4BW-13-A-0026_ONG_Solicitation.doc

Sol. 4BW-13-A-0026

ORDER/SOLICITATION/OFFER/AWARD

OFFEROR TO COMPLETE BLOCKS 13,14,16,18,23,24 and 29 1.Requisition No.N/A

4. order no solicitation.4BW-13-A-0026

7. FOR SOLICITATION INFORMATION CALL: Gina M Feyre

b. TELEPHONE NO.

860-285-7035

c. facsimile no.

860-285-1202

8. OFFER DUE DATE/TIME:

3/22/2013 4:00 EST

9. ISSUED BY:

utilities Category Mgmt. Team 6 Griffin Road North Windsor CT 06006-7003

10. ACO CODE

4-bUTIL

11. SOlicitation method

FORMCHECKBOX

rfq

FORMCHECKBOX

RFP

FORMCHECKBOX

oral

12. Delivery for fob destination unless block is checked

FORMCHECKBOX

see schedule

13. Discount Terms

14a.SUPPLIER Telephone no: Contact:

15a. Billing instructions

SAME as Delivery/Perform Address

14b. FORMCHECKBOX Check box if remittance is different and put such address in offer 15b. submit invoices to address shown in block 15a unless block is checked FORMCHECKBOX see addendum

16. TYPE OF BUSINESS ORGANIZATION (Check all that apply)

a. FORMCHECKBOX MINORITY BUSINESS b. FORMCHECKBOX

WOMAN OWNED

1. FORMCHECKBOX

BLACK AMERICAN c. FORMCHECKBOX

SMALL BUSINESS

2. FORMCHECKBOX

HISPANIC AMERICAN d. FORMCHECKBOX

EDUCATIONAL OR OTHER NON-PROFIT

3. FORMCHECKBOX

NATIVE AMERICAN e. FORMCHECKBOX

NONE OF THE ABOVE ENTITIES

4. FORMCHECKBOX

ASIAN AMERICAN

17a. delivery address: Postal Service Accounts in the oklahoma natural gas service area 17b. pHONE NO: multiple 17c. Contract term: April 1, 2013 Meter Read thru March 31, 2015 meter read date

18. TAXPAYER IDENTIFICATION #

This is a contract for the direct supply and transportation of pipeline quality natural gas for delivery to Postal Service accounts located in the Oklahoma Natural Gas Area. (Reference attachment A for account list) Natural gas transportation will be delivered via firm transportation FOB City Gate (s) in accordance with the Notice of Intent to Award, commercial specifications and terms and conditions. The term of this contract is for a period of 24 months effective as of the April 2013 meter read and terminating as of the March 2015 meter read date. Unit pricing for basis transportation will be fixed and entered in block 23; unit price of this contract.

Total Award Amount

26a. FORMCHECKBOX SOLICITATION INCORPORATES BY REFERENCE PM PROVISION 4-1 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS, AND PM CLAUSE 4-2 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. PM PROVISION 4-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS, AND PM CLAUSE 4-3 FORMCHECKBOX CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS, FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED. 26b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE PM CLAUSE 4-2 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. PM CLAUSE 4-3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS, FORMCHECKBOX

IS FORMCHECKBOX

IS NOT ATTACHED

27. FORMCHECKBOX

THE SUPPLIER IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO THE ISSUING OFFICE. THE SUPPLIER AGREES, SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN, TO PROVIDE AND DELIVER

ALL ITEMS IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

28. FORMCHECKBOX

AWARD OF CONTRACT: REFERENCE X OFFER DATED YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES THAT ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEM 1 IN THE ABOVE SCHEDULE

ITEMS FORMDROPDOWN

29b. PRINTED NAME AND TITLE OF SUPPLIER

Deborah Wilcox-Loos 30c.DATE SIGNED

PS Form 8203 Offer/Acceptance/Award March 2007

TABLE OF CONTENTS

PART #

TITLE

PAGES

Part 1

General

Part 2

Provisions

3-9 Part 3

Clauses

9-19 Part 4

Commercial Specifications

20-27 Attachments Attachment A-Account List-Oklahoma Natural Gas

Attachment B-Performance Bond 29-30 Attachment C-Qualification Questioner for Phase IV Natural Gas 31-33 Attachment D-Consumption Data File-see Excel File Part 1 General 1.1 Requirements Overview:

1.1.1 Aggregated Natural Gas Contract:

The scope of this contract includes providing natural gas transportation services and related gas management services to approximately 13 Postal Service accounts supplied by Oklahoma Natural Gas.

The objective of this contract is to aggregate Natural Gas requirements for Postal Service facilities and to leverage these requirements to obtain the most competitive price for firm transportation to the City Gate of the designated Local Distribution Company (LDC); Oklahoma Natural Gas.

Energy Service Providers will provide Natural Gas transportation and related gas management services to all USPS accounts in the specified Local Distribution Company Service Area. Offerers may not limit their offer to a particular account or group of accounts within a given LDC.

Part 2 Provisions PROVISION 4-1 STANDARD SOLICITATION PROVISIONS (November 2007)

a. Submission of Offers: Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified on this solicitation. Offers may be submitted on PS Form 8203, Order/Solicitation/Offer/Award, letterhead stationary, or as otherwise specified in the solicitation. As a minimum offers must show:

(1) Solicitation number;

(2) The name, address and telephone number of the offeror;

(3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Terms of any expressed warranty;

(5) Price and any discount terms;

(6) "Remit to" address, if different than mailing address;

(7) A completed copy of the representations and certifications;

(8) Acknowledgment of Solicitation Amendments;

(9) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items, and other references (including contract numbers, point of contact, with telephone numbers, and other relevant information); and

(10) If the offer is not submitted on PS Form 8203, include a statement specifying the extent of agreement with all terms and conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

b. Business Disagreements: Business disagreements may be lodged with the Supplier Ombudsman if the supplier and the contracting officer have failed to resolve the disagreement as described in 39 CFR Section 601 (available for review at www.gpoaccess.gov/ecfr). The Supplier Ombudsman will consider the disagreement only if it is lodged in accordance with the time limits and procedures described in 39 CFR Section 601. The Supplier Ombudsman's decisions are available for review at usps.com.

c. Product Samples: When required by the solicitation, product samples must be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples must be submitted at no expenses to the Postal Service and returned at the sender's request and expense, unless they are destroyed during preaward testing.

d. Late Offers: Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers will not be considered unless determined to be in the best interests of the Postal Service.

e. Contract Award: The Postal Service may evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. Discussions may be conducted if the Postal Service determines they are necessary. The Postal Service may reject any or all offers if such action is in the best interest of the Postal Service; accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

f. Supplier Acknowledgement and Acceptance:

By submitting this offer (price proposal) the supplier acknowledges and accepts the contract terms and conditions and commercial specifications and agrees to supply natural gas commodity, natural gas basis transportation services and related natural gas management services at the contract fixed price for the contract term specified. The supplier also confirms their agreement to execute the Postal Service contract on Postal Service paper without further modifications/exceptions to the contract terms, conditions and commercial specifications.

g. Multiple Awards: The Postal Service may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Postal Service reserves the right to make an award on any items for quantity less than the quantities offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

h. Incorporation by Reference: Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it in the Postal Service's Interim Internal Purchasing Guidelines, and its date. The text of incorporated terms may be found in Appendix A (for provisions), or Appendix B (for clauses) of the Interim Internal Purchasing Guidelines, accessible online at www.usps.com/business. If checked, the following provision is incorporated in this solicitation by reference:

PROVISION 3.1 Subcontracting with Small Minority & Woman Owned Businesses

3.1.3. a. General. So that the Postal Service may fully realize the benefit of a supplier base that reflects the diversity of the American supplier community, suppliers are encouraged to use small, minority, and woman-owned businesses as subcontractors to the maximum extent consistent with effective contract performance.

3.1.3. b. Reports. Each supplier awarded a contract valued at $500,000 or more must submit calendar-quarter reports (purchase teams may require more frequent submittals) on its subcontracting activity for that contract. Three types of reporting methods may be used: (1) reports showing direct subcontract awards awarded under the Postal Service contract; (2) reports showing subcontracting activity that is allocable to the Postal Service contract using generally accepted accounting practices; or (3) reports that are a combination of the two. During discussions the purchase team and the supplier must negotiate and agree to which type of report will be used.

PROVISION 4-3 REPRESENTATIONS AND CERTIFICATIONS (November 2012)

A. Type of Business Organization: The offeror, by checking the applicable blocks, represents that it:

(1) Operates as:

__ a corporation incorporated under the laws of the state of_______________; or country of ____________________, if incorporated in a country other than the United States of America.

__ an individual;

__ a partnership;

__ a joint venture;

__ a limited liability company;

__ a nonprofit organization; or

__ an educational institution; and

(2) Is (check all that apply)

__ a small business concern;

__ a minority business (indicate minority below):

__ Black American

__ Hispanic American

__ Native American

__ Asian American:

__ a woman-owned business; or

__ none of the above entities.

(a) Small Business Concern: A small business concern for the purposes of Postal Service purchasing means a business, including an affiliate, that is independently owned and operated, is not dominant in producing or performing the supplies or services being purchased, and has no more than 500 employees, unless a different size standard has been established by the Small Business Administration (see 13 CFR 121, particularly for different size standards for airline, railroad, and construction companies). For subcontracts of $50,000 or less, a subcontractor having no more than 500 employees qualifies as a small business without regard to other factors.

(b) Minority Business: A minority business is a concern that is at least 51 percent owned by, and whose management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged minority group, namely U.S. citizens who are Black Americans, Hispanic Americans, Native Americans, or Asian Americans. (Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens whose origins are Japanese, Chinese, Filipino, Vietnamese, Korean, Samoan, Laotian, Kampuchean (Cambodian), Taiwanese, in the U.S. Trust Territories of the Pacific Islands or in the Indian subcontinent.

(c) Woman-owned Business: A woman-owned business is a concern at least 51 percent of which is owned by a woman (or women) who is a U.S. citizen, controls the firm by exercising the power to make policy decisions, and operates the business by being actively involved in day-to-day management.

(d) Educational or Other Nonprofit Organization. Any corporation, foundation, trust, or other institution operated for scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private shareholder or individual.

(3) Is (check all that apply)

__ a Postal Service employee or a business organization substantially owned or controlled by such an individual

__ a spouse of a Postal Service employee or a business organization substantially owned or controlled by such an individual

__ another family member of a Postal Service employee or a business organization substantially owned or controlled by such an individual

__ an individual residing in the same household as a Postal Service employee or a business organization substantially owned or controlled by such an individual.

(Note: Offers from any of the sources listed in subparagraph A.3, may not be considered for an award pending review and recommendation by the Postal Service Ethics Office.)

B. Parent Company and Taxpayer Identification Number

(1) A parent company is one that owns or controls the basic business polices of an offeror. To own means to own more than 50 percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant minority voting rights, proxy voting, contractual arrangements, or otherwise.

(2) Enter the offeror's U.S. Taxpayer Identification Number (TIN) in the space provided. The TIN is the offeror's Social Security number or other Employee Identification Number (EIN) used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941, or as required by Internal Revenue Service (IRS) regulations.

Offeror's TIN: _________________

(3) IRS Form W-9, Request for Taxpayer Identification Number and Certification. You must complete a copy of IRS Form W-9 and attach it to this certification.

(4) Check this block if the offeror is owned or controlled by a parent company: _____

(5) If the block above is checked, provide the following information about the parent company:

Parent Company's Name:_______________________________

Parent Company's Main Office:___________________________

Address:_____________________________________________

No. and Street:________________________________________

City:________________ State:______ ZIP Code:_____________

Parent Company's TIN:__________________________________

(6) If the offeror is a member of an affiliated group that files its federal income tax return on a consolidated basis (whether or not the offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the affiliated group:

Name of Common Parent: ______________________________

Common Parent's TIN: _________________________________

c. Certificate of Independent Price Determination:

(1) By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own organization, that in connection with this solicitation:

(a) The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;

(b) Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the offeror before award of a contract, directly or indirectly to any other offeror or to any competitor; and

(c) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

(2) Each person signing this proposal certifies that:

(a) He or she is the person in the offeror's organization responsible for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to paragraph a above; or

(b) He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to paragraph a above.

(3) Modification or deletion of any provision in this certificate may result in the disregarding of the proposal as unacceptable. Any modification or deletion should be accompanied by a signed statement explaining the reasons and describing in detail any disclosure or communication.

d. Certification of Nonsegregated Facilities:

(1) By submitting this proposal, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract.

(2) As used in this certification, segregated facilities means any waiting rooms, work areas, rest rooms or wash rooms, restaurants or other eating areas, time clocks, locker rooms or other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, or housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

(3) The offeror further agrees that (unless it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors before awarding subcontracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause; that it will retain these certifications in its files; and that it will forward the following notice to these proposed subcontractors (except when they have submitted identical certifications for specific time periods):

Notice: A certification of non-segregated facilities must be submitted before the award of a subcontract exceeding $10,000 that is not exempt from the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (quarterly, semiannually, or annually).

e. Certification Regarding Debarment, Proposed Debarment, and Other Matters:

(This certification must be completed with respect to any offer with a value of $100,000 or more.)

(1) The offeror certifies, to the best of its knowledge and belief, that it or any of its principals:

(a) Are ___ are not ___ presently debarred or proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency;

(b) Have ____ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(c) Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (b) above;

(d) Have ___ have not ___ within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in conjunction with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and

(e) Are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph (d) above.

(2) The offeror has ___ has not ___, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, state, or local agency.

(3) "Principals," for the purposes of this certification, means officers, directors, owners, partners, and other persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

(4) The offeror must provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(5) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered as part of the evaluation of the offeror's capability (see 2.1.9.c.3 of the Interim Internal Purchasing Guidelines). The offeror's failure to furnish a certification or provide additional information requested by the contracting officer will affect the capability evaluation.

(6) Nothing contained in the foregoing may be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(7) This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, Title 18, United States Code.

(8) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Postal Service, the Contracting Officer may terminate the contract resulting from this solicitation for default.

f. Incorporation by Reference: Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, its provision or clause number assigned to it in the Postal Service's Interim Internal Purchasing Guidelines, and its date. The text of incorporated terms may be found in Appendix A (for provisions), or Appendix B (for clauses) of the Guidelines, accessible online at www.usps.com/business. If checked, the following provision(s) is incorporated in this solicitation by reference:

(Contracting officer will check as appropriate)

[_] (1) Provision 1-2, Domestic Source Certificate - Supplies

(May 2005)

[_] (2) Provision 1-3, Domestic Source Certificate - Construction Materials (May 2005)

[_] (3) Provision 9-1, Equal Opportunity Affirmative Action Program

(May 2005)

[_] (4) Provision 9-2, Preaward Equal Opportunity Compliance Review (May 2005)

[_] (5) Provision 9-3, Notice of Requirements for Equal Opportunity Affirmative Action (May 2005)

PROVISION 4-2 Evaluation: (March 2006)

The following Supplier Specific and Proposal Specific factors were scored during the pre-qualification process using the weights specified below. They will be considered for evaluating proposals in response to the solicitation.

2.4.3 Supplier Specific Factors:

(a) Past Performance:

1. Natural Gas Contracting Experience

100 Points

2. Experience of Key Personnel

3. Billing Quality & Reliability

300 Points

4. Business Resources

200 Points

(b) Supplier Capability:

1. Business Resources (Resumes of Key Personnel)

200 Points

2. Financial Capability (Pass/Fail)

3. Contract Management

2.4.4 Proposal Specific Factors:

1. Natural Gas Purchase & Management

300 Points

2. Reporting Capability

3. Transition Plan

The following proposal specific factors and supplier specific factors must be addressed by suppliers in a separately packaged qualifications statement which will be used to evaluate supplier past performance and supplier capability. Suppliers are directed to submit their response in a separate package from their price proposal as directed in the attached Qualifications Questionnaire. (Refer to Attachment C for Form)

(1) Natural Gas Purchase Management (Proposal Specific)

(2) Billing Quality & Reliability (Past Performance)

(3) References (Supplier Capability)

(4) Transition Plan (Proposal Specific)

The above supplier and proposal specific factors are considered to be relatively close in importance in evaluating supplier capability and are listed in descending order of importance:

a.) Award will be made to the offeror whose proposal contains the combination of those criteria offering the best overall value to the Postal Service. This will be determined by comparing differences in the value of technical and management features with differences in cost to the Postal Service. In making this comparison the Postal Service is more concerned with making an award at the lowest overall cost to the Postal Service than with obtaining superior technical management features in order to achieve a small savings in cost to the Postal Service.

b.) Options. The Postal Service will not evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

c.) Proposal pricing will be evaluated based on the cost of basis transportation to the delivery point of the LDC. Total basis transportation cost is defined to include all costs associated with natural gas distribution, pipeline and FERC tariffs, reservation, capacity, shrinkage, demand, balancing, nominations, supplier margin and all other gas management services as defined in the commercial specifications under footnote 2 on page 26.

d.) Notice of Award. The Postal Service may accept an offer (or part of an offer), whether or not there are discussions after its receipt, before an offer's specified expiration time, unless a written notice of withdrawal is received before award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offer within the time for acceptance specified in the offer, will result in a binding contract without further action by either party.

Provision 7-1: Performance Bond Requirements (March 2006)

a. Any offeror selected for award of a contract as a result of this solicitation will be required to submit a performance bond or other form of financial surety in a penal amount equal to the minimum of 3 months of total estimated gas cost (including transmission/delivery) of total aggregated load per LDC awarded. This surety will be provided within the timeframe specified by the contracting officer.

b. The bond must be executed on the Postal Service forms attached to this solicitation, and sureties must be acceptable to the Postal Service. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list.

c. Contract award will not be made until an executed performance bond is received by the contracting officer.

d. The following forms of financial sureties will be acceptable to Postal Service pursuant to item 1.26 Financial Capability page 32 of Attachment 1, Commercial Specifications:

(a) Performance Bond in an amount as specified below as specified under Provision 7-1.

(b) Cash or cash equivalent including cashiers check or sight draft in an amount as specified below.

(c) Certificate of deposit with a bank or other financial institution for this amount.

(d) Letter of Credit, (LOC) on a form acceptable to the Postal Service and running to the Postal Service as the sole beneficiary. The Letter of credit must be in the amount below specified, irrevocable for the minimum period of 12 months and issued by a bank doing business in each state were gas will be provided, insured by the Federal Depository Insurance Corporation (FDIC) and a member of the Federal Reserve System.

(e) Obtain a Guarantor issued by a shareholder or principal of the ESP, a subsidiary or affiliate of the ESP or a corporation holding controlling interest in the applicant, irrevocable for the minimum period of 12 months.

Providing the surety in the amounts specified under Provision 7-1 Performance will satisfy this requirement with no further collateral required from the awarded supplier.

Provision 1-4: Prohibition Against Contracting with Former Postal Service Officers or PCES Executives (March 2006)

The offeror represents that former Postal Service officers or Postal Career Executive Service (PCES) executives will not be employed as key personnel, experts or consultants in the performance of the contract if such individuals, within 1 year of their retirement from the Postal Service, will be performing substantially the same duties as they performed during their career with the Postal Service. In addition, no contract resulting from this solicitation may be awarded to such individuals or entities in which they have a substantial interest, for 1 year after their retirement from the Postal Service, if the work called for in the solicitation requires such individuals to perform substantially the same duties as they performed during their career with the Postal Service.

Provision 1-5: Proposed Use of Former Postal Service Employees (March 2006)

In its proposal, the supplier must identify any former Postal Service employee it proposes to engage, directly or indirectly, in the performance of the contract. The Postal Service reserves the right to require the supplier to replace the proposed individual with an equally qualified individual.

Provision 9-1: Equal Opportunity Affirmative Action Program (March 2006)

The offeror, by checking the applicable block or blocks, represents that it

1. FORMCHECKBOX

has developed and has on file, __ has not developed and does not have on file, at each establishment, affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) and __ has, __ has not filed the required reports with the Joint Reporting Committee, or

2. FORMCHECKBOX

has not previously had contracts subject to the written affirmative action program requirement of the rules and regulations of the Secretary of Labor.

Part 3 Clauses 3.1

CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated by reference as if set forth in full text. The text of these clauses may be accessed electronically at this address: http://www.usps.com/cpim/manuals/pm/pm.htm, or, upon request, will be provided by the contracting officer.

(1) B-9, Claims and Disputes (January 1997)

(2) B-15 Notice of Delay (January 1997)

(3) B-16 Suspensions and Delays (January 1997)

3.2 CLAUSE B-3 CONTRACT TYPE (March 2006)

This is a firm fixed price contract.

3.3 CLAUSE 4-1 GENERAL TERMS AND CONDITIONS (July 2007)

a. Inspection and Acceptance: The supplier will only tender for acceptance those items that conform to the requirements of this contract. The Postal Service reserves the right to inspect or test supplies or services that have been tendered for acceptance. The Postal Service may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Postal Service must exercise its post acceptance rights (1) within a reasonable period of time after the defect was discovered or should have been discovered and (2) before any substantial change occurs in the condition of the items, unless the change is due to the defect in the item.

b. Assignment: If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with:

(1) The contracting officer;

(2) The surety or sureties upon any bond; and

(3) The office, if any, designated to make payment, and the contracting officer has acknowledged the assignment in writing.

(4) Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service.

c. Changes:

1. The contracting officer may, in writing, without notice to any sureties, order changes within the general scope of this contract in the following:

a. Drawings, designs, or specifications when supplies to be furnished are to be specially manufactured for the Postal Service in accordance with them;

b. Statement of work or description of services;

c. Method of shipment or packing;

d. Places of delivery of supplies or performance of services;

e. Delivery or performance schedule;

f. Postal Service furnished property or facilities.

2. Any other written or oral order (including direction, instruction, interpretation, or determination) from the contracting officer that causes a change will be treated as a change order under this paragraph, provided that the supplier gives the contracting officer written notice stating (a) the date, circumstances, and source of the order and (b) that the supplier regards the order as a change order.

3. If any such change affects the cost of performance or the delivery schedule, the contract will be modified to effect an equitable adjustment.

4. The supplier’s claim for equitable adjustment must be asserted within 30 days of receiving a written change order. A later claim may be acted upon — but not after final payment under this contract — if the contracting officer decides that the facts justify such action.

5. Failure to agree to any adjustment is a dispute under Clause B-9, Claims and Disputes, which is incorporated into this contract by reference (see paragraph s). Nothing in that clause excuses the supplier from proceeding with the contract as changed.

d. Reserved

e. Reserved

f. Reserved

g. Invoices:

1. The supplier’s invoices must be submitted before payment can be made. The supplier agrees that submission of an invoice to the Postal Service for payment is a certification that:

a. Any services being billed for have been performed in accordance with the contract requirements; and

b. Any supplies for which the Postal Service is being billed have been shipped pr delivered in accordance with the instructions issued by the contracting officer and that the supplies are in the quantity and of the quality designated in the contract.

2. To ensure prompt payment, an original invoice (or electronic invoice, if authorized) must be submitted to the address designated in the contract to receive invoices for each destination and shipment. An invoice must contain:

a. The supplier’s name, remit to address (including ZIP+4_) and phone number;

b. Unique invoice number and invoice date;

c. Any applicable task or delivery order number;

d. A description of the supplies or services and the dates delivered or performed;

e. The point of shipment or delivery;

f. Quantity, unit of measure, unit price(s) and extension(s) of the items delivered;

g. Shipping and payment terms, including GBL number if applicable; and

h. Any additional information required by the contract.

i. Facility ID & Finance Number (USPS provided)

h. Patent Indemnity: The supplier will indemnify the Postal Service and its officers, employees and agents against liability, including costs for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the supplier is reasonably notified of such claims and proceedings.

i. Risk of Loss: Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract will remain with the supplier until, and will pass to the Postal Service upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin, or;

(2) Delivery of the supplies to the Postal Service at the destination specified in the contract, if transportation is f.o.b. destination.

j. Title: Unless specified elsewhere in this contract, title to items furnished under this contract will pass to the Postal Service upon acceptance, regardless of when or were the Postal Service takes physical possession.

k. Warranty: The supplier warrants and implies that the items delivered under this contract are merchantable and fit for the use for the particular purpose described in this contract.

l. Limitation of Liability: Except as otherwise provided by an express or implied warranty, the supplier will not be liable to the Postal Service for consequential damages resulting from any defect or deficiencies in accepted items.

The Supplier will not be liable to the USPS for any consequential, special, incidental, punitive, exemplary or indirect damages, or other business interruption damages, except to the extent caused by a Contractor’s gross negligence or willful misconduct.

m. Other Compliance Requirements: The supplier will comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this contract.

n. Order of Precedence: Any inconsistencies in this solicitation or contract will be resolved by giving precedence in the following order; (1) the schedule of supplies and services; (2) the Assignment, Disputes, Payments, Invoice, Other Compliances and Compliance with Laws Unique to the Postal Service Contracts paragraphs of this clause; (3) the clause at 4-2 Contract Terms and Conditions Required to Implement Policies, Statutes or Executive Orders; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) Form 8203; (8) other documents, exhibits, and attachments, and (9) the specifications.

o. Incorporation by Reference: Wherever in this solicitation or contract a standard provision or clause is incorporated by reference, the incorporated term is identified by its title, the provision or clause number assigned to it in the Postal Service Interim Internal Purchasing Guidelines, and its date. The text of incorporated terms may be found in Appendix A (for provisions), or Appendix B (for clauses) of the Guidelines, accessible at www.usps.com/business. The following clauses are incorporated in this contract by reference:

(1) B-1, Definitions (March 2006)

(2) B-15, Notice of Delay (March 2006)

(3) B-16, Suspensions and Delays (March 2006)

(3) B-19, Excusable Delays (March 2006)

(5) B-30, Permits and Responsibilities (March 2006)

p. Period of Performance:

The contract period is for two (2) years commencing on the April 2013 meter read date and terminating as of the March 2015 meter read date.

q. Failure to Deliver: Not withstanding any other provisions of this clause, no increase in winter supply shall apply to gas scheduled under the contract to be delivered before the effective date of the adjustment, unless the Supplier’s failure to deliver according to the delivery schedule results from causes beyond the Supplier’s control and without its fault or negligence, within the meaning of paragraph (f), Excusable Delays, and (m), Termination for Default, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, in which case the contract shall be modified to make an equitable extension of the delivery schedule.

r. Payment: Payment will be made for items accepted by the Postal Service that have been delivered to the delivery destinations set forth in this contract. The Postal Service will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR 1315. Payments under this contract may be made by the Postal Service either by electronic funds transfer (EFT), check, or government credit card at the option of the Postal Service. When the EFT payment method is selected, the Postal Service will provide the supplier with Form 3881, Supplier’s Electronic Funds Transfer Enrollment Form, at contract award. The supplier must complete the form and submit it to the designated Postal Accounting Service Center to ensure the proper routing of payments. Payment Terms are NET 30 days from receipt of invoice.

In conjunction with any discount offered for early payment, time will be computed from the date of the invoice. For purposes of computing the discount earned, payment will be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made.

s. Termination for the Postal Service’s Convenience. The Postal Service reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the supplier must immediately stop all work and must immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the supplier will be paid a percentage of the work performed prior to the notice of termination, plus reasonable charges the supplier can demonstrate to the satisfaction of the Postal Service using its standard record keeping system, have resulted from the termination. The supplier will not be paid for any work performed or costs incurred which reasonably could have been avoided.

t. Termination for Default. The Postal Service may terminate this contract, or any part hereof, for default by the supplier, or if the supplier fails to provide the Postal Service, upon request, with adequate assurances of future performance. In the event of termination for default, the Postal Service will not be liable to the supplier for any amount for supplies or services not accepted, and the supplier will be liable to the Postal Service for any and all rights and remedies provided by law. The debarment, suspension, or ineligibility of the supplier, its partners, officers, or principal owners under the Postal Service’s procedures (see 39 CFR Part 601) may constitute an act of default under this contract, and such act will not be subject to notice and cure pursuant to any termination of default provision of this contract. If it is determined that the Postal Service improperly terminated this contract for default, such termination will be deemed a termination for convenience.

3.4

ADDENDUM TO CLAUSE 4-1

3.4.1 Clause 2-20 Option to Renew (with Preliminary Notice) (March 2006) This contract is renewable, at the option of the Postal Service, by the contracting officer giving written notice of renewal to the supplier within the period specified in the Schedule; provided that, the contracting officer will have given preliminary notice of the Postal Service's intent to renew at least 60 days before this contract is to expire (such a preliminary notice will not be deemed to commit the Postal Service to renewals). If the Postal Service exercises this option for renewal, the contract as renewed includes this option clause. The duration of this contract, including renewals, may not exceed the time limit set forth in the Schedule. (Reference paragraph p. Period of Performance for schedule)

3.4.2 Clause 2-43 Requirements Contract (March 2006) This is a requirements contract for natural gas as described in the Schedule for the period specified. The natural gas is not purchased until delivered by the Supplier to the City Gate. If the Postal Service's requirements for natural gas do not result in purchases for the quantities estimated, that fact may not be the basis for an equitable price adjustment unless specifically provided elsewhere in this contract.

If the Postal Service urgently requires delivery or performance before the earliest date specified under this contract, and if the supplier will not provide for accelerated delivery or performance, the Postal Service may purchase the urgently required supplies or services from another source.

Performance or delivery required during the effective period of this contract and not completed within that period will be completed as quickly as possible, and the rights and obligations of the Supplier and the Postal Service with respect to performance or delivery will be the same as if the performance or delivery were completed during the effective period of the contract.

3.4.3 Clause 6-1 Contracting Officers Representative (March 2006) The Contracting Officer shall appoint one (1) Contracting Officers Representative (COR) to administer this contract. The COR will be responsible for the day-to-day administration of the contract and will serve as the Postal Service’s point of contact with the supplier on all routine matters. A copy of the notice of appointment defining the COR’s authority will be furnished to the supplier following award of the contract upon request.

3.4.4 Clause 2-29 Economic Price Adjustment (Natural Gas) (March 2006) a.

Economic Price Adjustment (Natural Gas) b.

Warranties. The Supplier warrants that:

(i) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and.

(ii) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

c.

Definitions. As used in this clause, the term:

(i) Supply Index Price (SIP) means the market price, expressed in dollars per unit (see Schedule and Attachment 2, Definitions). It measures the general rate and direction of price movement for this commodity within a market. However, it does not indicate a mandatory source of supply or area where offerors must obtain gas supplies. In this case the Supply Index Price shall refer to the NYMEX Monthly Settlement Price.

(ii) Adjustment Factor means the mechanism whereby an offeror can offer fixed amounts (i.e., Supply Adjustment Factor) expressed in dollars per unit; to reflect the offeror’s expected cost variances, if any. In this case the adjustment factor shall refer to the fixed price for transportation which shall be the basis for award.

Regardless of actual changes in the cost of labor and material during the performance period of this contract, price adjustments necessitated by such changes shall be made only as provided in this clause. The Contracting Officer shall place in the Contract Schedule the elements that will be used to determine the adjusted contract price. These elements may identify some or all of the following as appropriate:

(1) Contract line items, cycles, production runs or such other portion of the contract that will be subject to adjustment according to this clause;

(2) Base unit price to be adjusted; ( Natural Gas cost)

(3) Index that will be used for the adjustment, paying particular attention to describe the index to avoid confusion over which release (i.e., preliminary, seasonally adjusted, subsequently revised, or final), issue, or date will be applicable;

(4) Portion of the price governed by the chosen index;

(5) Adjustment period;

(6) Base period; and

(7) Degree of specificity of the result (i.e., number of decimal places to be used).

(8) Should the selected index be discontinued or substantially altered, both parties shall agree upon an appropriate replacement.

3.4.5 Clause B-39 Indemnification (March 2006)

The supplier must save harmless and indemnify the Postal Service and its officers,…