS Dulles SOB 6,479 2. OGS Utica SOB 10,250 3. OGS (Syracuse) 5,518 4. NYS DOT 4,170

LOT 31 - Total Quantities 26,417 $______(Items 1 - 4) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 31, ITEMS 1 - 4: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 147 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 32 - DELIVERY TO NATIONAL GRID (WEST 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. Mohawk Valley Comm. College 38,850

LOT 32 - Total Quantities 38,850 $______(Item 1) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 32, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 148 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 33 - DELIVERY TO NATIONAL GRID (WEST 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. OMH Mohawk Valley Psych. Center 54,000 2. OMH Hutchings Psych. Center 23,690 3 Mohawk Correctional Facility 330,380 4. Mid- State Correctional Facility 275,500 5. Oneida Co. (Utica) 10,092 6. Oneida Co. (Utica) 3,996

LOT 33 - Total Quantities 697,658 $______(Items 1 - 6) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 33, ITEMS 1 - 6: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 149 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 34 - 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 1,320 2. DMNA – State Armory 2,110

LOT 34 - Total Quantities 3,430 $______(Items 1 - 2) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 34, ITEMS 1 - 2: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 150 (Interruptible Supply – Indexed Price)

PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY’S NAME IN THE BOX ⇒ ⇒ ⇒ ⇒ ⇒ ⇒

LOT 35 - 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. Helen Hayes Hospital 85,690

LOT 35 - Total Quantities 85,690 $______(Item 1) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 35, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

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LOT 36 - DELIVERY TO ROCHESTER 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. DMNA – AASF #2 2,485 2. DMNA – OMS #11 2,385 3. Fingerlakes DDSO 56,700

FIXED PRICE/FIRM SUPPLY

LOT 36 - Total Quantities 61,570 $______(Items 1 - 3) (FIXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 36, ITEMS 1 - 3: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

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LOT 37 - DELIVERY TO ROCHESTER 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 (E. Rochester) 1,200 2. NYS DOT (E. Rochester) 1,200 3. NYS DOT (E. Rochester) 2,680 4. DMNA – State Armory 3,205 5. DMNA – State Armory 968 6. Butler Correctional Facility 9,986 7. Butler Correctional Facility 13,704

LOT 37 - Total Quantities 32,943 $______(Items 1 - 7) (INDEXED PRICE/FIRM SUPPLY)

TOTAL BID, LOT 37, ITEMS 1 - 7: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

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LOT 38 - DELIVERY TO ST. LAWRENCE 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 St. Lawrence 187,900

LOT 38 - Total Quantities 187,900 $______(Item 1) (INDEXED PRICE/INTERRUPTIBLE SUPPLY)

TOTAL BID, LOT 38, ITEM 1: $______

*Cost shall reflect all shrinkage including Fuel Retaining Losses, GRI surcharge, etc.

(All prices to be carried to the 4th decimal place)

Indicate Location where natural gas is produced: ______

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Dominion Transmission, Inc. (DTI) receipt points south of Valley Gate will not be accepted in the bid process, unless the bidder holds Primary Firm Capacity that can deliver gas south of Valley Gate to north of Valley Gate during the winter months. (November 1st to March 31st)

NAME PRIMARY PIPELINE VOLUME OF TRANSPORTING AGREEMENT FLOWED LOT LDC PIPELINE NUMBER 2009 Central Hudson 1 - 2 Gas & Electric

3 - 5 Con Edison Keyspan Energy 6 - 7 Delivery (Long Island) Keyspan Energy 8 - 10 Delivery (New York) National Fuel 11 - 14 Distribution New York State 15 - 24 Electric & Gas

25 – 27 National Grid (East)

28 - 33 National Grid (West)

34 – 35 Orange and Rockland Rochester 36 - 37 Gas & Electric

38 St Lawrence

ALTERNATE NAME ALTERNATE PIPELINE VOLUME OF TRANSPORTING AGREEMENT FLOWED LOT LDC PIPELINE NUMBER 2009 Central Hudson 1 - 2 Gas & Electric

3 - 5 Con Edison Keyspan Energy 6 - 7 Delivery (Long Island) Keyspan Energy 8 - 10 Delivery (New York) National Fuel 11 - 14 Distribution New York State 15 - 24 Electric & Gas

25– 27 National Grid (East)

28 - 33 National Grid (West)

34 – 35 Orange and Rockland Rochester 36 - 37 Gas & Electric

38 St Lawrence

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NOTES TO BIDDERS: FAILURE TO ANSWER THE QUESTIONS WILL DELAY THE EVALUATION OF YOUR BID AND MAY RESULT IN REJECTION OF YOUR BID.

• Are prices quoted the same as or lower than those quoted other corporations, institutions and government agencies (including GSA/VA contracts) on similar products, quantities, terms and conditions? See "Best Pricing Offer" in Appendix B, OGS General Specifications. If "NO", please explain on a separate sheet. _____ YES _____ NO

• Do you have a contract with the General Services Administration (GSA) or Veterans Affairs (VA) for products offered? (Check all that apply.) _____ GSA _____ VA _____ NO

If yes, will you offer New York State pricing equal to or better than your GSA or VA pricing? _____ GSA _____ VA _____ NO

If yes, a copy of the GSA or VA schedule is required. Have you included a copy? _____ GSA _____ VA _____ NO

• Is this product available only on a "direct from the manufacturer basis" or can pricing be obtained from dealers or distributors? Check one: ___ Manufacturer ___ Other

If you are a manufacturer and have checked "Other", please attach listing of authorized dealers and distributors. _____ YES _____ NO

• Does bidder offer Electronic Access Ordering (EDI)? _____ YES _____ NO

• If awarded a contract, will bidder accept the New York State Procurement Card for orders not to exceed $15,000.00? _____ YES _____ NO

• If bidder limits the maximum acceptable card amount to less than $15,000, please indicate the maximum amount: $______

Additional discount for purchases made with the NYS Procurement Card: _____ %

• Are any products offered manufactured from recycled _____ YES _____ NO materials?

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NOTES TO BIDDERS: (Cont’d)

• Person or persons to contact for expediting New York State contract orders: Name:

Title:

Telephone Number: ( )

Toll Free Telephone Number: ( )

Fax Number: ( )

Toll Free Fax Number: ( )

E-Mail Address:

• Person or persons to contact in the event of an emergency occurring after business hours or on weekend/holidays:

State Normal Business Hours (Specify M-F, Sat, Sun):

Name:

Title:

Telephone Number: ( )

Fax Number: ( )

Pager Number: ( )

Cellular Telephone Number: ( )

E-Mail Address:

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BIDDERS PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. Is your company a Minority or Women-Owned Business Enterprise, certified in accordance with Article 15A of the New York State Executive Law as defined below? ______YES ______NO

2. Is your company listed in the Empire State Development Directory of Certified Minority and Women Owned Businesses? ______YES ______NO http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp MINORITY-OWNED WOMEN-OWNED NOTE: Contractors certified and listed in the Empire State MINORITY AND WOMEN-OWNED Development’s Directory of Certified Minority and Women- Owned Business Enterprises* will be identified by OGS as MBEs and/or WBEs in the OGS Contract Award Notification upon award of the contract.

*For further information and or application please contact New York State Department of Economic Development, Division of Minority and Women-Owned Business Enterprise at 518-292-5250 (Albany) or 212-803-2414 (New York City).

"Minority or Women-Owned Business Enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is:

(a) at least fifty-one percent owned and controlled by the minority members and/or women; (b) an enterprise in which such minority and/or women ownership interest is real, substantial and continuing; (c) an enterprise in which such minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; and (d) an enterprise independently owned, operated and authorized to do business in New York State.

3. Is your company a New York Small Business Concern as defined in accordance with Article 11 of the New York State Finance Law? ______YES ______NO

"Small Business Concern" means a business which: (a) is resident in New York State; (b) is independently owned and operated; (c) is not dominant in its field; and, (d) employs one hundred or fewer persons.

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4. Total number of people employed by your business in New York State:

5. PLACE OF MANUFACTURE OF PRODUCT(S) BID: (Indicate Yes or No for either A, B or C)

A. All NYS Manufactured ______YES ______NO B. All Manufactured outside NYS ______YES ______NO C. Manufactured In NYS and Outside NYS ______YES ______NO If yes to C above, Location (State) where more than half the value is added to the product(s) bid: State of ______

6. BIDDER’S PRINCIPAL PLACE OF BUSINESS*: State of ______

*"Principal Place of Business" is the location of the primary control, direction and management of the enterprise.

7. "NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND: MacBRIDE FAIR EMPLOYMENT PRINCIPLES"

In accordance with Section 165 of the State Finance Law, the bidder, by submission of this bid, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in the bidder, either:

(Answer Yes or No to one or both of the following, as applicable),

A. have business operations in Northern Ireland: ______YES ______NO

If yes,

B. shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of compliance ______YES ______NO with such Principles.

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8. BIDDER/OFFERER DISCLOSURE OF PRIOR NON- RESPONSIBILITY DETERMINATIONS Pursuant to Procurement Lobbying Law (SFL §139-j) A. Has any Governmental Entity made a finding of non- responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four ______YES ______NO years? If yes, please answer the following question:

B. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j? ______YES ______NO

C. If yes, was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? ______YES ______NO If yes, please provide details regarding the finding of non- responsibility: Governmental Entity:

Date of Finding of Non-responsibility:

Basis of Finding of Non-Responsibility: (add additional pages if necessary)

D. Has any governmental agency terminated or withheld a procurement contract with the above-named individual or entity due to the intentional provision of false or incomplete information? ______YES ______NO If yes, please provide details: Governmental Entity:

Date of Termination or Withholding of Contract:

Basis of Termination or Withholding: (add additional pages if necessary)

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Appendix 1 {Revised: March 2009}

New York State Standard Vendor Responsibility Questionnaire (Use the Uniform Contracting Questionnaire CCA-1, for all construction contracts)

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New York State Standard Vendor Responsibility Questionnaire

1. LEGAL BUSINESS NAME:

2. FEDERAL EMPLOYER ID NO. (FEIN):

3. D/B/A — Doing Business As (if applicable): COUNTY FILED:

4. WEBSITE ADDRESS (if applicable):

5. PRINCIPAL PLACE OF BUSINESS ADDRESS:

6. TELEPHONE NUMBER: ______7. FAX NUMBER:

8. AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE: Name: Title: Telephone Number: Fax Number: E-mail:

10. IF NOT INCORPORATED OR FORMED IN NEW YORK STATE, PLEASE PROVIDE A CURRENT CERTIFICATE OF GOOD STANDING FROM YOUR STATE OR APPLICABLE LOCAL JURISDICTION.

12. AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT: Name: Title: Telephone Number: Fax Number: E-mail:

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New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

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New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

FOR EACH YES ANSWER TO QUESTIONS 14 a-s, PROVIDE DETAILS ON ADDITIONAL SHEETS REGARDING THE FINDING, INCLUDING BUT NOT LIMITED TO CAUSE, CURRENT STATUS, RESOLUTION, ETC.

(b) FILE RETURNS OR PAY NEW YORK STATE UNEMPLOYMENT INSURANCE? Yes No If yes, indicate the years the company failed to file/pay the insurance and the current status of the liability:

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New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

17. DOES VENDOR HAVE THE FINANCIAL RESOURCES NECESSARY TO FULFILL THE REQUIREMENTS OF THE PROPOSED CONTRACT? Yes No

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New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

State of ) ) ss: County of )

CERTIFICATION:

Name of Business Signature of Officer

Address Typed Copy of Signature

City, State, Zip Title

Sworn to before me this day of ______20 .

Notary Public: Registration No: State:

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Appendix 2

New York State Department of Taxation and Finance

Contractor Certification (ST-220-TD) {Updated 01/08} Contractor Certification to Covered Agency (ST-220-CA)

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New York State Department of Taxation and Finance ST-220-TD (5/07) Contractor Certification (Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006)

For information, consult Publication 223, Question and Answers Concerning Tax Law Section 5-a (see Need help? below). Contractor name

Contractor’s principal place of business City State ZIP code

Contractor’s mailing address (if different than above)

Contractor's federal employer identification number (EIN) Contractor's sales tax ID number (if different from contractor's EIN) Contractor's telephone number

( ) Covered agency name Contract number or description Estimated contract value over the full term of the OGS PSG contract (but not including renewals) $ N/A Covered agency address Covered agency telephone number Corning Tower, The Governor Nelson A. Rockefeller Plaza, Albany, NY 12242

General information Privacy notification Section 5-a of the Tax Law, as amended, effective April 26, 2006, The Commissioner of Taxation and Finance may collect and maintain personal requires certain contractors awarded certain state contracts valued at information pursuant to the New York State Tax Law, including but not limited more than $100,000 to certify to the Tax Department that they are to, sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 registered to collect New York State and local sales and compensating of that Law; and may require disclosure of social security numbers pursuant to use taxes, if they made sales delivered by any means to locations 42 USC 405(c)(2)(C)(i). within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured This information will be used to determine and administer tax liabilities and, over a specified period. In addition, contractors must certify to the Tax when authorized by law, for certain tax offset and exchange of tax information Department that each affiliate and subcontractor exceeding such sales programs as well as for any other lawful purpose. threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. Contractors must Information concerning quarterly wages paid to employees is provided to certain also file a Form ST-220-CA, certifying to the procuring state entity state agencies for purposes of fraud prevention, support enforcement, evaluation that they filed Form ST-220-TD with the Tax Department and that the of the effectiveness of certain employment and training programs and other information contained on Form ST-220-TD is correct and complete as purposes authorized by law. of the date they file Form ST-220-CA. Failure to provide the required information may subject you to civil or criminal All sections must be completed including all fields on the top of this penalties, or both, under the Tax Law. page, all sections on page 2, Schedule A on page 3, if applicable, and Individual, Corporation, Partnership, or LLC Acknowledgement on This information is maintained by the Director of Records Management and Data page 4. If you do not complete these areas, the form will be returned Entry, NYS Tax Department, W A Harriman Campus, Albany NY 12227. to you for completion. For more detailed information regarding this form and section 5-a of Need Help? the Tax Law, see Publication 223, Questions and Answers Concerning Internet access: www.nystax.gov Tax Law Section 5-a, (as amended, effective April 26, 2006), available (for information, forms, and publications) at www.nystax.gov. Information is also available by calling the Tax Department’s Contractor Information Center at 1 800 698-2931. Fax-on-demand forms: 1 800 748-3676

Note: Form ST-220-TD must be signed by a person authorized to Telephone assistance is available from make the certification on behalf of the contractor, and the 8:00 A.M. to 5:00 P.M. (eastern time), acknowledgement on page 4 of this form must be completed before a Monday through Friday. notary public. To order forms and publications: 1 800 462-8100

Mail completed form to: Sales Tax Information Center: 1 800 698-2909

NYS TAX DEPARTMENT From areas outside the U.S. and outside Canada: (518) 485-6800 DATA ENTRY SECTION Hearing and speech impaired (telecommunications device for the W A HARRIMAN CAMPUS deaf (TDD) callers only): 1 800 634-2110 ALBANY NY 12227 Persons with disabilities: In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, please call 1 800 972-1233.

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Page 2 of 4 ST-220-TD (5/07)

I, ______, hereby affirm, under penalty of perjury, that I am ______(name) ( title) of the above-named contractor, and that I am authorized to make this certification on behalf of such contractor.

Complete Sections 1, 2, 3 below. Make only one entry in each section below.

Section 1 - Contractor registration status The contractor has made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made. The contractor is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law, and is listed on Schedule A of this certification.

The contractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Section 2 - Affiliate registration status The contractor does not have any affiliates.

To the best of the contractor’s knowledge, the contractor has one or more affiliates having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each affiliate exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each affiliate exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

To the best of the contractor’s knowledge, the contractor has one or more affiliates, and each affiliate has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Section 3 - Subcontractor registration status The contractor does not have any subcontractors.

To the best of the contractor’s knowledge, the contractor has one or more subcontractors having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

To the best of the contractor’s knowledge, the contractor has one or more subcontractors, and each subcontractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Sworn to this______day of ______, 20 ____

(sign before a notary public) (title)

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ST-220-TD (5/07) Page 3 of 4

Schedule A - Listing of each entity (contractor, affiliate, or subcontractor) exceeding $300,000 cumulative sales threshold

List the contractor, or affiliate, or subcontractor in Schedule A only if such entity exceeded the $300,000 cumulative sales threshold during the specified sales tax quarters. See directions below. For more information, see Publication 223.

A B C D E F Relationship to Name Address Federal ID Sales Tax ID Number Registration Contractor Number In Progress

Column A - Enter C in column A if the contractor; A if an affiliate of the contractor; or S if a subcontractor.

Column B - Name - If the entity is a corporation or limited liability company, enter the exact legal name as registered with the NY Department of State, if applicable. If the entity is a partnership or sole proprietor, enter the name of the partnership and each partner’s given name, or the given name(s) of the owner(s), as applicable. If the entity has a different DBA (doing business as) name, enter that name as well.

Column C - Address - Enter the street address of the entity’s principal place of business. Do not enter a PO box.

Column D - ID number - Enter the federal employer identification number (EIN) assigned to the entity. If the entity is an individual, enter the social security number of that person.

Column E - Sales tax ID number - Enter only if different from federal EIN in column D.

Column F - If applicable, enter an X if the entity has submitted Form DTF-17 to the Tax Department but has not received its certificate of authority as of the date of this certification.

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Page 4 of 4 ST-220-TD (5/07)

Individual, Corporation, Partnership, or LLC Acknowledgment

STATE OF } : SS.: COUNTY OF }

On the ______day of ______in the year 20___, before me personally appeared known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that

_he resides at ,

Town of ,

County of , State of ; and further that:

[Mark an X in the appropriate box and complete the accompanying statement.]

(If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

(If a corporation): _he is the of , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

(If a partnership): _he is a of , the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

(If a limited liability company): _he is a duly authorized member of LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary Public

Registration No.

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ST-220-CA (6/06) New York State Department of Taxation and Finance

Contractor Certification to Covered Agency (Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006)

For information, consult Publication 223, Question and Answers Concerning Tax Law Section 5-a (see Need Help? on back). Contractor name For covered agency use only Contract number or description

Contractor’s principal place of business City State ZIP code

Contractor’s mailing address (if different than above) Estimated contract value over the full term of contract (but not including renewals) Contractor's federal employer identification number (EIN) Contractor's sales tax ID number (if different from contractor's EIN)

$ Contractor's telephone number Covered agency name

( ) Covered agency address Covered agency telephone number

I, ______, hereby affirm, under penalty of perjury, that I am ______(name) (title) of the above-named contractor, that I am authorized to make this certification on behalf of such contractor, and I further certify that: (Mark an X in only one box)

The contractor has filed Form ST-220-TD with the Department of Taxation and Finance in connection with this contract and, to the best of contractor’s knowledge, the information provided on the Form ST-220-TD, is correct and complete.

The contractor has previously filed Form ST-220-TD with the Tax Department in connection with (insert contract number or description) and, to the best of the contractor’s knowledge, the information provided on that previously filed Form T-220-TD, is correct and complete as of the current date, and thus the contractor is not required to file a new Form ST-220-TD at this time.

Sworn to this______day of ______, 20 ____

(sign before a notary public) (title)

Instructions

General Information Note: Form ST-220-CA must be signed by a person authorized to make the Tax Law section 5-a was amended, effective April 26, 2006. On or after that certification on behalf of the contractor, and the acknowledgement on page 2 date, in all cases where a contract is subject to Tax Law section 5-a, a of this form must be completed before a notary public. contractor must file (1) Form ST-220-CA, Contractor Certification to Covered Agency, with a covered agency, and (2) Form ST-220-TD with the Tax When to complete this form Department before a contract may take effect. The circumstances when a As set forth in Publication 223, a contract is subject to section 5-a, and you contract is subject to section 5-a are listed in Publication 223, Q&A 3. This must make the required certification(s), if: publication is available on our Web site, by fax, or by mail. (See Need help? for more information on how to obtain this publication.) In addition, a contractor i. The procuring entity is a covered agency within the meaning of the statute must file a new Form ST-220-CA with a covered agency before an existing (see Publication 223, Q&A 5); contract with such agency may be renewed. ii. The contractor is a contractor within the meaning of the statute (see If you have questions, please call our information center at 1 800 698-2931. Publication 223, Q&A 6); and

iii. The contract is a contract within the meaning of the statute. This is the case when it (a) has a value in excess of $100,000 and (b) is a contract for commodities or services, as such terms are defined for purposes of the statute (see Publication 223, Q&A 8 and 9).

Furthermore, the procuring entity must have begun the solicitation to purchase on or after January 1, 2005, and the resulting contract must have been awarded, amended, extended, renewed, or assigned on or after April 26, 2006 (the effective date of the section 5-a amendments).

(continued) 21998i.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) PAGE 173 (Interruptible Supply – Indexed Price)

Page 2 of 2 ST-220-CA (6/06)

Individual, Corporation, Partnership, or LLC Acknowledgment

STATE OF } : SS.: COUNTY OF }

On the day ______of ______in the year 20___, before me personally appeared known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that

_he resides at ,

Town of ,

County of ,

State of ; and further that:

[Mark an X in the appropriate box and complete the accompanying statement.]

(If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

(If a partnership): _he is the of , the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

Notary Public

Registration No.

Privacy notification Need Help? The Commissioner of Taxation and Finance may collect and maintain personal information Internet access: www.nystax.gov pursuant to the New York State Tax Law, including but not limited to, sections 5-a, 171, (for information, forms, and publications) 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i). Fax-on-demand forms: 1 800 748-3676 This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as well as for any other lawful purpose. Telephone assistance is available from 8:00 A.M. to 5:00 P.M. (eastern time), Information concerning quarterly wages paid to employees is provided to certain state Monday through Friday. 1 800 698-2931 agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes authorized To order forms and publications: 1 800 462-8100 by law. From areas outside the U.S. and outside Canada: (518) 485-6800 Failure to provide the required information may subject you to civil or criminal penalties, or both, under the Tax Law. Hearing and speech impaired (telecommunications device for the

This information is maintained by the Director of Records Management and Data Entry, deaf (TDD) callers only): 1 800 634-2110 NYS Tax Department, W A Harriman Campus, Albany NY 12227; telephone 1 800 225- 5829. From areas outside the United States and outside Canada, call (518) 485-6800. Persons with disabilities: In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, please call 1 800 972-1233.

(continued) 21998i.doc/T03md NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE.

June, 2006 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

TABLE OF CONTENTS

1. Executory Clause 2. Non-Assignment Clause 3. Comptroller’s Approval 4. Workers’ Compensation Benefits 5. Non-Discrimination Requirements 6. Wage and Hours Provisions 7. Non-Collusive Bidding Certification 8. International Boycott Prohibition 9. Set-Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of 1992 21. Reciprocity and Sanctions Provisions 22. Purchases of Apparel

June, 2006 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

STANDARD CLAUSES FOR NYS CONTRACTS performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or The parties to the attached contract, license, lease, amendment or Section 239 as well as possible termination of this contract and other agreement of any kind (hereinafter, "the contract" or "this forfeiture of all moneys due hereunder for a second or subsequent contract") agree to be bound by the following clauses which are hereby violation. made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, 6. WAGE AND HOURS PROVISIONS. If this is a public work lessee or any other party): contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees 1. EXECUTORY CLAUSE. In accordance with Section 41 of the nor the employees of its subcontractors may be required or permitted to State Finance Law, the State shall have no liability under this contract to work more than the number of hours or days stated in said statutes, the Contractor or to anyone else beyond funds appropriated and except as otherwise provided in the Labor Law and as set forth in available for this contract. prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of least the prevailing wage rate and pay or provide the prevailing the State Finance Law, this contract may not be assigned by the supplements, including the premium rates for overtime pay, as Contractor or its right, title or interest therein assigned, transferred, determined by the State Labor Department in accordance with the Labor conveyed, sublet or otherwise disposed of without the previous consent, Law. in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance however, assign its right to receive payment without the State's prior with Section 139-d of the State Finance Law, if this contract was written consent unless this contract concerns Certificates of Participation awarded based upon the submission of bids, Contractor affirms, under pursuant to Article 5-A of the State Finance Law. penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 that, at the time Contractor submitted its bid, an authorized and of the State Finance Law (or, if this contract is with the State University responsible person executed and delivered to the State a non-collusive or City University of New York, Section 355 or Section 6218 of the bidding certification on Contractor's behalf. Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any with Section 220-f of the Labor Law and Section 139-h of the State amount to a contract which, as so amended, exceeds said statutory Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a amount, or if, by this contract, the State agrees to give something other material condition of the contract, that neither the Contractor nor any than money when the value or reasonably estimated value of such substantially owned or affiliated person, firm, partnership or corporation consideration exceeds $10,000, it shall not be valid, effective or binding has participated, is participating, or shall participate in an international upon the State until it has been approved by the State Comptroller and boycott in violation of the federal Export Administration Act of 1979 filed in his office. Comptroller's approval of contracts let by the Office (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such of General Services is required when such contracts exceed $85,000 Contractor, or any of the aforesaid affiliates of Contractor, is convicted (State Finance Law Section 163.6.a). or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any 4. WORKERS' COMPENSATION BENEFITS. In accordance with other appropriate agency of the United States subsequent to the Section 142 of the State Finance Law, this contract shall be void and of contract's execution, such contract, amendment or modification thereto no force and effect unless the Contractor shall provide and maintain shall be rendered forfeit and void. The Contractor shall so notify the coverage during the life of this contract for the benefit of such State Comptroller within five (5) business days of such conviction, employees as are required to be covered by the provisions of the determination or disposition of appeal (2NYCRR 105.4). Workers' Compensation Law. 9. SET-OFF RIGHTS. The State shall have all of its common law, 5. NON-DISCRIMINATION REQUIREMENTS. To the extent equitable and statutory rights of set-off. These rights shall include, but required by Article 15 of the Executive Law (also known as the Human not be limited to, the State's option to withhold for the purposes of set- Rights Law) and all other State and Federal statutory and constitutional off any moneys due to the Contractor under this contract up to any non-discrimination provisions, the Contractor will not discriminate amounts due and owing to the State with regard to this contract, any against any employee or applicant for employment because of race, other contract with any State department or agency, including any creed, color, sex, national origin, sexual orientation, age, disability, contract for a term commencing prior to the term of this contract, plus genetic predisposition or carrier status, or marital status. Furthermore, any amounts due and owing to the State for any other reason including, in accordance with Section 220-e of the Labor Law, if this is a contract without limitation, tax delinquencies, fee delinquencies or monetary for the construction, alteration or repair of any public building or public penalties relative thereto. The State shall exercise its set-off rights in work or for the manufacture, sale or distribution of materials, equipment accordance with normal State practices including, in cases of set-off or supplies, and to the extent that this contract shall be performed within pursuant to an audit, the finalization of such audit by the State agency, the State of New York, Contractor agrees that neither it nor its its representatives, or the State Comptroller. subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State 10. RECORDS. The Contractor shall establish and maintain complete citizen who is qualified and available to perform the work; or (b) and accurate books, records, documents, accounts and other evidence discriminate against or intimidate any employee hired for the directly pertinent to performance under this contract (hereinafter, performance of work under this contract. If this is a building service collectively, "the Records"). The Records must be kept for the balance contract as defined in Section 230 of the Labor Law, then, in accordance of the calendar year in which they were made and for six (6) additional with Section 239 thereof, Contractor agrees that neither it nor its years thereafter. The State Comptroller, the Attorney General and any subcontractors shall by reason of race, creed, color, national origin, age, other person or entity authorized to conduct an examination, as well as sex or disability: (a) discriminate in hiring against any New York State the agency or agencies involved in this contract, shall have access to the citizen who is qualified and available to perform the work; or (b) Records during normal business hours at an office of the Contractor discriminate against or intimidate any employee hired for the Page 1 June, 2006 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A within the State of New York or, if no such office is available, at a employment, job assignment, promotion, upgradings, demotion, mutually agreeable and reasonable venue within the State, for the term transfer, layoff, or termination and rates of pay or other forms of specified above for the purposes of inspection, auditing and copying. compensation; The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 (b) at the request of the contracting agency, the Contractor shall request of the Public Officers Law (the "Statute") provided that: (i) the each employment agency, labor union, or authorized representative of Contractor shall timely inform an appropriate State official, in writing, workers with which it has a collective bargaining or other agreement or that said records should not be disclosed; and (ii) said records shall be understanding, to furnish a written statement that such employment sufficiently identified; and (iii) designation of said records as exempt agency, labor union or representative will not discriminate on the basis under the Statute is reasonable. Nothing contained herein shall of race, creed, color, national origin, sex, age, disability or marital status diminish, or in any way adversely affect, the State's right to discovery in and that such union or representative will affirmatively cooperate in the any pending or future litigation. implementation of the contractor's obligations herein; and

11. IDENTIFYING INFORMATION AND PRIVACY (c) the Contractor shall state, in all solicitations or advertisements for NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION employees, that, in the performance of the State contract, all qualified NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All applicants will be afforded equal employment opportunities without invoices or New York State standard vouchers submitted for payment discrimination because of race, creed, color, national origin, sex, age, for the sale of goods or services or the lease of real or personal property disability or marital status. to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is Contractor will include the provisions of "a", "b", and "c" above, in either the payee's Federal employer identification number or Federal every subcontract over $25,000.00 for the construction, demolition, social security number, or both such numbers when the payee has both replacement, major repair, renovation, planning or design of real such numbers. Failure to include this number or numbers may delay property and improvements thereon (the "Work") except where the payment. Where the payee does not have such number or numbers, the Work is for the beneficial use of the Contractor. Section 312 does not payee, on its invoice or New York State standard voucher, must give the apply to: (i) work, goods or services unrelated to this contract; or (ii) reason or reasons why the payee does not have such number or numbers. employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider (b) PRIVACY NOTIFICATION. (1) The authority to request the compliance by a contractor or subcontractor with the requirements of above personal information from a seller of goods or services or a lessor any federal law concerning equal employment opportunity which of real or personal property, and the authority to maintain such effectuates the purpose of this section. The contracting agency shall information, is found in Section 5 of the State Tax Law. Disclosure of determine whether the imposition of the requirements of the provisions this information by the seller or lessor to the State is mandatory. The hereof duplicate or conflict with any such federal law and if such principal purpose for which the information is collected is to enable the duplication or conflict exists, the contracting agency shall waive the State to identify individuals, businesses and others who have been applicability of Section 312 to the extent of such duplication or conflict. delinquent in filing tax returns or may have understated their tax Contractor will comply with all duly promulgated and lawful rules and liabilities and to generally identify persons affected by the taxes regulations of the Governor's Office of Minority and Women's Business administered by the Commissioner of Taxation and Finance. The Development pertaining hereto. information will be used for tax administration purposes and for any other purpose authorized by law. 13. CONFLICTING TERMS. In the event of a conflict between the (2) The personal information is requested by the purchasing unit of the terms of the contract (including any and all attachments thereto and agency contracting to purchase the goods or services or lease the real or amendments thereof) and the terms of this Appendix A, the terms of this personal property covered by this contract or lease. The information is Appendix A shall control. maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 14. GOVERNING LAW. This contract shall be governed by the laws State Street, Albany, New York 12236. of the State of New York except where the Federal supremacy clause requires otherwise. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the 15. LATE PAYMENT. Timeliness of payment and any interest to be Executive Law, if this contract is: (i) a written agreement or purchase paid to Contractor for late payment shall be governed by Article 11-A of order instrument, providing for a total expenditure in excess of the State Finance Law to the extent required by law. $25,000.00, whereby a contracting agency is committed to expend or 16. NO ARBITRATION. Disputes involving this contract, including does expend funds in return for labor, services, supplies, equipment, the breach or alleged breach thereof, may not be submitted to binding materials or any combination of the foregoing, to be performed for, or arbitration (except where statutorily authorized), but must, instead, be rendered or furnished to the contracting agency; or (ii) a written heard in a court of competent jurisdiction of the State of New York. agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, 17. SERVICE OF PROCESS. In addition to the methods of service construction, demolition, replacement, major repair or renovation of real allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor property and improvements thereon; or (iii) a written agreement in hereby consents to service of process upon it by registered or certified excess of $100,000.00 whereby the owner of a State assisted housing mail, return receipt requested. Service hereunder shall be complete project is committed to expend or does expend funds for the acquisition, upon Contractor's actual receipt of process or upon the State's receipt of construction, demolition, replacement, major repair or renovation of real the return thereof by the United States Postal Service as refused or property and improvements thereon for such project, then: undeliverable. Contractor must promptly notify the State, in writing, of

each and every change of address to which service of process can be (a) The Contractor will not discriminate against employees or made. Service by the State to the last known address shall be sufficient. applicants for employment because of race, creed, color, national origin, Contractor will have thirty (30) calendar days after service hereunder is sex, age, disability or marital status, and will undertake or continue complete in which to respond. existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, Page 2 June, 2006 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood (b) The Contractor has complied with the Federal Equal Opportunity Act products to be used under this contract award will be in accordance with, of 1972 (P.L. 92-261), as amended; but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and (c) The Contractor agrees to make reasonable efforts to provide use of tropical hardwoods, unless specifically exempted, by the State or notification to New York State residents of employment opportunities any governmental agency or political subdivision or public benefit on this project through listing any such positions with the Job Service corporation. Qualification for an exemption under this law will be the Division of the New York State Department of Labor, or providing such responsibility of the contractor to establish to meet with the approval of notification in such manner as is consistent with existing collective the State. bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon In addition, when any portion of this contract involving the use of request; and woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the (d) The Contractor acknowledges notice that the State may seek to obtain submitted bid proposal that the subcontractor has been informed and is offset credits from foreign countries as a result of this contract and in compliance with specifications and provisions regarding use of agrees to cooperate with the State in these efforts. tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are considered responsive. Under bidder certifications, proof of qualification hereby notified that if their principal place of business is located in a for exemption will be the responsibility of the Contractor to meet with country, nation, province, state or political subdivision that penalizes the approval of the State. New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 accordance with the MacBride Fair Employment Principles (Chapter and Chapter 383, respectively) require that they be denied contracts 807 of the Laws of 1992), the Contractor hereby stipulates that the which they would otherwise obtain. NOTE: As of May 15, 2002, the Contractor either (a) has no business operations in Northern Ireland, or list of discriminatory jurisdictions subject to this provision includes the (b) shall take lawful steps in good faith to conduct any business states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana operations in Northern Ireland in accordance with the MacBride Fair and Hawaii. Contact NYS Department of Economic Development for a Employment Principles (as described in Section 165 of the New York current list of jurisdictions subject to this provision. State Finance Law), and shall permit independent monitoring of compliance with such principles. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of unable or unwilling to certify that: (i) such apparel was manufactured in New York State to maximize opportunities for the participation of New compliance with all applicable labor and occupational safety laws, York State business enterprises, including minority and women-owned including, but not limited to, child labor laws, wage and hours laws and business enterprises as bidders, subcontractors and suppliers on its workplace safety laws, and (ii) vendor will supply, with its bid (or, if procurement contracts. not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a Information on the availability of New York State subcontractors and list of all manufacturing plants to be utilized by the bidder. suppliers is available from:

NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518-292-5884 http://www.empire.state.ny.us

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518-292-5250 Fax: 518-292-5803 http://www.empire.state.ny.us

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; Page 3 June, 2006 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

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Page 4 June, 2006 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP

APPENDIX B

GENERAL SPECIFICATIONS

PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE

July 2006

GENERAL SPECIFICATIONS APPENDIX B

TABLE OF CONTENTS

GENERAL PAGE TERMS & CONDITIONS PAGE

1. Applicability 1 43. Emergency Contracts 9 2. Governing Law 1 44. Purchase Orders 9 3. Ethics Compliance 1 45. Product Delivery 10 4. Conflict of Terms 1 46. Weekend and Holiday Deliveries 10 5. Definitions 1-3 47. Shipping/Receipt of Product 10 48. Title and Risk of Loss 10 BID SUBMISSION 49. Re-Weighing Product 10 50. Product Substitution 10 6. International Bidding 3 51. Rejected Product 10 7. Bid Opening 3 52. Installation 10 8. Bid Submission 3 53. Repaired or Replaced Product/ 9. Facsimile Submissions 3 Components 11 10. Authentication of Facsimile Bids 4 54. On-Site Storage 11 11. Late Bids 4 55. Employees/Subcontractors/Agents 11 12. Bid Contents 4 56. Assignment 11 13. Extraneous Terms 4 57. Subcontractors and Suppliers 11 14. Confidential/Trade Secret Materials 4 58. Performance/Bid Bond 11 15. Release of Bid Evaluation Materials 4 59. Suspension of Work 11 16. Freedom of Information Law 5 60. Termination 11 17. Prevailing Wage Rates - Public Works 61. Savings/Force Majeure 12 and Building Services Contracts 5 62. Contract Billings 12 18. Taxes 6 63. Default - Authorized User 12 19. Expenses Prior to Contract Execution 6 64. Interest on Late Payments 12 20. Advertising Results 6 65. Remedies for Breach 13 21. Product References 6 66. Assignment of Claim 13 22. Remanufactured, Recycled, Recyclable 67. Toxic Substances 13 Or Recovered Materials 6 68. Independent Contractor 13 23. Products Manufactured in Public 69. Security 13 Institutions 6 70. Cooperation with Third Parties 13 24. Pricing 6 71. Contract Term - Renewal 13 25. Drawings 7 72. Additional Warranties 13 26. Site Inspection 7 73. Legal Compliance 15 27. Procurement Card 7 74. Indemnification 15 28. Samples 7 75. Indemnification Relating to Third

BID EVALUATION Party Rights 15 76. Limitation of Liability 15 29. Bid Evaluation 8 77. Insurance 15 30. Conditional Bid 8 31. Clarification/Revisions 8 THE FOLLOWING CLAUSES PERTAIN TO 32. Prompt Payment Discounts 8 TECHNOLOGY & NEGOTIATED CONTRACTS

33. Equivalent or Identical Bids 8 78. Software License Grant 15 34. Performance and Responsibility 79. Product Acceptance 17 Qualifications 8 80. Audit of Licensed Product Usage 17 35. Disqualification for Past Performance 8 81. Ownership/Title to Project 36. Quantity Changes Prior To Award 8 Deliverables 17 37. Timeframe for Offers 8 82. Proof of License 18

TERMS & CONDITIONS 83. Product Version 18 84. Changes to Product or 38. Contract Creation/Execution 8 Service Offerings 18 39. Participation in Centralized Contracts 8 85. No Hardstop/Passive 40. Modification of Contract Terms 9 License Monitoring 19 41. Scope Changes 9 86. Source Code Escrow for 42. Estimated/Specific Quantity Contracts 9 Licensed Product 19

July 2006

GENERAL SPECIFICATIONS APPENDIX B

GENERAL ATTORNEY GENERAL Attorney General of the State of New York. 1. APPLICABILITY The terms and conditions set forth in this Appendix B are expressly incorporated in and applicable to the AUTHORIZED USER(S) Agencies, or any other entity authorized resulting procurement contracts let by the Office of General Services by the laws of the State of New York to participate in NYS centralized Procurement Services Group, or let by any other Authorized User contracts (including but not limited to political subdivisions, public where incorporated by reference in its Bid Documents. Captions are authorities, public benefit corporations and certain other entities set intended as descriptive and are not intended to limit or otherwise forth in law), or the State of New York acting on behalf of one or more restrict the terms and conditions set forth herein. such Agencies or other entities, provided that each such Agency or other entity shall be held solely responsible for liabilities or payments 2. GOVERNING LAW This procurement, the resulting contract due as a result of its participation. and any purchase orders issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy BID OR BID PROPOSAL An offer or proposal submitted by a clause requires otherwise, and actions or proceedings arising from the Bidder to furnish a described product or a solution, perform services or contract shall be heard in a court of competent jurisdiction in the State means of achieving a practical end, at a stated price for the stated of New York. Contract term. As required by the Bid Documents, the Bid or proposal may be subject to modification through the solicitation by the Agency 3. ETHICS COMPLIANCE All Bidders/Contractors and their of best and final offers during the evaluation process prior to employees must comply with the requirements of Sections 73 and 74 recommendation for award of the Contract. of the Public Officers Law, other State codes, rules, regulations and executive orders establishing ethical standards for the conduct of BIDDER/OFFERER Any individual or other legal entity (including business with New York State. In signing the Bid, Bidder certifies full but not limited to sole proprietor, partnership, limited liability compliance with those provisions for any present or future dealings, company, firm or corporation) which submits a Bid in response to a transactions, sales, contracts, services, offers, relationships, etc., Bid Solicitation. The term Bidder shall also include the term involving New York State and/or its employees. Failure to comply “offeror.” In the case of negotiated Contracts, “Bidder” shall refer to with those provisions may result in disqualification from the Bidding the “Contractor.” process, termination of contract, and/or other civil or criminal proceedings as required by law. BID DOCUMENTS Writings by the State setting forth the scope, terms, conditions and technical specifications for a procurement of 4. CONFLICT OF TERMS Unless otherwise set forth in the Product. Such writings typically include, but are not limited to: procurement or contract documents, conflicts among documents shall Invitation for Bids (IFB), Request for Quotation (RFQ), Request for be resolved in the following order of precedence: Proposals (RFP), addenda or amendments thereto, and terms and a. Appendix A (Standard Clauses for NYS Contracts) conditions which are incorporated by reference, including but not b. Mini-Bid Project Definition if applicable and in accordance limited to, Appendix A (Standard Clauses for NYS Contracts), with the terms and conditions of the Back-Drop Contract. Appendix B, (General Specifications). Where these General c. Contract and other writing(s) setting forth the final Specifications are incorporated in negotiated Contracts that have not agreements, clarifications and terms between the Bid Documents and been competitively Bid, the term “Bid Documents” shall be deemed to Contractor’s Bid. In the latter circumstance, clarifications must refer to the terms and conditions set forth in the negotiated Contract specifically note in writing what was offered by the Contractor and and associated documentation. what was accepted by the State. If not, such clarifications shall be considered last in the order of precedence under this paragraph. BID SPECIFICATION A written description drafted by the d. Bid Documents (Other than Appendix A). Authorized User setting forth the specific terms of the intended i. Bid Specifications prepared by the Authorized User. procurement, which may include: physical or functional ii. Appendix B (General Specifications). characteristics, the nature of a commodity or construction item, any iii. Incorporated Contract Appendices, if any, following the description of the work to be performed, Products to be provided, the order of precedence as stated for Contract above. necessary qualifications of the Bidder, the capacity and capability of e. Contractor’s Bid or Mini-Bid Proposal. the Bidder to successfully carry out the proposed Contract, or the f. Unincorporated Appendices (if any). process for achieving specific results and/or anticipated outcomes or any other requirement necessary to perform work. Where these 5. DEFINITIONS Terms used in this Appendix B shall have the General Specifications are incorporated in negotiated Contracts that following meanings: have not been competitively Bid, the term “Bid Specifications” shall be deemed to refer to the terms and conditions set forth in the AFFILIATE Any individual or other legal entity, (including but not negotiated Contract and associated documentation. limited to sole proprietor, partnership, limited liability company, firm or corporation) that effectively controls another company in which (a) COMMISSIONER Commissioner of OGS, or in the case of Bid the Bidder owns more than 50% of the ownership; or (b) any Specifications issued by an Authorized User, the head of such individual or other legal entity which owns more than 50% of the Authorized User or their authorized representative. ownership of the Bidder. In addition, if a Bidder owns less than 50% of the ownership of another legal entity, but directs or has the right to COMPTROLLER Comptroller of the State of New York. direct such entity’s daily operations, that entity will be an Affiliate. CONTRACT The writing(s) which contain the agreement of the AGENCY OR AGENCIES The State of New York, acting by Commissioner and the Bidder/Contractor setting forth the total legal or through one or more departments, boards, commissions, obligation between the parties as determined by applicable rules of offices or institutions of the State of New York. law, and which most typically include the following classifications of public procurements:

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GENERAL SPECIFICATIONS APPENDIX B a. Agency Specific Contracts Contracts where the specifications ERROR CORRECTIONS Machine executable software code for a Product or a particular scope of work are described and defined to furnished by Contractor which corrects the Product so as to conform to meet the needs of one or more Authorized User(s). the applicable warranties, performance standards and/or obligations of the Contractor. b. Centralized Contracts Single or multiple award Contracts where the specifications for a Product or general scope of work are GROUP A classification of Product, services or technology which is described and defined by the Office of General Services to meet the designated by OGS. needs of Authorized Users. Centralized Contracts may be awarded through multiple awards or through adoption of another jurisdiction’s INVITATION FOR BIDS (IFB) A type of Bid Document which is contract or on a sole source, single source, emergency or competitive most typically used where requirements can be stated and award will basis. Once established, procurements may be made from the selected be made based on lowest price to the responsive and responsible Contractor(s) without further competition or Mini-Bid unless Bidder(s). otherwise required by the Bid Specifications or Contract Award Notification. LICENSED SOFTWARE Software transferred upon the terms and conditions set forth in the Contract. “Licensed Software” includes c. Back-Drop Contracts Multiple award Centralized Contracts error corrections, upgrades, enhancements or new releases, and any where the Office of General Services defines the specifications for a deliverables due under a maintenance or service contract (e.g., patches, Product or general scope of work to meet the needs of Authorized fixes, PTFs, programs, code or data conversion, or custom Users. Bids may be submitted either at a date and time certain or may programming). be accepted on a continuous or periodic recruitment basis, as set forth in the Bid Specifications. Selection of a Contractor(s) from among LICENSEE One or more Authorized Users who acquire Product Back-Drop contract holders for an actual Product, project or particular from Contractor by issuing a Purchase Order in accordance with the scope of work may subsequently be made on a single or sole source terms and conditions of the Contract; provided that, for purposes of basis, or on the basis of a Mini-Bid among qualified Back-Drop compliance with an individual license, the term “Licensee” shall be contract holders, or such other method as set forth in the Bid deemed to refer separately to the individual Authorized User(s) who Document. took receipt of and who is executing the Product, and who shall be solely responsible for performance and liabilities incurred. In the case d. Piggyback Contract A Contract let by any department, agency of acquisitions by State Agencies, the Licensee shall be the State of or instrumentality of the United States government, or any department, New York. agency, office, political subdivision or instrumentality of any state or state(s) which is adopted and extended for use by the OGS LICENSE EFFECTIVE DATE The date Product is delivered to an Commissioner in accordance with the requirements of the State Authorized User. Where a License involves Licensee’s right to copy a Finance Law. previously licensed and delivered Master Copy of a Program, the license effective date for additional copies shall be deemed to be the e. Contract Letter A letter to the successful Bidder(s) indicating date on which the Purchase Order is executed. acceptance of its Bid in response to a solicitation. Unless otherwise specified, the issuance of a Letter of Acceptance forms a Contract but LICENSOR A Contractor who transfers rights in proprietary Product is not an order for Product, and Contractor should not take any action to Authorized Users in accordance with the rights and obligations with respect to actual Contract deliveries except on the basis of specified in the Contract. Purchase Orders sent from Authorized User(s). MINI-BID PROJECT DEFINITION A Bid Document containing CONTRACT AWARD NOTIFICATION An announcement to project specific Bid Specifications developed by or for an Authorized Authorized Users that a Contract has been established. User which solicits Bids from Contractors previously qualified under a Back-Drop Contract. CONTRACTOR Any successful Bidder(s) to whom a Contract has been awarded by the Commissioner. MULTIPLE AWARD A determination and award of a Contract in the discretion of the Commissioner to more than one responsive and DOCUMENTATION The complete set of manuals (e.g., user, responsible Bidder who meets the requirements of a specification, installation, instruction or diagnostic manuals) in either hard or where the multiple award is made on the grounds set forth in the Bid electronic copy, which are necessary to enable an Authorized User to Document in order to satisfy multiple factors and needs of Authorized properly test, install, operate and enjoy full use of the Product. Users (e.g., complexity of items, various manufacturers, differences in performance required to accomplish or produce required end results, EMERGENCY An urgent and unexpected requirement where health production and distribution facilities, price, compliance with delivery and public safety or the conservation of public resources is at risk. requirements, geographic location or other pertinent factors).

ENTERPRISE The total business operations in the United States of NEW PRODUCT RELEASES (Product Revisions) Any Authorized User (s) without regard to geographic location where such commercially released revisions to the licensed version of a Product as operations are performed or the entity actually performing such may be generally offered and available to Authorized Users. New operations on behalf of Authorized User. releases involve a substantial revision of functionality from a previously released version of the Product. ENTERPRISE LICENSE A license grant of unlimited rights to deploy, access, use and execute Product anywhere within the OGS The New York State Office of General Services. Enterprise up to the maximum capacity stated on the Purchase Order or in the Contract. PROCUREMENT RECORD Documentation by the Authorized User of the decisions made and approach taken during the procurement process and during the contract term.

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GENERAL SPECIFICATIONS APPENDIX B

firmware, hardware, or computer system (such as local area or wide- PRODUCT A deliverable under any Bid or Contract which may area networks), including aesthetic disruptions or distortions, but does include commodities, services and/or technology. The term “Product” not include security keys or other such devices installed by Product includes Licensed Software. manufacturer.

PROPRIETARY Protected by secrecy, patent, copyright or BID SUBMISSION trademark against commercial competition. 6. INTERNATIONAL BIDDING All offers (tenders), and all PURCHASE ORDER The Authorized User’s fiscal form or format information and Product required by the solicitation or provided as that is used when making a purchase (e.g., formal written Purchase explanation thereof, shall be submitted in English. All prices shall be Order, Procurement Card, electronic Purchase Order, or other expressed, and all payments shall be made, in United States Dollars authorized instrument). ($US). Any offers (tenders) submitted which do not meet the above criteria will be rejected. REQUEST FOR PROPOSALS (RFP) A type of Bid Document that is used for procurements where factors in addition to cost are 7. BID OPENING Bids may, as applicable, be opened publicly. considered and weighted in awarding the contract and where the The Commissioner reserves the right at any time to postpone or cancel method of award is “best value,” as defined by the State Finance Law. a scheduled Bid opening.

REQUEST FOR QUOTATION (RFQ) A type of Bid Document 8. BID SUBMISSION All Bids are to be packaged, sealed and that can be used when a formal Bid opening is not required (e.g., submitted to the location stated in the Bid Specifications. Bidders are discretionary, sole source, single source or emergency purchases). solely responsible for timely delivery of their Bids to the location set forth in the Bid Specifications prior to the stated Bid opening RESPONSIBLE BIDDER A Bidder that is determined to have date/time. financial and organizational capacity, legal authority, satisfactory previous performance, skill, judgment and integrity, and that is found A Bid return envelope, if provided with the Bid Specifications, should to be competent, reliable and experienced, as determined by the be used with the Bid sealed inside. If the Bid response does not fit into Commissioner. For purposes of being deemed responsible, a Bidder the envelope, the Bid envelope should be attached to the outside of the must also be determined to be in compliance with Sections 139-j and sealed box or package with the Bid inside. If using a commercial 139-k of the State Finance Law relative to restrictions on contacts delivery company that requires use of their shipping package or during the procurement process and disclosure of contacts and prior envelope, Bidder’s sealed Bid, labeled as detailed below, should be findings of non-responsibility under these statutes. placed within the shipper’s sealed envelope to ensure that the Bid is not prematurely opened. RESPONSIVE BIDDER A Bidder meeting the specifications or requirements prescribed in the Bid Document or solicitation, as All Bids must have a label on the outside of the package or shipping determined by the OGS Commissioner. container outlining the following information:

SINGLE SOURCE A procurement where two or more Bidders can “BID ENCLOSED (bold print, all capitals) supply the required Product, and the Commissioner may award the contract to one Bidder over the other. • Group Number • IFB or RFP Number SITE The location (street address) where Product will be executed or • Bid Submission date and time” services delivered. In the event that a Bidder fails to provide such information on the SOLE SOURCE A procurement where only one Bidder is capable of return Bid envelope or shipping material, the receiving entity reserves supplying the required Product. the right to open the shipping package or envelope to determine the proper Bid number or Product group, and the date and time of Bid SOURCE CODE The programming statements or instructions opening. Bidder shall have no claim against the receiving entity written and expressed in any language understandable by a human arising from such opening and such opening shall not affect the being skilled in the art which are translated by a language compiler to validity of the Bid or the procurement. produce executable machine Object Code. Notwithstanding the receiving agency’s right to open a Bid to ascertain STATE State of New York. the foregoing information, Bidder assumes all risk of late delivery associated with the Bid not being identified, packaged or labeled in SUBCONTRACTOR Any individual or other legal entity, (including accordance with the foregoing requirements. but not limited to sole proprietor, partnership, limited liability company, firm or corporation) who has entered into a contract, express All Bids must be signed by a person authorized to commit the Bidder or implied, for the performance of a portion of a Contract with a to the terms of the Bid Documents and the content of the Bid (offer). Contractor. 9. FACSIMILE SUBMISSIONS Unless specifically prohibited by TERMS OF LICENSE The terms and conditions set forth in the the terms of the Bid Specifications, facsimile Bids may be Contract that are in effect and applicable to a Purchase Order at the SUBMITTED AT THE SOLE OPTION AND RISK OF THE time of order placement. BIDDER. Only the FAX number(s) indicated in the Bid Specifications may be used. Access to the facsimile machine(s) is on a VIRUS Any computer code, whether or not written or conceived by “first come, first serve” basis, and the Commissioner bears no liability Contractor, that disrupts, disables, harms, or otherwise impedes in any or responsibility and makes no guarantee whatsoever with respect to manner the operation of the Product, or any other associated software,

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GENERAL SPECIFICATIONS APPENDIX B the Bidder’s access to such equipment at any specific time. Bidders resulting Contract, but shall be deemed included for informational or are solely responsible for submission and receipt of the entire facsimile promotional purposes only. Bid by the Authorized User prior to Bid opening and must include on the first page of the transmission the total number of pages transmitted Only those extraneous terms that meet all the following requirements in the facsimile, including the cover page. Incomplete, ambiguous or may be considered as having been submitted as part of the Bid: unreadable transmissions in whole or in part may be rejected at the sole discretion of the Commissioner. Facsimile Bids are fully a. Each proposed extraneous term (addition, deletion, counter-offer, governed by all conditions outlined in the Bid Documents and must be deviation, or modification) must be specifically enumerated in a submitted on forms or in the format required in the Bid Specifications, writing which is not part of a pre-printed form; and including the executed signature page and acknowledgment. b. The writing must identify the particular specification requirement 10. AUTHENTICATION OF FACSIMILE BIDS The act of (if any) that Bidder rejects or proposes to modify by inclusion of the submitting a Bid by facsimile transmission, including an executed extraneous term; and signature page or as otherwise specified in the Bid Documents, shall be deemed a confirming act by Bidder which authenticates the signing c. The Bidder shall enumerate the proposed addition, counter offer, of the Bid. modification or deviation from the Bid Document, and the reasons therefore. 11. LATE BIDS For purposes of Bid openings held and conducted by OGS, a Bid must be received in such place as may be designated in No extraneous term(s), whether or not deemed “material,” shall be the Bid Documents or if no place is specified in the OGS Mailroom incorporated into a Contract or Purchase Order unless submitted in located in the Empire State Plaza, Albany, New York 12242, at or accordance with the above and the Commissioner or Authorized User before the date and time established in the Bid Specifications for the expressly accepts each such term(s) in writing. Acceptance and/or Bid opening. For purposes of Bid openings held and conducted by processing of the Bid shall not constitute such written acceptance of Authorized Users other than OGS, the term late Bid is defined as a Bid Extraneous Term(s). not received in the location established in the Bid Specifications at or before the date and time specified for the Bid opening. 14. CONFIDENTIAL/TRADE SECRET MATERIALS a. Contractor Confidential, trade secret or proprietary materials as Any Bid received at the specified location after the time specified will defined by the laws of the State of New York must be clearly marked be considered a late Bid. A late Bid shall not be considered for award and identified as such upon submission by the Bidder. Marking the unless: (i) no timely Bids meeting the requirements of the Bid Bid as “confidential” or “proprietary” on its face or in the document Documents are received or, (ii) in the case of a multiple award, an header or footer shall not be considered by the Commissioner or insufficient number of timely Bids were received to satisfy the Authorized User to be sufficient without specific justification as to multiple award; and acceptance of the late Bid is in the best interests why disclosure of particular information in the Bid would cause of the Authorized Users. Bids submitted for continuous or periodic substantial injury to the competitive position of the Bidder. recruitment contract awards must meet the submission requirements Bidders/Contractors intending to seek an exemption from disclosure of associated with their specifications. Delays in United States mail these materials under the Freedom of Information Law must request deliveries or any other means of transmittal, including couriers or the exemption in writing, setting forth the reasons for the claimed agents of the Authorized User shall not excuse late Bid submissions. exemption. Acceptance of the claimed materials does not constitute a Similar types of delays, including but not limited to, bad weather, or determination on the exemption request, which determination will be security procedures for parking and building admittance shall not made in accordance with statutory procedures. Properly identified excuse late Bid submissions. Determinations relative to Bid timeliness information that has been designated confidential, trade secret, or shall be at the sole discretion of the Commissioner. proprietary by the Bidder will not be disclosed except as may be required by the Freedom of Information Law or other applicable State 12. BID CONTENTS Bids must be complete and legible. All Bids and federal laws. must be signed. All information required by the Bid Specifications must be supplied by the Bidder on the forms or in the format specified. b. Commissioner or Authorized User Contractor further warrants, No alteration, erasure or addition is to be made to the Bid Documents. covenants and represents that any confidential information obtained by Changes may be ignored by the Commissioner or may be grounds for Contractor, its agents, Subcontractors, officers, distributors, resellers rejection of the Bid. Changes, corrections and/or use of white-out in or employees in the course of performing its obligations, including the Bid or Bidder’s response portion of the Bid Document must be without limitation, security procedures, business operations initialed by an authorized representative of the Bidder. Bidders are information, or commercial proprietary information in the possession cautioned to verify their Bids before submission, as amendments to of the State or any Authorized User hereunder or received from Bids or requests for withdrawal of Bids received by the Commissioner another third party, will not be divulged to any third parties. after the time specified for the Bid opening, may not be considered. Contractor shall not be required to keep confidential any such material that is publicly available through no fault of Contractor, independently 13. EXTRANEOUS TERMS Bids must conform to the terms set developed by Contractor without reliance on confidential information forth in the Bid Documents, as extraneous terms or material deviations of the Authorized User, or otherwise obtained under the Freedom of (including additional, inconsistent, conflicting or alternative terms) Information Act or other applicable New York State laws and may render the Bid non-responsive and may result in rejection of the regulations. This warranty shall survive termination of this Contract. Bid. Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding Extraneous term(s) submitted on standard, pre-printed forms the obligations arising under this clause to insure such confidentiality. (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or 15. RELEASE OF BID EVALUATION MATERIALS Requests referenced with submissions shall not be considered part of the Bid or concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or

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GENERAL SPECIFICATIONS APPENDIX B factual tabulations or data such as the Bid Tabulation, shall only be c. Wage Rate Payments / Changes During Contract Term The released as required by law after Contract award. Bid Tabulations are wages to be paid under any resulting Contract shall not be less than the not maintained for all procurements. Names of Bidders may be prevailing rate of wages and supplements as set forth by law. It is disclosed after Bid opening upon request. Written requests should be required that the Contractor keep informed of all changes in the directed to the Commissioner. Prevailing Wage Rates during the Contract term that apply to the classes of individuals supplied by the Contractor on any projects 16. FREEDOM OF INFORMATION LAW During the evaluation resulting from this Contract, subject to the provisions of the Labor process, the content of each Bid will be held in confidence and details Law. Contractor is solely liable for and must pay such required of any Bid will not be revealed (except as may be required under the prevailing wage adjustments during the Contract term as required by Freedom of Information Law or other State law). The Freedom of law. Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to d. Public Posting & Certified Payroll Records In compliance the competitive position of commercial enterprises. This exception with Article 8, Section 220 of the New York State Labor Law: would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary i. Posting The Contractor must publicly post on the work site, in information, it must be accompanied in the Bid with a written request a prominent and accessible place, a legible schedule of the prevailing to the Commissioner to not disclose such information. Such request wage rates and supplements. must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of ii. Payroll Records Contractors and Subcontractors must keep submission of the Bid. Notations in the header, footer or watermark of original payrolls or transcripts subscribed and affirmed as true under the Bid Document will not be considered sufficient to constitute a the penalties of perjury as required by law. For public works contracts request for non-disclosure of trade secret or other confidential or over $25,000 where the Contractor maintains no regular place of proprietary information. Where a Freedom of Information request is business in New York State, such records must be kept at the work made for trademark or other confidential or proprietary information, site. For building services contracts, such records must be kept at the the Commissioner reserves the right to determine upon written notice work site while work is being performed. to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid iii. Submission of Certified Payroll Transcripts for Public tabulation is prepared and Bids publicly opened, such Bid tabulation Works Contracts Only Contractors and Subcontractors on public shall be available upon request. works projects must submit monthly payroll transcripts to the Authorized User that has prepared or directs the preparation of the 17. PREVAILING WAGE RATES - PUBLIC WORKS AND plans and specifications for a public works project, as set forth in the BUILDING SERVICES CONTRACTS If any portion of work Bid Specifications. For Mini-Bid solicitations, the payroll records being Bid is subject to the prevailing wage rate provisions of the Labor must be submitted to the entity preparing the agency Mini-Bid project Law, the following shall apply: specification. For “agency specific” Bids, the payroll records should be submitted to the entity issuing the purchase order. For all other a. “Public Works” and “Building Services” - Definitions OGS Centralized Contracts, such records should be submitted to the i. Public Works Labor Law Article 8 applies to contracts for individual agency issuing the purchase order(s) for the work. Upon public improvement in which laborers, workers or mechanics are mutual agreement of the Contractor and the Authorized User, the form employed on a “public works” project (distinguished from public of submission may be submitted in a specified disk format acceptable “procurement” or “service” contracts). The State, a public benefit to the Department of Labor provided: 1) the Contractor/Subcontractor corporation, a municipal corporation (including a school district), or a retains the original records; and, (2) an original signed letter by a duly commission appointed by law must be a party to the Contract. The authorized individual of the Contractor or Subcontractor attesting to wage and hours provision applies to any work performed by the truth and accuracy of the records accompanies the disk. This Contractor or Subcontractors. provision does not apply to Article 9 of the Labor Law building services contracts. ii. Building Services Labor Law Article 9 applies to Contracts for building service work over $1,500 with a public agency, that: (i) iv. Records Retention Contractors and Subcontractors must involve the care or maintenance of an existing building, or (ii) involve preserve such certified transcripts for a period of three years from the the transportation of office furniture or equipment to or from such date of completion of work on the awarded contract. building, or (iii) involve the transportation and delivery of fossil fuel to such building, and (iv) the principal purpose of which is to furnish Day’s Labor Eight hours shall constitute a legal day's work for all services through use of building service employees. classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law. b. Prevailing Wage Rate Applicable to Bid Submissions A copy of the applicable prevailing wage rates to be paid or provided are No laborers, workmen or mechanics in the employ of the Contractor, annexed to the Bid Documents. Bidders must submit Bids which are Subcontractor or other person doing or contracting to do all or part of based upon the prevailing hourly wages, and supplements in cash or the work contemplated by the Contract shall be permitted or required equivalent benefits (i.e., fringe benefits and any cash or non-cash to work more than eight hours in any one calendar day or more than compensation which are not wages, as defined by law) that equal or five calendar days in any one week except in cases of extraordinary exceed the applicable prevailing wage rate(s) for the location where emergency including fire, flood or danger to life or property. the work is to be performed. Bidders may not submit Bids based upon “Extraordinary emergency” shall be deemed to include situations in hourly wage rates and supplements below the applicable prevailing which sufficient laborers, workers and mechanics cannot be employed wage rates as established by the New York State Department of Labor. to carry on public work expeditiously as a result of such restrictions Bids that fail to comply with this requirement will be disqualified. upon the number of hours and days of labor and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the NYS

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GENERAL SPECIFICATIONS APPENDIX B

Commissioner of Labor for the preservation of the Contract site or for recovered materials in the manufacture of Products and packaging to the protection of the life and limb of the persons using the Contract the maximum extent practicable without jeopardizing the performance site. or intended end use of the Product or packaging unless such use is precluded due to health, welfare, safety requirements or in the Bid 18. TAXES Specifications. Contractors are further encouraged to offer a. Unless otherwise specified in the Bid Specifications or Contract, remanufactured Products to the maximum extent practicable without the quoted Bid price includes all taxes applicable to the transaction. jeopardizing the performance or intended end use of the Product and unless such use is precluded due to health, welfare, safety b. Purchases made by the State of New York and certain non-State requirements or by the Bid Specifications. Where such use is not Authorized Users are exempt from New York State and local sales practical, suitable, or permitted by the Bid Specifications, Contractor taxes and, with certain exceptions, federal excise taxes. To satisfy the shall deliver new materials in accordance with the “Warranties" set requirements of the New York State Sales tax exemption, either the forth below. Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that Items with recycled, recyclable, recovered, refurbished or the sale by the Contractor was made to the State, an exempt remanufactured content must be identified in the Bid or Bidder will be organization under Section 1116 (a) (1) of the Tax Law. Non-State deemed to be offering new Product. Authorized Users must offer their own proof of exemption upon request. No person, firm or corporation is, however, exempt from 23. PRODUCTS MANUFACTURED IN PUBLIC paying the State Truck Mileage and Unemployment Insurance or INSTITUTIONS Bids offering Products that are manufactured or Federal Social Security taxes, which remain the sole responsibility of produced in public institutions will be rejected. the Bidder/Contractor. 24. PRICING c. Pursuant to Revised Tax Law 5-a, Contractor will be required to a. Unit Pricing If required by the Bid Specifications, the Bidder furnish sales tax certification on its behalf and for its affiliates, and should insert the price per unit specified and the price extensions in subcontractors for Contracts with a value greater than $100,000 in decimals, not to exceed four places for each item unless otherwise accordance with provisions of the law. specified, in the Bid. In the event of a discrepancy between the unit price and the extension, the unit price shall govern unless, in the sole d. Purchases by Authorized Users other than the State of New York judgment of the Commissioner, such unit pricing is obviously may be subject to certain taxes which were not included in the Bid erroneous. price, and in those instances the tax should be computed based on the Contract price and added to the invoice submitted to such entity for b. Net Pricing Unless otherwise required by the Bid Specifications, payment. prices shall be net, including transportation, customs, tariff, delivery and other charges fully prepaid by the Contractor to the destination(s) 19. EXPENSES PRIOR TO CONTRACT EXECUTION The indicated in the Bid Specifications, subject to the cash discount. Commissioner and any Authorized User(s) are not liable for any costs incurred by a Vendor, Bidder or Contractor in the preparation and c. “No Charge” Bid When Bids are requested on a number of production of a Bid, Mini-Bid or best and final offers or for any work Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a performed prior to Contract execution. Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in 20. ADVERTISING RESULTS The prior written approval of the part, at the discretion of the Commissioner. Commissioner is required in order for results of the Bid to be used by the Contractor as part of any commercial advertising. The Contractor d. Educational Pricing All Products to be supplied for educational shall also obtain the prior written approval of the Commissioner purposes that are subject to educational discounts shall be identified in relative to the Bid or Contract for press or other media releases. the Bid and such discounts shall be made available to qualifying institutions. 21. PRODUCT REFERENCES a. “Or Equal” In all Bid Specifications the words “or equal” are e. Third Party Financing If Product acquisitions are financed understood to apply where a copyrighted, brand name, trade name, through any third party financing, Contractor may be required as a catalog reference, or patented Product is referenced. References to condition of Contract Award to agree to the terms and conditions of a such specific Product are intended as descriptive, not restrictive, “Consent & Acknowledgment Agreement” in a form acceptable to the unless otherwise stated. Comparable Product will be considered if Commissioner. proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. The f. Best Pricing Offer During the Contract term, if substantially the Commissioner’s decision as to acceptance of the Product as equal same or a smaller quantity of a Product is sold by the Contractor shall be final. outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local b. Discrepancies in References In the event of a discrepancy governmental entity, the price under this Contract, at the discretion of between the model number referenced in the Bid Specifications and the Commissioner, shall be immediately reduced to the lower price. the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall Price decreases shall take effect automatically during the Contract term prevail. and apply to Purchase Orders submitted on or after: (i) GSA Changes: Where NYS Net Prices are based on an approved 22. REMANUFACTURED, RECYCLED, RECYCLABLE OR GSA Schedule, the date the approved GSA Schedule pricing decreases RECOVERED MATERIALS Upon the conditions specified in the during the Contract term; or Bid Specifications and in accordance with the laws of the State of New (ii) Commercial Price List Reductions: Where NYS Net Prices are York, Contractors are encouraged to use recycled, recyclable or based on a discount from Contractor’s list prices, the date Contractor

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GENERAL SPECIFICATIONS APPENDIX B lowers its pricing to its customers generally or to similarly situated additional work is required under this clause in order to properly government customers during the Contract term; or complete the delivery and installation of the required Product or (iii) Special Offers/Promotions Generally: Where Contractor provide the requested service. generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a 27. PROCUREMENT CARD The State has entered into an similar quantity, and the maximum price or discount associated with agreement for purchasing card services. The Purchasing Card enables such offer or promotion is better than the discount or Net Price Authorized Users to make authorized purchases directly from a otherwise available under this Contract, such better price or discount Contractor without processing a Purchase Orders or Purchase shall apply for similar quantity transactions under this Contract for the Authorizations. Purchasing Cards are issued to selected employees life of such general offer or promotion; and authorized to purchase for the Authorized User and having direct (iv) Special Offers/Promotions to Authorized Users: Contractor contact with Contractors. Cardholders can make purchases directly may offer Authorized Users, under either this Contract or any other from any Contractor that accepts the Purchasing Card. Contracting vehicle, competitive pricing which is lower than the NYS Net Price set forth herein at any time during the Contract term and The Contractor shall not process a transaction for payment such lower pricing shall not be applied as a global price reduction through the credit card clearinghouse until the purchased products under the Contract pursuant to the foregoing paragraph (iii). have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in Unless otherwise specified in the Bid Specifications, Contractor may accordance with other Contract requirements, the Contractor shall offer lower prices or better terms (see Modification of Contract Terms) immediately credit a cardholder’s account for products returned as on any specific Purchase Order(s) from any Authorized User without defective or faulty. being in conflict with, or obligation to comply on a global basis, with the terms of this clause. 28. SAMPLES a. Standard Samples Bid Specifications may indicate that the g. Best and Final Prices As specified in the Bid Documents and Product to be purchased must be equal to a standard sample on display Contract, a Contractor may be solicited at the time of issuance of a in a place designated by the Commissioner and such sample will be Purchase Order or Mini-Bid award for best and final pricing for the made available to the Bidder for examination prior to the opening date. Product or service to be delivered to the Authorized User. Contractors Failure by the Bidder to examine such sample shall not entitle the are encouraged to reduce their pricing upon receipt of such request. Bidder to any relief from the conditions imposed by the Bid Specifications. 25. DRAWINGS a. Drawings Submitted With Bid When the Bid Specifications b. Bidder Supplied Samples The Commissioner reserves the right require the Bidder to furnish drawings and/or plans, such drawings to request from the Bidder/Contractor a representative sample(s) of the and/or plans shall conform to the mandates of the Bid Documents and Product offered at any time prior to or after award of a contract. shall, when approved by the Commissioner, be considered a part of the Unless otherwise instructed, samples shall be furnished within the time Bid and of any resulting Contract. All symbols and other specified in the request. Untimely submission of a sample may representations appearing on the drawings shall be considered a part of constitute grounds for rejection of Bid or cancellation of the Contract. the drawing. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the b. Drawings Submitted During the Contract Term Where Product and a statement indicating how and where the sample is to be required to develop, maintain and deliver diagrams or other technical returned. Where applicable, samples must be properly labeled with the schematics regarding the scope of work, Contractor shall do so on an appropriate Bid or Contract reference. ongoing basis at no additional charge, and must, as a condition of payment, update drawings and plans during the Contract term to A sample may be held by the Commissioner during the entire term of reflect additions, alterations, and deletions. Such drawings and the Contract and for a reasonable period thereafter for comparison with diagrams shall be delivered to the Authorized User’s representative. deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s c. Accuracy of Drawings Submitted All drawings shall be neat expense and risk. Where the Bidder has failed to fully instruct the and professional in manner and shall be clearly labeled as to locations Commissioner as to the return of the sample (i.e., mode and place of and type of product, connections and components. Drawings and return, etc.) or refuses to bear the cost of its return, the sample shall diagrams are to be in compliance with accepted drafting standards. become the sole property of the receiving entity at the conclusion of Acceptance or approval of such plans shall not relieve the Contractor the holding period. from responsibility for design or other errors of any sort in the drawings or plans, or from its responsibility for performing as c. Enhanced Samples When an approved sample exceeds the required, furnishing product, services or installation, or carrying out minimum specifications, all Product delivered must be of the same any other requirements of the intended scope of work. enhanced quality and identity as the sample. Thereafter, in the event of a Contractor’s default, the Commissioner may procure a Product 26. SITE INSPECTION Where a site inspection is required by the substantially equal to the enhanced sample from other sources, Bid Specifications or Project Definition, Bidder shall be required to charging the Contractor for any additional costs incurred. inspect the site, including environmental or other conditions for pre- existing deficiencies that may affect the installed Product, equipment, d. Conformance with Sample(s) Submission of a sample (whether or environment or services to be provided and, which may affect or not such sample is tested by, or for, the Commissioner) and Bidder’s ability to properly deliver, install or otherwise provide the approval thereof shall not relieve the Contractor from full compliance required Product. All inquiries regarding such conditions shall be with all terms and conditions, performance related and otherwise, made in writing. Bidder shall be deemed to have knowledge of any specified in the Bid Specifications. If in the judgment of the deficiencies or conditions which such inspection or inquiry might have Commissioner the sample or product submitted is not in accordance disclosed. Bidder must provide a detailed explanation with its Bid if with the specifications or testing requirements prescribed in the Bid

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GENERAL SPECIFICATIONS APPENDIX B

Specifications, the Commissioner may reject the Bid. If an award has qualifications or facilities offered by the Bidder/Contractor meet the been made, the Commissioner may cancel the Contract at the expense requirements set forth in the Bid Specifications/Contract or as set forth of the Contractor. during Contract negotiations. Contractor shall at all times during the Contract term remain responsible and responsive. A e. Testing All samples are subject to tests in the manner and place Bidder/Contractor must be prepared, if requested by the designated by the Commissioner, either prior to or after Contract Commissioner, to present evidence of legal authority to do business in award. Unless otherwise stated in the Bid Specifications, Bidder New York State, integrity, experience, ability, prior performance, samples consumed or rendered useless by testing will not be returned organizational and financial capacity as well as where applicable, a to the Bidder. Testing costs for samples that fails to meet Contract statement as to supply, plant, machinery and capacity of the requirements may be at the expense of the Contractor. manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the Commissioner determines that the f. Requests For Samples By Authorized Users Requests for conditions and terms of the Bid Documents, Bid Specifications or samples by Authorized Users require the consent of the Contractor. Contract are not complied with, or that items, services or Product Where Contractor refuses to furnish a sample, Authorized User may, proposed to be furnished do not meet the specified requirements, or in its sole discretion, make a determination on the performance that the legal authority, integrity experience, ability, prior capability of the Product or on the issue in question. performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the BID EVALUATION Contract.

29. BID EVALUATION The Commissioner reserves the right to 35. DISQUALIFICATION FOR PAST PERFORMANCE AND accept or reject any and all Bids, or separable portions of offers, and FINDINGS OF NON-RESPONSIBILITY Bidder may be waive technicalities, irregularities, and omissions if the Commissioner disqualified from receiving awards if Bidder, or anyone in Bidder’s determines the best interests of the State will be served. The employment, has previously failed to perform satisfactorily in Commissioner, in his/her sole discretion, may accept or reject illegible, connection with public Bidding or contracts or is deemed non- incomplete or vague Bids and his/her decision shall be final. A responsible. conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may 36. QUANTITY CHANGES PRIOR TO AWARD The be made in compliance with the Bidder’s conditional or revocable Commissioner reserves the right, at any time prior to the award of a terms in the offer. specific quantity Contract, to alter in good faith the quantities listed in the Bid Specifications. In the event such right is exercised, the lowest 30. CONDITIONAL BID Unless the Bid Specifications provides responsible Bidder meeting Bid Specifications will be advised of the otherwise, a Bid is not rendered non-responsive if the Bidder specifies revised quantities and afforded an opportunity to extend or reduce its that the award will be accepted only on all or a specified group of Bid price in relation to the changed quantities. Refusal by the low items or Product included in the specification. It is understood that Bidder to so extend or reduce its Bid price may result in the rejection nothing herein shall be deemed to change or alter the method of award of its Bid and the award of such Contract to the lowest responsible contained in the Bid Documents. Bidder who accepts the revised qualifications.

31. CLARIFICATIONS / REVISIONS Prior to award, the 37. TIMEFRAME FOR OFFERS The Commissioner reserves the Commissioner reserves the right to seek clarifications, request Bid right to make awards within sixty (60) days after the date of the Bid revisions, or to request any information deemed necessary for proper opening or such other period of time as set forth in the Bid Documents, evaluation of Bids from all Bidders deemed to be eligible for Contract during which period, Bids must remain firm and cannot e withdrawn. award. Failure to provide requested information may result in Pursuant to Section 163(9)(e) of the State Finance Law and Section 2- rejection of the Bid. 205 of the Uniform Commercial Code when applicable, where an award is not made within the sixty (60) day period or other time 32. PROMPT PAYMENT DISCOUNTS While prompt payment specified as set forth in the Bid Documents, the Bids shall remain firm discounts will not be considered in determining the low Bid, the until such later time as either a Contract is awarded or the Bidder Commissioner may consider any prompt payment discount in delivers to the Commissioner written notice of the withdrawal of its resolving Bids which are otherwise tied. However, any notation Bid. Any Bid which expressly states therein that acceptance must be indicating that the price is net, (e.g., net 30 days), shall be understood made within a shorter specified time, may at the sole discretion of the to mean only that no prompt payment discount is offered by the Commissioner, be accepted or rejected. Bidder. The imposition of service, interest, or other charges, except pursuant to the provisions of Article 11-A of the State Finance Law, TERMS & CONDITIONS which are applicable in any case, may render the Bid non-responsive and may be cause for its rejection. 38. CONTRACT CREATION / EXECUTION Except for contracts governed by Article 11-B of the State Finance Law, subject 33. EQUIVALENT OR IDENTICAL BIDS In the event two to and upon receipt of all required approvals as set forth in the Bid offers are found to be substantially equivalent, price shall be the basis Specifications a Contract shall be deemed executed and created with for determining the award recipient. If two or more Bidders submit the successful Bidder(s), upon the Commissioner’s mailing or substantially equivalent Bids as to pricing or other factors, the decision electronic communication to the address on the Bid/Contract of: (i) of the Commissioner to award a Contract to one or more of such the final Contract Award Notice; (ii) a fully executed Contract; or (iii) Bidders shall be final. a Purchase Order authorized by the Commissioner.

34. PERFORMANCE AND RESPONSIBILITY 39. PARTICIPATION IN CENTRALIZED CONTRACTS The QUALIFICATIONS The Commissioner reserves the right to following shall not limit or inhibit the OGS Commissioner’s authority investigate or inspect at any time whether or not the Product, services, under State Finance Law, Section 163 (10) (e) (Piggybacking):

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GENERAL SPECIFICATIONS APPENDIX B

order forms, product literature, “shrink wrap” terms accompanying a. Agencies All State Agencies may utilize and purchase under any software upon delivery, or other documents) or by incorporating such state Centralized Contract let by the Commissioner, unless the Bid terms onto order forms, purchase orders or other documents forwarded Documents limit purchases to specific State Agencies. by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has b. Non-State Agency Authorized Users Authorized Users other subsequently processed such document for approval or payment. than State Agencies are permitted to make purchases through state Centralized Contracts where permitted by law, the Contract or the 41. SCOPE CHANGES The Commissioner reserves the right, Commissioner. unilaterally, to require, by written order, changes by altering, adding to or deducting from the Bid Specifications, such changes to be within c. Voluntary Extension Purchase Orders issued against a State the general scope of the Contract. The Commissioner may make an Centralized Contract by any Authorized User not provided for in the equitable adjustment in the Contract price or delivery date if the Bid Specifications shall be honored by the Contractor at its discretion change affects the cost or time of performance. Such equitable and only with the approval of the OGS Commissioner and any other adjustments require the consent of the Contractor, which consent shall approvals required by law. Contractors are encouraged to voluntarily not be unreasonably withheld. extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163 (3) (iv) of the State 42. ESTIMATED / SPECIFIC QUANTITY CONTRACTS Finance Law. Estimated quantity contracts are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the d. Responsibility for Performance Participation in state Contract term. No guarantee of any quantity(s) is implied or given. Centralized Contracts by Authorized Users is permitted upon the Purchases by Authorized Users from Contracts for services and following conditions: (i) the responsibility with regard to performance technology are voluntary. of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and With respect to any specific quantity stated in the contract, the is expressly assumed by such Authorized User and not by the State; Commissioner reserves the right after award to order up to 20% more (ii) a breach of the Contract by any particular Authorized User shall or less (rounded to the next highest whole number) than the specific neither constitute nor be deemed a breach of the Contract as a whole quantities called for in the Contract. Notwithstanding the foregoing, which shall remain in full force and effect, and shall not affect the the Commissioner may purchase greater or lesser percentages of validity of the Contract nor the obligations of the Contractor Contract quantities should the Commissioner and Contractor so agree. thereunder respecting non-breaching Authorized Users, whether State Such agreement may include an equitable price adjustment. or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and 43. EMERGENCY CONTRACTS In the event that a disaster all liability for such breach; and (iv) each non-state agency Authorized emergency is declared by Executive Order under Section 28 of Article User and Contractor guarantees to save the State, its officers, agents 2-B of the Executive Law, or the Commissioner determines pursuant and employees harmless from any liability that may be or is imposed to his/her authority under Section 163 (10) (b) of the State Finance by their failure to perform in accordance with its obligations under the Law that an emergency exists requiring the prompt and immediate Contract. delivery of Product, the Commissioner reserves the right to obtain such Product from any source, including but not limited to this e. Contract Migration Authorized Users holding individual Contract(s), as the Commissioner in his/her sole discretion determines Contracts with a Contractor at the time that Contractor is awarded a will meet the needs of such emergency. Contractor shall not be Centralized Contract for the same Products or services shall be entitled to any claim or lost profits for Product procured from other permitted to migrate to that Centralized Contract effective with its sources pursuant to this paragraph. The reasons underlying the finding commencement date. Such migration shall not operate to diminish, that an emergency exists shall be included in the procurement record. alter or eliminate any right that the Authorized User otherwise had under the terms and conditions of their individual Contract. 44. PURCHASE ORDERS Unless otherwise authorized in writing by the Commissioner, no Product is to be delivered or furnished by 40. MODIFICATION OF CONTRACT TERMS The terms and Contractor until transmittal of an official Purchase Order from the conditions set forth in the Contract shall govern all transactions by Authorized User. Unless terminated or cancelled pursuant to the Authorized User(s) under this Contract. The Contract may only be authority vested in the Commissioner, Purchase Orders shall be modified or amended upon mutual written agreement of the effective and binding upon the Contractor when placed in the mail or Commissioner and Contractor. electronically transmitted prior to the termination of the contract period, addressed to the Contractor at the address for receipt of orders The Contractor may, however, offer Authorized User(s) more set forth in the Contract or in the Contract Award Notification. advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms All Purchase Orders issued pursuant to Contracts let by the shall be furnished to the Authorized User(s) and Commissioner by the Commissioner must bear the appropriate Contract number and, if Contractor at the time of such offer. necessary, required State approvals. As deemed necessary, the Authorized User may confirm pricing and other Product information Other than where such terms are more advantageous for the with the Contractor prior to placement of the Purchase Order. The Authorized User(s) than those set forth in the Contract, no alteration or State reserves the right to require any other information from the modification of the terms of the Contract, including substitution of Contractor which the State deems necessary in order to complete any Product, shall be valid or binding against Authorized User(s) unless Purchase Order placed under the Contract. Unless otherwise specified, authorized by the Commissioner or specified in the Contract Award all Purchase Orders against Centralized Contracts will be placed by Notification. No such alteration or modification shall be made by Authorized Users directly with the Contractor and any discrepancy unilaterally affixing such terms to Product upon delivery (including, between the terms stated on the vendor’s order form, confirmation or but not limited to, attachment or inclusion of standard pre-printed acknowledgment, and the Contract terms shall be resolved in favor of

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GENERAL SPECIFICATIONS APPENDIX B the terms most favorable to the Authorized User. Should an Contractor from responsibility for safe and proper delivery Authorized User add written terms and conditions to the Purchase notwithstanding the Authorized User’s payment of transportation Order that conflict with the terms and conditions of the Contract, the charges. Contractor shall be responsible for ensuring that the Bill of Contractor has the option of rejecting the Purchase Order within five Lading states “charges prepaid” for all shipments. business days of its receipt but shall first attempt to negotiate the additional written terms and conditions in good faith with the c. Receipt of Product The Contractor shall be solely responsible Authorized User, or fulfill the Purchase Order. Notwithstanding the for assuring that deliveries are made to personnel authorized to accept above, the Authorized User reserves the right to dispute any delivery on behalf of the Authorized User. Any losses resulting from discrepancies arising from the presentation of additional terms and the Contractor’s failure to deliver Product to authorized personnel conditions with the Contractor. shall be borne exclusively by the Contractor.

If, with respect to an Agency Specific Contract let by the OGS 48. TITLE AND RISK OF LOSS Notwithstanding the form of Commissioner, a Purchase Order is not received by the Contractor shipment, title or other property interest, risk of loss shall not pass within two weeks after the issuance of a Contract Award Notification, from the Contractor to the Authorized User until the Products have it is the responsibility of the Contractor to request in writing that the been received, inspected and accepted by the receiving entity. appropriate Authorized User forward a Purchase Order. If, thereafter, Acceptance shall occur within a reasonable time or in accordance with a Purchase Order is not received within a reasonable period of time, such other defined acceptance period as may be specified in the Bid the Contractor shall promptly notify in writing the appropriate Specifications or Purchase Order. Mere acknowledgment by purchasing officer in OGS. Failure to timely notify such officer may, Authorized User personnel of the delivery or receipt of goods (e.g., in the discretion of the OGS Commissioner and without cost to the signed bill of lading) shall not be deemed or construed as acceptance State, result in the cancellation of such requirement by the OGS of the Products received. Any delivery of Product that is substandard Commissioner with a corresponding reduction in the Contract quantity or does not comply with the Bid Specifications or Contract terms and and price. conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner. 45. PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the 49. RE-WEIGHING PRODUCT Deliveries are subject to re- terms of the Contract or Contract Award Notice. Unless otherwise weighing at the point of destination by the Authorized User. If specified in the Bid Documents, delivery shall be made within thirty shrinkage occurs which exceeds that normally allowable in the trade, calendar days after receipt of a Purchase Order by the Contractor. The the Authorized User shall have the option to require delivery of the decision of the Commissioner as to compliance with delivery terms difference in quantity or to reduce the payment accordingly. Such shall be final. The burden of proof for delay in receipt of Purchase option shall be exercised in writing by the Authorized User. Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the 50. PRODUCT SUBSTITUTION In the event a specified Commissioner and the Authorized User, and confirm in writing the manufacturer’s Product listed in the Contract becomes unavailable or explanation of the delay, and take appropriate action to avoid any cannot be supplied by the Contractor for any reason (except as subsequent late deliveries. Any extension of time for delivery must be provided for in the Savings/Force Majeure Clause) a Product deemed requested in writing by the Contractor and approved in writing by the in writing by the Commissioner to be equal to or better than the Authorized User. Failure to meet such delivery time schedule may be specified Product must be substituted by the Contractor at no grounds for cancellation of the order or, in the Commissioner’s additional cost or expense to the Authorized User. Unless otherwise discretion, the Contract. specified, any substitution of Product prior to the Commissioner’s written approval may be cause for cancellation of Contract. 46. WEEKEND AND HOLIDAY DELIVERIES Unless otherwise specified in the Bid Specifications or by an Authorized User, 51. REJECTED PRODUCT When Product is rejected, it must be deliveries will be scheduled for ordinary business hours, Monday removed by the Contractor from the premises of the Authorized User through Friday (excluding legal holidays observed by the State of New within ten calendar days of notification of rejection by the Authorized York). Deliveries may be scheduled by mutual agreement for User. Upon notification of rejection, risk of loss of rejected or non- Saturdays, Sundays or legal holidays observed by the State of New conforming Product shall remain with Contractor. Rejected items not York where the Product is for daily consumption, an emergency exists, removed by the Contractor within ten calendar days of notification the delivery is a replacement, delivery is late, or other reasonable shall be regarded as abandoned by the Contractor, and the Authorized circumstance in which event the convenience of the Authorized User User shall have the right to dispose of Product as its own property. shall govern. The Contractor shall promptly reimburse the Authorized User for any and all costs and expenses incurred in storage or effecting removal or 47. SHIPPING/RECEIPT OF PRODUCT disposition after the ten-calendar day period. a. Packaging Tangible Product shall be securely and properly packed for shipment, storage and stocking in appropriate, clearly 52. INSTALLATION Where installation is required, Contractor labeled shipping containers and according to accepted commercial shall be responsible for placing and installing the Product in the practice, without any extra charges for packing materials, cases or required locations. All materials used in the installation shall be of other types of containers. The container shall become and remain the good quality and shall be free from any and all defects that would mar property of the Authorized User unless otherwise specified in the the appearance of the Product or render it structurally unsound. Contract documents. Installation includes the furnishing of any equipment, rigging and materials required to install or place the Product in the proper location. b. Shipping Charges Unless otherwise stated in the Bid The Contractor shall protect the site from damage for all its work and Specifications, all deliveries shall be deemed to be freight on board shall repair damages or injury of any kind caused by the Contractor, its (F.O.B.) destination tailgate delivery at the dock of the Authorized employees, officers or agents. If any alteration, dismantling or User. Unless otherwise agreed, items purchased at a price F.O.B. excavation, etc. is required to effect installation, the Contractor shall Shipping point plus transportation charges shall not relieve the thereafter promptly restore the structure or site. Work shall be

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GENERAL SPECIFICATIONS APPENDIX B performed to cause the least inconvenience to the Authorized User(s) of functions under which the functions are transferred to a successor and with proper consideration for the rights of other Contractors or Agency or to another Agency that assumes OGS responsibilities for workers. The Contractor shall promptly perform its work and shall the Contract. coordinate its activities with those of other Contractors. The Contractor shall clean up and remove all debris and rubbish from its 57. SUBCONTRACTORS AND SUPPLIERS The Commissioner work as required or directed. Upon completion of the work, the reserves the right to reject any proposed Subcontractor or supplier for building and surrounding area of work shall be left clean and in a neat, bona fide business reasons, which may include, but are not limited to: unobstructed condition, and everything in satisfactory repair and order. they are on the Department of Labor’s list of companies with which New York State cannot do business; the Commissioner determines that 53. REPAIRED OR REPLACED PARTS / COMPONENTS the company is not qualified; the Commissioner determines that the Where the Contractor is required to repair, replace or substitute company is not responsible; the company has previously provided Product or parts or components of the Product under the Contract, the unsatisfactory work or services; the company failed to solicit minority repaired, replaced or substituted Products shall be subject to all terms and women’s business enterprises (M/WBE) Bidders as required by and conditions for new parts and components set forth in the Contract prior Contracts. including Warranties, as set forth in the Additional Warranties Clause herein. Replaced or repaired Product or parts and components of such 58. PERFORMANCE / BID BOND The Commissioner reserves Product shall be new and shall, if available, be replaced by the original the right to require a Bidder or Contractor to furnish without additional manufacturer’s component or part. Remanufactured parts or components cost, a performance, payment or Bid bond or negotiable irrevocable meeting new Product standards may be permitted by the Commissioner or letter of credit or other form of security for the faithful performance of Authorized User. Before installation, all proposed substitutes for the the Contract. Where required, such bond or other security shall be in original manufacturer’s installed parts or components must be approved the form prescribed by the Commissioner. by the Authorized User. The part or component shall be equal to or of better quality than the original part or component being replaced. 59. SUSPENSION OF WORK The Commissioner, in his/her sole discretion, reserves the right to suspend any or all activities under this 54. ON-SITE STORAGE With the written approval of the Contract, at any time, in the best interests of the Authorized User. In Authorized User, materials, equipment or supplies may be stored at the the event of such suspension, the Contractor will be given a formal Authorized User’s site at the Contractor’s sole risk. written notice outlining the particulars of such suspension. Examples of the reason for such suspension include, but are not limited to, a 55. EMPLOYEES, SUBCONTRACTORS & AGENTS All budget freeze or reduction on State spending, declaration of employees, Subcontractors or agents performing work under the Contract emergency, contract compliance issues or other such circumstances. must be trained staff or technicians who meet or exceed the professional, Upon issuance of such notice, the Contractor is not to accept any technical and training qualifications set forth in the Bid Specifications or Purchase Orders, and shall comply with the suspension order. Activity the Bid Documents, whichever is more restrictive, and must comply with may resume at such time as the Commissioner issues a formal written all security and administrative requirements of the Authorized User. The notice authorizing a resumption of performance under the Contract. Commissioner reserves the right to conduct a security background check or otherwise approve any employee, Subcontractor or agent furnished by An Authorized User may issue a formal written notice for the Contractor and to refuse access to or require replacement of any personnel suspension of work for which it has engaged the Contractor for for cause based on, including but not limited to, professional, technical or reasons specified in the above paragraph. The written notice shall set training qualifications, quality of work or change in security status or non- forth the reason for such suspension and a copy of the written notice compliance with Authorized User’s security or other requirements. Such shall be provided to the Commissioner. approval shall not relieve the Contractor of the obligation to perform all work in compliance with the Contract terms. The Commissioner reserves 60. TERMINATION the right to reject and/or bar from the facility for cause any employee, a. For Cause: For a material breach that remains uncured for more Subcontractor, or agents of the Contractor. than thirty (30) days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the 56. ASSIGNMENT The Contractor shall not assign, transfer, Commissioner or Authorized User at the Contractor’s expense where convey, sublet, or otherwise dispose of the contract or its right, title or Contractor becomes unable or incapable of performing, or meeting any interest therein, or its power to execute such contract to any other requirements or qualifications set forth in the Contract, or for non- person, company, firm or corporation in performance of the contract performance, or upon a determination that Contractor is non- without the prior written consent of the Commissioner or Authorized responsible. Such termination shall be upon written notice to the User (as applicable). Failure to obtain consent to assignment from the Contractor. In such event, the Commissioner or Authorized User may Authorized User shall revoke and annul such Contract. complete the contractual requirements in any manner it may deem Notwithstanding the foregoing, the State shall not hinder, prevent or advisable and pursue available legal or equitable remedies for breach. affect assignment of money by a Contractor for the benefit of its creditors. Prior to a consent to assignment of monies becoming b. For Convenience: By written notice, this Contract may be effective, the Contractor shall file a written notice of such monies terminated at any time by the State for convenience upon sixty (60) days assignment(s) with the Comptroller. Prior to a consent to assignment written notice or other specified period without penalty or other early of a Contract, or portion thereof, becoming effective, the Contractor termination charges due. Such termination of the Contract shall not shall submit the request to assignment to the Commissioner and seek affect any project or Purchase Order that has been issued under the written agreement from the Commissioner which will be filed with the Contract prior to the date of such termination. If the Contract is Comptroller. The Commissioner reserves the right to reject any terminated pursuant to this subdivision, the Authorized User shall proposed assignee in his/her discretion. remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and provide Upon notice to the Contractor, the Contract may be assigned without any outstanding deliverables. the consent of the Contractor to another State Agency or subdivision of the State pursuant to a governmental reorganization or assignment

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GENERAL SPECIFICATIONS APPENDIX B c. For Violation of the Sections 139-j and 139-k of the State that continued performance of the Contract would result in a Finance Law: The Commissioner reserves the right to terminate the substantial loss. Contract in the event it is found that the certification filed by the Bidder in accordance with Section 139-k of the State Finance Law was 62. CONTRACT BILLINGS Contractor and the intentionally false or intentionally incomplete. Upon such finding, the distributors/resellers designated by the Contractor, if any, shall provide Commissioner may exercise its termination right by providing written complete and accurate billing invoices to each Authorized User in notification to the Contractor in accordance with the written order to receive payment. Billings for Authorized Users must contain notification terms of the Contract. all information required by the Contract and the State Comptroller. The State Comptroller shall render payment for Authorized User d. For Violation of Revised Tax Law 5a: The Commissioner purchases, and such payment shall be made in accordance with reserves the right to terminate the contract in the event it is found that ordinary State procedures and practices. Payment of Contract the certification filed by the Contractor in accordance with §5-a of the purchases made by Authorized Users, other than Agencies, shall be Tax Law is not timely filed during the term of the Contract or the billed directly by Contractor on invoices/vouchers, together with certification furnished was intentionally false or intentionally complete and accurate supporting documentation as required by the incomplete. Upon such finding, the Commissioner may exercise its Authorized User. termination right by providing written notification to the Contractor. Submission of an invoice and payment thereof shall not preclude the 61. SAVINGS/FORCE MAJEURE A force majeure occurrence is Commissioner from reimbursement or demanding a price adjustment an event or effect that cannot be reasonably anticipated or controlled. in any case where the Product delivered is found to deviate from the Force majeure includes, but is not limited to, acts of God, acts of war, terms and conditions of the Contract or where the billing was acts of public enemies, strikes, fires, explosions, actions of the inaccurate. elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract Contractor shall provide, upon request of the Commissioner, any and which non- performance, by exercise of reasonable diligence, cannot all information necessary to verify the accuracy of the billings. Such be prevented. Contractor shall provide the Commissioner with written information shall be provided in the format requested by the notice of any force majeure occurrence as soon as the delay is known. Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide Neither the Contractor nor the Commissioner shall be liable to the the information to the State Comptroller or to any Authorized User of other for any delay in or failure of performance under the Contract due the Contract. to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for 63. DEFAULT – AUTHORIZED USER damages. The existence of such causes of such delay or failure shall a. Breach of Authorized User Not Breach of Centralized Contract. extend the period for performance to such extent as determined by the An Authorized User’s breach shall not be deemed a breach of the Contractor and the Commissioner to be necessary to enable complete Centralized Contract, rather it shall be deemed a breach of the performance by the Contractor if reasonable diligence is exercised Authorized User’s performance under the terms and conditions of the after the cause of delay or failure has been removed. Centralized Contract.

Notwithstanding the above, at the discretion of the Commissioner b. Failure to Make Payment. In the event a participating Authorized where the delay or failure will significantly impair the value of the User fails to make payment to the Contractor for Products delivered, Contract to the State or to Authorized Users, the Commissioner may: accepted and properly invoiced, within 60 days of such delivery and acceptance, the Contractor may, upon 10 days advance written notice a. Accept allocated performance or deliveries from the Contractor. to both the Commissioner and the Authorized User’s purchasing The Contractor, however, hereby agrees to grant preferential treatment official, suspend additional shipments of Product or provision of to Authorized Users with respect to Product subjected to allocation; services to such entity until such time as reasonable arrangements have and/or been made and assurances given by such entity for current and future Contract payments. b. Purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of c. Notice of Breach. Notwithstanding the foregoing, the Contractor the Products which are the subject of the delay, which purchases may shall, at least 10 days prior to declaring a breach of Contract by any be deducted from the Contract quantities without penalty or liability to Authorized User, by certified or registered mail, notify both the the State; or Commissioner and the purchasing official of the breaching Authorized User of the specific facts, circumstances and grounds upon which a c. Terminate the Contract or the portion thereof which is subject to breach will be declared. delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. d. It is understood, however, that if the Contractor’s basis for declaring a breach is insufficient, the Contractor’s declaration of In addition, the Commissioner reserves the right, in his/her sole breach and failure to service an Authorized User shall constitute a discretion, to make an equitable adjustment in the Contract terms breach of its Contract and the Authorized User may thereafter seek any and/or pricing should extreme and unforeseen volatility in the remedy available at law or equity. marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market 64. INTEREST ON LATE PAYMENTS circumstances which meet the following criteria: (i) the volatility is a. State Agencies The payment of interest on certain payments due due to causes outside the control of Contractor; (ii) the volatility and owed by Agency may be made in accordance with Article 11-A of affects the marketplace or industry, not just the particular Contract the State Finance Law (SFL §179-d et. Seq.) and Title 2 of the New source of supply; (iii) the effect on pricing or availability of supply is York Code of Rules and Regulations, Part 18 (Implementation of substantial; and (iv) the volatility so affects Contractor's performance Prompt Payment Legislation -2 NYCRR §18.1 et seq.).

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GENERAL SPECIFICATIONS APPENDIX B

or portion of the claim still outstanding, on demand. The b. By Non-State Agencies The terms of Article 11-A apply only to Commissioner reserves the right to determine the disposition of any procurements by and the consequent payment obligations of Agencies. rebates, settlements, restitution, liquidated damages, etc., which arise Neither expressly nor by any implication is the statute applicable to from the administration of the Contract. Non-State Authorized Users. Neither OGS nor the State Comptroller is responsible for payments on any purchases made by a Non-State 66. ASSIGNMENT OF CLAIM Contractor hereby assigns to the Agency Authorized User. State any and all its claims for overcharges associated with this Contract which may arise under the antitrust laws of the United States, c. By Contractor Should the Contractor be liable for any payments 15 USC Section 1, et. seq. and the antitrust laws of the State of New to the State hereunder, interest, late payment charges and collection fee York, General Business Law Section 340, et. seq. charges will be determined and assessed pursuant to Section 18 of the State Finance Law. 67. TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide 65. REMEDIES FOR BREACH It is understood and agreed that such Authorized User with not less than two copies of a material safety all rights and remedies afforded below shall be in addition to all data sheet, which sheet shall include for each such substance the remedies or actions otherwise authorized or permitted by law: information outlined in Section 876 of the Labor Law. a. Cover/Substitute Performance In the event of Contractor's Before any chemical product is used or applied on or in any building, a material breach, the Commissioner may, with or without formally copy of the product label and Material Safety Data Sheet must be Bidding: (i) Purchase from other sources; or (ii) If the Commissioner provided to and approved by the Authorized User agency representative. is unsuccessful after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or 68. INDEPENDENT CONTRACTOR It is understood and agreed acquire replacement Product of equal or comparable quality, the that the legal status of the Contractor, its agents, officers and employees Commissioner may acquire acceptable replacement Product of lesser under this Contract is that of an independent Contractor, and in no manner or greater quality. shall they be deemed employees of the Authorized User, and therefore are not entitled to any of the benefits associated with such employment. The Such purchases may, in the discretion of the Commissioner, be Contractor agrees, during the term of this Contract, to maintain at deducted from the Contract quantity and payments due Contractor. Contractor’s expense those benefits to which its employees would otherwise be entitled by law, including health benefits, and all necessary b. Withhold Payment In any case where a question of non- insurance for its employees, including worker’s compensation, disability performance by Contractor arises, payment may be withheld in whole and unemployment insurance, and to provide the Authorized User with or in part at the discretion of the Commissioner. Should the amount certification of such insurance upon request. The Contractor remains withheld be finally paid, a cash discount originally offered may be responsible for all applicable federal, state and local taxes, and all FICA taken as if no delay in payment had occurred. contributions. c. Bankruptcy In the event that the Contractor files a petition 69. SECURITY Contractor warrants, covenants and represents that under the U.S. Bankruptcy Code during the term of this Centralized it will comply fully with all security procedures of the Authorized Contract, Authorized Users may, at their discretion, make application User(s) in performance of the Contract including but not limited to to exercise its right to set-off against monies due the Debtor or, under physical, facility, documentary and cyber security rules, procedures the Doctrine of Recoupment, credit the Authorized User the amounts and protocols. owed by the Contractor arising out of the same transactions. 70. COOPERATION WITH THIRD PARTIES The Contractor d. Reimbursement of Costs Incurred The Contractor agrees to shall be responsible for fully cooperating with any third party, reimburse the Authorized User promptly for any and all additional including but not limited to other Contractors or Subcontractors of the costs and expenses incurred for acquiring acceptable services, and/or Authorized User, as necessary to ensure delivery of Product or replacement Product. Should the cost of cover be less than the coordination of performance of services. Contract price, the Contractor shall have no claim to the difference. The Contractor covenants and agrees that in the event suit is 71. CONTRACT TERM - RENEWAL In addition to any stated successfully prosecuted for any default on the part of the Contractor, renewal periods in the Contract, any Contract or unit portion thereof all costs and expenses expended or incurred by the Authorized User in let by the Commissioner may be extended by the Commissioner for an connection therewith, including reasonable attorney’s fees, shall be additional period(s) of up to one year with the written concurrence of paid by the Contractor. the Contractor and Comptroller. Such extension may be exercised on a month to month basis or in other stated periods of time during the Where the Contractor fails to timely deliver pursuant to the guaranteed one year extension. delivery terms of the Contract, the ordering Authorized User may rent substitute equipment temporarily. Any sums expended for such rental 72. ADDITIONAL WARRANTIES Where Contractor, product shall, upon demand, be reimbursed to the Authorized User promptly manufacturer or service provider generally offers additional or more by the Contractor or deducted by the Authorized User from payments advantageous warranties than set forth below, Contractor shall offer or due or to become due the Contractor on the same or another pass through any such warranties to Authorized Users. Contractor transaction. hereby warrants and represents: e. Deduction/Credit Sums due as a result of these remedies may a. Product Performance Contractor warrants and represents that be deducted or offset by the Authorized User from payments due, or to Products delivered pursuant to this Contract conform to the become due, the Contractor on the same or another transaction. If no manufacturer's specifications, performance standards and deduction or only a partial deduction is made in such fashion the documentation, and the documentation fully describes the proper Contractor shall pay to the Authorized User the amount of such claim procedure for using the Products.

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GENERAL SPECIFICATIONS APPENDIX B

beyond the Project warranty or extended warranty period(s), b. Title and Ownership Warranty Contractor warrants, represents Contractor shall notify the Authorized User and pass through the and conveys (i) full ownership, clear title free of all liens, or (ii) the manufacturer’s standard commercial warranty to Authorized User at right to transfer or deliver perpetual license rights to any Products no additional charge; provided, however, that Contractor shall not be transferred to Authorized User under this Contract. Contractor shall responsible for coordinating services under the third party extended be solely liable for any costs of acquisition associated therewith. warranty after expiration of the Project warranty and extended Contractor fully indemnifies the Authorized User for any loss, warranty period(s). damages or actions arising from a breach of said warranty without limitation. e. Replacement Parts Warranty If during the regular or extended warranty period’s faults develop, the Contractor shall promptly repair c. Contractor Compliance Contractor represents and warrants to or, upon demand, replace the defective unit or component part pay, at its sole expense, for all applicable permits, licenses, tariffs, tolls affected. All costs for labor and material and transportation incurred and fees to give all notices and comply with all laws, ordinances, rules to repair or replace defective Product during the warranty period shall and regulations of any governmental entity in conjunction with the be borne solely by the Contractor, and the State or Authorized User performance of obligations under the Contract. Prior to award and shall in no event be liable or responsible therefor. during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or Any part of component replaced by the Contractor under the Contract exceeds all requirements of the Bid/Contract and any applicable laws, warranty shall be replaced at no cost to the Authorized User and including but not limited to, permits, insurance coverage, licensing, guaranteed for the greater of: a) the warranty period under paragraph (d) proof of coverage for worker’s compensation, and shall provide such above; or b) if a separate warranty for that part or component is generally proof as required by the Commissioner. Failure to do so may offered by the manufacturer, the standard commercial warranty period constitute grounds for the Commissioner to cancel or suspend this offered by the manufacturer for the individual part or component. Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner. f. Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not d. Product Warranty Unless recycled or recovered materials are responsible for viruses introduced at Licensee’s site. available in accordance with the “Recycled or Recovered Materials” clause, Product offered shall be standard new equipment, current g. Date/Time Warranty Contractor warrants that Product(s) model or most recent release of regular stock product with all parts furnished pursuant to this Contract shall, when used in accordance with regularly used with the type of equipment offered; and no attachment the Product documentation, be able to accurately process date/time data or part has been substituted or applied contrary to the manufacturer’s (including, but not limited to, calculating, comparing, and sequencing) recommendations and standard practice. transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific Products must perform as Contractor further warrants and represents that components or a package or system, this warranty shall apply to the Products as a system. deliverables specified and furnished by or through Contractor shall individually, and where specified and furnished as a system, be Where Contractor is providing ongoing services, including but not limited substantially uninterrupted or error-free in operation and guaranteed to: i) consulting, integration, code or data conversion, ii) maintenance or against faulty material and workmanship for the warranty period, or support services, iii) data entry or processing, or iv) contract for a minimum of one (1) year from the date of acceptance, whichever administration services (e.g., billing, invoicing, claim processing), is longer (“Project warranty period”). During the Project warranty Contractor warrants that services shall be provided in an accurate and period, defects in the materials or workmanship of components or timely manner without interruption, failure or error due to the inaccuracy deliverables specified and furnished by or through Contractor shall be of Contractor’s business operations in processing date/time data repaired or replaced by Contractor at no cost or expense to the (including, but not limited to, calculating, comparing, and sequencing) Authorized User. Contractor shall extend the Project warranty period various date/time transitions, including leap year calculations. Contractor for individual component(s), or for the System as a whole, as shall be responsible for damages resulting from any delays, errors or applicable, by the cumulative period(s) of time, after notification, untimely performance resulting therefrom, including but not limited to the during which an individual component or the System requires failure or untimely performance of such services. servicing or replacement (down time) or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers This Date/Time Warranty shall survive beyond termination or expiration or employees (“extended warranty”). of this contract through: a) ninety (90) days or b) the Contractor’s or Product manufacturer/developer’s stated date/time warranty term, Where Contractor, the Independent Software Vendor “ISV,” or other whichever is longer. Nothing in this warranty statement shall be third party manufacturer markets any Project Deliverable delivered by construed to limit any rights or remedies otherwise available under this or through Contractor with a standard commercial warranty, such Contract for breach of warranty. standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the project h. Workmanship Warranty Contract warrants that all warranty and extended warranty period(s). Where such standard components or deliverables specified and furnished by or through commercial warranty covers all or some of the Project warranty or Contractor under the Project Definition/Work Order meet the extended warranty period(s), Contractor shall be responsible for the completion criteria set forth in the Project Definition/Work Order and coordination during the Project warranty or extended warranty any subsequent statement(s) of work, and that services will be period(s) with ISV or other third party manufacturer(s) for warranty provided in a workmanlike manner in accordance with industry repair or replacement of ISV or other third party manufacturer’s standards. Product. i. Survival of Warranties All warranties contained in this Where Contractor, ISV or other third party manufacturer markets any Contract shall survive the termination of this Contract. Project Deliverable with a standard commercial warranty which goes

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GENERAL SPECIFICATIONS APPENDIX B

73. LEGAL COMPLIANCE Contractor represents and warrants Office of the Attorney General in writing and shall specify to what that it shall secure all notices and comply with all laws, ordinances, extent Contractor believes it is obligated to defend and indemnify rules and regulations of any governmental entity in conjunction with under the terms and conditions of the Contract. Contractor shall in the performance of obligations under the Contract. Prior to award and such event protect the interests of the Authorized User and secure a during the Contract term and any renewals thereof, Contractor must continuance to permit the Authorized User to appear and defend its establish to the satisfaction of the Commissioner that it meets or interests in cooperation with Contractor, as is appropriate, including exceeds all requirements of the Bid and Contract and any applicable any jurisdictional defenses the Authorized User may have. This laws, including but not limited to, permits, licensing, and shall provide constitutes the Authorized User’s sole and exclusive remedy for patent such proof as required by the Commissioner. Failure to comply or infringement, or for infringement of any other third party proprietary failure to provide proof may constitute grounds for the Commissioner right. to cancel or suspend the Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner. Contractor also 76. LIMITATION OF LIABILITY Except as otherwise set forth agrees to disclose information and provide affirmations and in the Indemnification Paragraphs above, the limit of liability shall be certifications to comply with Sections 139-j and 139-k of the State as follows: Finance Law. a. Contractor’s liability for any claim, loss or liability arising out of, 74. INDEMNIFICATION Contractor shall be fully liable for the or connected with the Products and services provided, and whether actions of its agents, employees, partners or Subcontractors and shall based upon default, or other liability such as breach of contract, fully indemnify and save harmless the Authorized Users from suits, warranty, negligence, misrepresentation or otherwise, shall in no case actions, damages and costs of every name and description relating to exceed direct damages in: (i) an amount equal to two (2) times the personal injury and damage to real or personal tangible property charges specified in the Purchase Order for the Products and services, caused by any intentional act or negligence of Contractor, its agents, or parts thereof forming the basis of the Authorized User’s claim, (said employees, partners or Subcontractors, without limitation; provided, amount not to exceed a total of twelve (12) months charges payable however, that the Contractor shall not indemnify for that portion of under the applicable Purchase Order) or (ii) one million dollars any claim, loss or damage arising hereunder due to the negligent act or ($1,000,000), whichever is greater. failure to act of the Authorized Users. b. The Authorized User may retain such monies from any amount 75. INDEMNIFICATION RELATING TO THIRD PARTY due Contractor as may be necessary to satisfy any claim for damages, RIGHTS The Contractor will also indemnify and hold the Authorized costs and the like asserted against the Authorized User unless Users harmless from and against any and all damages, expenses Contractor at the time of the presentation of claim shall demonstrate to (including reasonable attorneys' fees), claims, judgments, liabilities the Authorized User’s satisfaction that sufficient monies are set aside and costs that may be finally assessed against the Authorized Users in by the Contractor in the form of a bond or through insurance coverage any action for infringement of a United States Letter Patent, or of any to cover associated damages and other costs. copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the Authorized Users gross c. Notwithstanding the above, neither the Contractor nor the negligence or willful misconduct, provided that the State shall give Authorized User shall be liable for any consequential, indirect or Contractor: (i) prompt written notice of any action, claim or threat of special damages of any kind which may result directly or indirectly infringement suit, or other suit, (ii) the opportunity to take over, settle from such performance, including, without limitation, damages or defend such action, claim or suit at Contractor's sole expense, and resulting from loss of use or loss of profit by the Authorized User, the (iii) assistance in the defense of any such action at the expense of Contractor, or by others. Contractor. 77. INSURANCE Contractor shall secure and maintain insurance If usage shall be enjoined for any reason or if Contractor believes that coverage as specified in the Bid Documents and shall promptly it may be enjoined, Contractor shall have the right, at its own expense provide documentation of specified coverages to the Authorized User. and sole discretion to take action in the following order of precedence: If specified, the Contractor may be required to add the Authorized (i) to procure for the Authorized User the right to continue Usage (ii) User as an additional insured. to modify the service or Product so that Usage becomes non- infringing, and is of at least equal quality and performance; or (iii) to THE FOLLOWING CLAUSES PERTAIN TO replace said service or Product or part(s) thereof, as applicable, with TECHNOLOGY & NEGOTIATED CONTRACTS non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall 78. SOFTWARE LICENSE GRANT Where Product is acquired terminate the Contract, in whole or in part as necessary and applicable, on a licensed basis the following shall constitute the license grant: provided the Authorized User is given a refund for any amounts paid for the period during which Usage was not feasible. a. License Scope Licensee is granted a non-exclusive, perpetual license to use, execute, reproduce, display, perform, or merge the The foregoing provisions as to protection from third party rights shall Product within its business enterprise in the United States up to the not apply to any infringement occasioned by modification by the maximum licensed capacity stated on the Purchase Order. Product Authorized User of any Product without Contractor’s approval. may be accessed, used, executed, reproduced, displayed or performed up to the capacity measured by the applicable licensing unit stated on the In the event that an action at law or in equity is commenced against the Purchase Order (i.e., payroll size, number of employees, CPU, MIPS, Authorized User arising out of a claim that the Authorized User's use of MSU, concurrent user, workstation). Licensee shall have the right to the service or Product under the Contract infringes any patent, use and distribute modifications or customizations of the Product to copyright or proprietary right, and Contractor is of the opinion that the and for use by any Authorized Users otherwise licensed to use the allegations in such action in whole or in part are not covered by the Product, provided that any modifications, however extensive, shall not indemnification and defense provisions set forth in the Contract, diminish Licensor’s proprietary title or interest. No license, right or Contractor shall immediately notify the Authorized User and the

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GENERAL SPECIFICATIONS APPENDIX B interest in any trademark, trade name, or service mark is granted license or other transfer fees due Contractor, provided that: i) the hereunder. maximum capacity of the consolidated machine is equal to the combined individual license capacity of all licenses running at the b. License Term The license term shall commence upon the consolidated or transferred site (e.g., named users, seats, or MIPS); or License Effective Date, provided, however, that where an acceptance ii) if the maximum capacity of the consolidated machine is greater or trial period applies to the Product, the License Term shall be than the individual license capacity being transferred, a logical or extended by the time period for testing, acceptance or trial. physical partition or other means of restricting access will be maintained within the computer system so as to restrict use and access c. Licensed Documentation If commercially available, Licensee to the Product to that unit of licensed capacity solely dedicated to shall have the option to require the Contractor to deliver, at beneficial use for Licensee. In the event that the maximum capacity of Contractor’s expense: (i) one (1) hard copy and one (1) master the consolidated machine is greater than the combined individual electronic copy of the Documentation in a mutually agreeable format; license capacity of all licenses running at the consolidated or (ii) based on hard copy instructions for access by downloading from transferred site, and a logical or physical partition or other means of the Internet (iii) hard copies of the Product Documentation by type of restricting use is not available, the fees due Contractor shall not exceed license in the following amounts, unless otherwise mutually agreed: the fees otherwise payable for a single license for the upgrade capacity. • Individual/Named User License - one (1) copy per License • Concurrent Users - 10 copies per site f. Restricted Use By Outsourcers / Facilities Management, • Processing Capacity - 10 copies per site Service Bureaus / or Other Third Parties Outsourcers, facilities management or service bureaus retained by Licensee shall have the Software media must be in a format specified by the Authorized User, right to use the Product to maintain Licensee’s business operations, without requiring any type of conversion. including data processing, for the time period that they are engaged in such activities, provided that: 1) Licensee gives notice to Contractor Contractor hereby grants to Licensee a perpetual license right to make, of such party, site of intended use of the Product, and means of access; reproduce (including downloading electronic copies of the Product) and 2) such party has executed, or agrees to execute, the Product and distribute, either electronically or otherwise, copies of Product manufacturer’s standard nondisclosure or restricted use agreement Documentation as necessary to enjoy full use of the Product in which executed agreement shall be accepted by the Contractor (“Non- accordance with the terms of license. Disclosure Agreement”); and 3) if such party is engaged in the business of facility management, outsourcing, service bureau or other d. Product Technical Support & Maintenance Licensee shall services, such third party will maintain a logical or physical partition have the option of electing the Product technical support and within its computer system so as to restrict use and access to the maintenance (“maintenance”) set forth in the Contract by giving program to that portion solely dedicated to beneficial use for Licensee. written notice to Contractor any time during the Centralized Contract In no event shall Licensee assume any liability for third party’s term. Maintenance term(s) and any renewal(s) thereof are independent compliance with the terms of the Non-Disclosure Agreement, nor shall of the expiration of the Centralized Contract term and will not the Non-Disclosure Agreement create or impose any liabilities on the automatically renew. State or Licensee.

Maintenance shall include, at a minimum, (i) the provision of error Any third party with whom a Licensee has a relationship for a state corrections, updates, revisions, fixes, upgrade and new releases to function or business operation, shall have the temporary right to use Licensee, and (ii) Help Desk assistance with locally accessible “800” Product (e.g., JAVA Applets), provided that such use shall be limited or toll free, local telephone service, or alternatively on-line Help Desk to the time period during which the third party is using the Product for accessibility. Contractor shall maintain the Products so as to provide the function or business activity. Licensee with the ability to utilize the Products in accordance with the Product documentation without significant functional downtime to its g. Archival Back-Up and Disaster Recovery Licensee may use ongoing business operations during the maintenance term. and copy the Product and related Documentation in connection with: i) reproducing a reasonable number of copies of the Product for Authorized User shall not be required to purchase maintenance for use archival backup and disaster recovery procedures in the event of of Product, and may discontinue maintenance at the end of any current destruction or corruption of the Product or disasters or emergencies maintenance term upon notice to Contractor. In the event that which require Licensee to restore backup(s) or to initiate disaster Authorized User does not initially acquire or discontinues maintenance recovery procedures for its platform or operating systems; ii) of licensed Product, it may, at any time thereafter, reinstate reproducing a reasonable number of copies of the Product and related maintenance for Product without any additional penalties or other Documentation for cold site storage. “Cold Site” storage shall be charges, by paying Contractor the amount which would have been due defined as a restorable back-up copy of the Product not to be installed under the Contract for the period of time that such maintenance had until and after the declaration by the Licensee of a disaster; iii) lapsed, at then current NYS net maintenance rates. reproducing a back-up copy of the Product to run for a reasonable period of time in conjunction with a documented consolidation or e. Permitted License Transfers As Licensee’s business operations transfer otherwise allowed herein. “Disaster Recovery” shall be may be altered, expanded or diminished, licenses granted hereunder defined as the installation and storage of Product in ready-to-execute, may be transferred or combined for use at an alternative or back-up computer systems prior to disaster or breakdown which is not consolidated site not originally specified in the license, including used for active production or development. transfers between Agencies (“permitted license transfers”). Licensee(s) do not have to obtain the approval of Contractor for h. Confidentiality Restrictions The Product is a trade secret, permitted license transfers, but must give thirty (30) days prior written copyrighted and proprietary product. Licensee and its employees will notice to Contractor of such move(s) and certify in writing that the keep the Product strictly confidential, and Licensee will not disclose or Product is not in use at the prior site. There shall be no additional otherwise distribute or reproduce any Product to anyone other than as

July 2006 16

GENERAL SPECIFICATIONS APPENDIX B authorized under the terms of Contract. Licensee will not remove or 80. AUDIT OF LICENSED PRODUCT USAGE Contractor destroy any proprietary markings of Contractor. shall have the right to periodically audit, no more than annually, at Contractor’s expense, use of licensed Product at any site where a copy i. Restricted Use by Licensee Except as expressly authorized by of the Product resides provided that: (i) Contractor gives Licensee(s) the terms of license, Licensee shall not: at least thirty (30) days advance written notice, (ii) such audit is (i) Copy the Product; conducted during such party’s normal business hours, (iii) the audit is (ii) Cause or permit reverse compilation or reverse assembly of conducted by an independent auditor chosen on mutual agreement of all or any portion of the Product; the parties. Contractor shall recommend a minimum of three (3) (iii) Export the Licensed Software in violation of any U.S. auditing/accounting firms from which the Licensee will select one (1). Department of Commerce export administration regulations. In no case shall the Business Software Alliance (BSA), Software Publishers Association (SPA), Software and Industry Information 79. PRODUCT ACCEPTANCE Unless otherwise provided by Association (SIIA) or Federation Against Software Theft (FAST) be mutual agreement of the Authorized User and the Contractor, Authorized used directly or indirectly to conduct audits, or be recommended by User(s) shall have thirty (30) days from the date of delivery to accept Contractor; (iv) Contractor and Licensee are each entitled to designate hardware products and sixty (60) days from the date of delivery to a representative who shall be entitled to participate, and who shall accept all other Product. Where the Contractor is responsible for mutually agree on audit format, and simultaneously review all installation, acceptance shall be from completion of installation. information obtained by the audit. Such representatives also shall be Failure to provide notice of acceptance or rejection or a deficiency entitled to copies of all reports, data or information obtained from the statement to the Contractor by the end of the period provided for under audit; and (v) if the audit shows that such party is not in compliance, this clause constitutes acceptance by the Authorized User(s) as of the Licensee shall be required to purchase additional licenses or capacities expiration of that period. The License Term shall be extended by the necessary to bring it into compliance and shall pay for the unlicensed time periods allowed for trial use, testing and acceptance unless the capacity at the NYS Net Price in effect at time of audit, or if none, Commissioner or Authorized User agrees to accept the Product at then at the Contractor’s U.S. Commercial list price. Once such completion of trial use. additional licenses or capacities are purchased, Licensee shall be deemed to have been in compliance retroactively, and Licensee shall Unless otherwise provided by mutual agreement of the Authorized User have no further liability of any kind for the unauthorized use of the and the Contractor, Authorized User shall have the option to run testing software. on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User 81. OWNERSHIP/TITLE TO PROJECT DELIVERABLES must have the tests or representative set of data available upon a. Definitions delivery. This demonstration will take the form of a documented (i) For purposes of this paragraph, “Products.” A deliverable installation test, capable of observation by the Authorized User, and furnished under this Contract by or through Contractor, including shall be made part of the Contractor’s standard documentation. The existing and custom Products, including, but not limited to: a) test data shall remain accessible to the Authorized User after components of the hardware environment, b) printed materials completion of the test. (including but not limited to training manuals, system and user documentation, reports, drawings), whether printed in hard copy or In the event that the documented installation test cannot be completed maintained on diskette, CD, DVD or other electronic media c) third successfully within the specified acceptance period, and the Contractor party software, d) modifications, customizations, custom programs, or Product is responsible for the delay, Authorized User shall have the program listings, programming tools, data, modules, components, and option to cancel the order in whole or in part, or to extend the testing e) any properties embodied therein, whether in tangible or intangible period for an additional thirty (30) day increment. Authorized User form (including but not limited to utilities, interfaces, templates, shall notify Contractor of acceptance upon successful completion of subroutines, algorithms, formulas, source code, object code). the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of (ii) For purposes of this paragraph, “Existing Products.” profits, expenses, or other remuneration of any kind. Tangible Products and intangible licensed Products that exist prior to the commencement of work under the Contract. Contractor bears the If the Authorized User elects to provide a deficiency statement burden of proving that a particular product was in existence prior to specifying how the Product fails to meet the specifications within the the commencement of the Project. testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) (iii) For purposes of this paragraph, “Custom Products.” days to evaluate the Product as provided herein. If the Product does Products, preliminary, final or otherwise, which are created or not meet the specifications at the end of the extended testing period, developed by Contractor, its Subcontractors, partners, employees or Authorized User, upon prior written notice to Contractor, may then agents for Authorized User under the Contract. reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to b. Title to Project Deliverables Contractor acknowledges that it Contractor therefor. Costs and liabilities associated with a failure of is commissioned by the Authorized User to perform the services the Product to perform in accordance with the functionality tests or detailed in the Purchase Order. Unless otherwise specified in writing product specifications during the acceptance period shall be borne in the Bid or Purchase Order, the Authorized User shall have fully by Contractor to the extent that said costs or liabilities shall not ownership and license rights as follows: have been caused by negligent or willful acts or omissions of the (i) Existing Products: Authorized User’s agents or employees. Said costs shall be limited to 1. Hardware - Title and ownership of Existing Hardware the amounts set forth in the Limitation of Liability Clause for any Product shall pass to Authorized User upon Acceptance. liability for costs incurred at the direction or recommendation of 2. Software - Title and ownership to Existing Software Contractor. Product(s) delivered by Contractor under the Contract that is normally commercially distributed on a license basis by the Contractor or other independent software vendor proprietary owner (“Existing Licensed

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GENERAL SPECIFICATIONS APPENDIX B

Product”), whether or not embedded in, delivered or operating in d. Sale or License of Custom Products Involving Tax-Exempt conjunction with hardware or Custom Products, shall remain with Financing (i.e., Certificates of Participation - COPS) The Authorized Contractor or the proprietary owner of other independent software User’s sale or other transfer of Custom Products which were acquired by vendor(s) (ISV). Effective upon acceptance, such Product shall be the Authorized User using third party, tax-exempt financing may not licensed to Authorized User in accordance with the Contractor or ISV occur until such Custom Products are, or become, useable. In the event owner’s standard license agreement, provided, however, that such that the Contractor wishes to obtain ownership rights to Custom standard license, must, at a minimum: (a) grant Authorized User a Product(s), the sale or other transfer shall be at fair market value non-exclusive, perpetual license to use, execute, reproduce, display, determined at the time of such sale or other transfer, and must be pursuant perform, adapt (unless Contractor advises Authorized User as part of to a separate written agreement in a form acceptable to the Authorized Contractor’s proposal that adaptation will violate existing agreements User which complies with the terms of this paragraph. or statutes and Contractor demonstrates such to the Authorized User’s satisfaction) and distribute Existing Licensed Product to the e. Contractor’s Obligation with Regard to ISV (Third Party) Authorized User up to the license capacity stated in the Purchase Product Where Contractor furnishes Existing Licensed Product(s) as a Order or work order with all license rights necessary to fully effect the Project Deliverable, and sufficient rights necessary to effect the purposes general business purpose(s) stated in the Bid or Authorized User’s of this section are not otherwise provided in the Contractor or ISV’s Purchase Order or work order, including the financing assignment standard license agreement, Contractor shall be responsible for obtaining rights set forth in paragraph (c) below; and (b) recognize the State of from the ISV third party proprietary owner/developer the rights set forth New York as the licensee where the Authorized User is a state agency, herein to the benefit of the Authorized User at Contractor’s sole cost and department, board, commission, office or institution. Where these expense. rights are not otherwise covered by the ISV’s owner’s standard license agreement, the Contractor shall be responsible for obtaining these 82. PROOF OF LICENSE The Contractor must provide to each rights at its sole cost and expense. The Authorized User shall Licensee who places a Purchase Order either: (i) the Product reproduce all copyright notices and any other legend of ownership on developer’s certified License Confirmation Certificates in the name of any copies authorized under this paragraph. such Licensee; or (ii) a written confirmation from the Proprietary owner accepting Product invoice as proof of license. Contractor shall (ii.) Custom Products: Effective upon creation of Custom submit a sample certificate, or alternatively such written confirmation Products, Contractor hereby conveys, assigns and transfers to from the proprietary developer. Such certificates must be in a form Authorized User the sole and exclusive rights, title and interest in acceptable to the Licensee. Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all 83. PRODUCT VERSION Purchase Orders shall be deemed to necessary and appropriate steps to ensure that the Custom Products are reference Manufacturer’s most recently released model or version of protected against unauthorized copying, reproduction and marketing the Product at time of order, unless an earlier model or version is by or through Contractor, its agents, employees, or Subcontractors. specifically requested in writing by Authorized User and Contractor is Nothing herein shall preclude the Contractor from otherwise using the willing to provide such version. related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project 84. CHANGES TO PRODUCT OR SERVICE OFFERINGS definition or work order in the course of Contractor’s business. a. Product or Service Discontinuance Where Contractor is the Authorized User may, by providing written notice thereof to the Product Manufacturer/Developer, and Contractor publicly announces Contractor, elect in the alternative to take a non-exclusive perpetual to all U.S. customers (“date of notice”) that a Product is being license to Custom Products in lieu of Authorized User taking exclusive withdrawn from the U.S. market or that maintenance service or ownership and title to such Products. In such case, Licensee on behalf technical support provided by Contractor (“withdrawn support”) is no of all Authorized Users shall be granted a non-exclusive perpetual longer going to be offered, Contractor shall be required to: (i) notify license to use, execute, reproduce, display, perform, adapt and the Commissioner, each Licensee and each Authorized User then distribute Custom Product as necessary to fully effect the general under contract for maintenance or technical support in writing of the business purpose(s) as stated in paragraph (b)(i)(2), above. intended discontinuance; and (ii) continue to offer Product or withdrawn support upon the Contract terms previously offered for the c. Transfers or Assignments to a Third Party Financing Agent It greater of: a) the best terms offered by Contractor to any other is understood and agreed by the parties that a condition precedent to customer, or b) not less than twelve (12) months from the date of the consummation of the purchase (s) under the Contract may be the notice; and (iii) at Authorized User’s option, provided that the obtaining of acceptable third party financing by the Authorized User. Authorized User is under contract for maintenance on the date of The Authorized User shall make the sole determination of the notice, either: provide the Authorized User with a Product replacement acceptability of any financing proposal. The Authorized User will or migration path with at least equivalent functionality at no additional make all reasonable efforts to obtain such financing, but makes no charge to enable Authorized User to continue use and maintenance of representation that such financing has been obtained as of the date of the Product. Bid receipt. Where financing is used, Authorized User may assign or transfer its rights in Licensed Products (existing or custom) to a third In the event that the Contractor is not the Product Manufacturer, party financing entity or trustee (“Trustee”) as collateral where required Contractor shall be required to: (i) provide the notice required under by the terms of the financing agreement. Trustee’s sole rights with the paragraph above, to the entities described within five (5) business respect to transferability or use of Licensed Products shall be to days of Contractor receiving notice from the Product Manufacturer, exclusively sublicense to Authorized User all of its Licensee’s rights and (ii) include in such notice the period of time from the date of under the terms and conditions of the License Agreement; provided, notice that the Product Manufacturer will continue to provide Product further, however, in the event of any termination or expiration of such or withdraw support. sublicense by reason of payment in full, all of Trustee’s rights in such Licensed Product shall terminate immediately and Authorized User’s The provisions of this subdivision (a) shall not apply or eliminate prior rights to such Existing Licensed Product shall be revived. Contractor’s obligations where withdrawn support is being provided by an independent Subcontractor. In the event that such Subcontractor

July 2006 18

GENERAL SPECIFICATIONS APPENDIX B ceases to provide service, Contractor shall be responsible for subcontracting such service, subject to state approval, to an alternate FOR NEGOTIATED CONTRACTS THE FOLLOWING Subcontractor. CLAUSES ARE RESERVED BECAUSE BIDDING DOES NOT APPLY: b. Product or Service Re-Bundling In the event that Contractor is the Product manufacturer and publicly announces to all U.S. customers Clauses: 7, 8, 9, 10, 11, 12, 13, 16, 15, 21, 25, 26, 28, 29, 30, 31, 32, (“date of notice”) that a Product or maintenance or technical support 33, 36, 49, 50, 52, 54 and 37 offering is being re-bundled in a different manner from the structure or licensing model of the prior U.S. commercial offering, Contractor shall be required to: (i) notify the State and each Authorized User in writing of the intended change; (ii) continue to provide Product or withdrawn support upon the same terms and conditions as previously offered on the then-current NYS Contract for the greater of: a) the best terms offered by Contractor to any other customer, or b) not less than twelve (12) months from the date of notice; and (iii) shall submit the proposed rebundling change to the Commissioner for approval prior to its becoming effective for the remainder of the Contract term. The provisions of this section do not apply if the Contractor is not the Product manufacturer.

85. NO HARDSTOP/PASSIVE LICENSE MONITORING Unless an Authorized User is otherwise specifically advised to the contrary in writing at the time of order and prior to purchase, Contractor hereby warrants and represents that the Product and all Upgrades do not and will not contain any computer code that would disable the Product or Upgrades or impair in any way its operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes referred to as “time bombs,” “time locks,” or “drop dead” devices) or that would permit Contractor to access the Product to cause such disablement or impairment (sometimes referred to as a “trap door” device). Contractor agrees that in the event of a breach or alleged breach of this provision that Authorized User shall not have an adequate remedy at law, including monetary damages, and that Authorized User shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Authorized User shall be entitled.

86. SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph.

The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

July 2006 19

GENERAL SPECIFICATIONS APPENDIX B

I N D E X

Paragraph Paragraph A No. M No. Additional Warranties 72 Modification of Contract Terms 40 Advertising Results 20 Applicability 1 N Assignment 56 No Hardstop/Passive License Monitoring 85 Assignment of Claim 66 Audit of Licensed Product Usage 80 O Authentication of Facsimile Bids 10 On-Site Storage 54 Ownership/Title to Project Deliverables 81 B Bid Contents 12 P Bid Evaluation 29 Participation in Centralized Contracts 39 Bid Opening 7 Performance and Responsibility Qualifications 34 Bid Submission 8 Performance/Bid Bond 58 Prevailing Wage Rates Public Works C & Building Services Contracts 17 Changes to Product or Service Offerings 84 Pricing 24 Clarification/Revisions 31 Procurement Card 27 Confidential/Trade Secret Materials 14 Product Acceptance 79 Conflict of Terms 4 Product Delivery 45 Conditional Bid 30 Product References 21 Contract Billings 62 Product Substitution 50 Contract Creation/Execution 38 Product Version 83 Contract Term - Renewal 71 Products Manufactured in Public Institutions 23 Cooperation with Third Parties 70 Prompt Payment Discounts 32 Proof of License 82 D Purchase Orders 44 Default - Authorized User 63 Definitions 5 Q Disqualification for Past Performance 35 Quantity Changes Prior to Award 36 Drawings 25 R E Rejected Product 51 Emergency Contracts 43 Release of Bid Evaluation Materials 15 Employees/Subcontractors/Agents 55 Re-Weighing Product 49 Equivalent or Identical Bids 33 Remanufactured, Recycled, Recyclable or Estimated/Specific Quantity Contracts 42 Recovered Materials 22 Ethics Compliance 3 Remedies for Breach 65 Expenses Prior to Contract Execution 19 Repaired or Replaced Product/Components 53 Extraneous Terms 13 S F Samples 28 Facsimile Submissions 9 Savings/Force Majeure 61 Freedom of Information Law 16 Scope Changes 41 Security 69 G Site Inspection 26 Governing Law 2 Shipping/Receipt of Product 47 Software License Grant 78 I Source Code Escrow for Licensed Product 86 Indemnification 74 Subcontractors and Suppliers 57 Indemnification Relating to Third Party Rights 75 Suspension of Work 59 Independent Contractor 68 Installation 52 T Insurance 77 Taxes 18 Interest on Late Payments 64 Termination 60 International Bidding 6 Timeframe for Offers 37

L Title and Risk of Loss 48 Late Bids 11 Toxic Substances 67 Legal Compliance 73 Limitation of Liability 76 W Weekend and Holiday Deliveries 46

July 2006 20

JOHN C. EGAN DAVID A. PATERSON STATE OF NEW YORK COMMISSIONER GOVERNOR EXECUTIVE DEPARTMENT

May 17, 2010 INTENT TO BID FORM

OGS Procurement Services Group 38th Floor Corning Tower ATT: Colleen Messier Empire State Plaza Albany, NY 12242 FAX: 518-474-1160

------

Name of Business Signature of Officer

Address PRINT Signature

City, State, Zip Title

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

Appendix 1 {Revised: March 2009}

New York State Standard Vendor Responsibility Questionnaire (Use the Uniform Contracting Questionnaire CCA-1, for all construction contracts)

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

1. LEGAL BUSINESS NAME:

2. FEDERAL EMPLOYER ID NO. (FEIN):

3. D/B/A — Doing Business As (if applicable): COUNTY FILED:

4. WEBSITE ADDRESS (if applicable):

5. PRINCIPAL PLACE OF BUSINESS ADDRESS:

6. TELEPHONE NUMBER: ______7. FAX NUMBER:

8. AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE: Name: Title: Telephone Number: Fax Number: E-mail:

10. IF NOT INCORPORATED OR FORMED IN NEW YORK STATE, PLEASE PROVIDE A CURRENT CERTIFICATE OF GOOD STANDING FROM YOUR STATE OR APPLICABLE LOCAL JURISDICTION.

12. AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT: Name: Title: Telephone Number: Fax Number: E-mail:

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

FOR EACH YES ANSWER TO QUESTIONS 14 a-s, PROVIDE DETAILS ON ADDITIONAL SHEETS REGARDING THE FINDING, INCLUDING BUT NOT LIMITED TO CAUSE, CURRENT STATUS, RESOLUTION, ETC.

(b) FILE RETURNS OR PAY NEW YORK STATE UNEMPLOYMENT INSURANCE? Yes No If yes, indicate the years the company failed to file/pay the insurance and the current status of the liability:

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

17. DOES VENDOR HAVE THE FINANCIAL RESOURCES NECESSARY TO FULFILL THE REQUIREMENTS OF THE PROPOSED CONTRACT? Yes No

IntentToBid.21998/corr/ng.doc/T03md GROUP 05900 – NATURAL GAS (Firm Supply – Fixed and Indexed Price) ______(Interruptible Supply – Indexed Price)______

New York State Standard Vendor Responsibility Questionnaire

VENDOR FEIN:

State of ) ) ss: County of )

CERTIFICATION:

Name of Business Signature of Officer

Address Typed Copy of Signature

City, State, Zip Title

Sworn to before me this day of ______20 .

Notary Public: Registration No: State:

IntentToBid.21998/corr/ng.doc/T03md