B-28106 JPMC Natural Gas Supplier Request for Proposals RFP 220422 Amendment 001.docx

The Illinois Department of Central Management Services (“CMS”, “Agency”, or “State”) requests proposals from responsible Offerors to meet its needs. A brief description is set forth below for the Offeror’s convenience, with detailed requirements in subsequent sections of this solicitation. If interested and able to meet these requirements, the State appreciates and welcomes an Offer.

Brief Description:

This solicitation is issued by the Department of Central Management Services in cooperation and agreement with the Chief Procurement Officer for General Services. The purpose of this solicitation is to establish a Joint Purchase Master Contract to enable Central Management Services and governmental units to purchase Natural Gas on an as needed basis during the contract period. By submitting an offer, Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in the resulting contract for the items in the resulting contract to all governmental units.

The supplies or services subject to the resulting contract shall be distributed or rendered directly to each governmental unit. Vendor shall bill each governmental unit separately for its actual share of the costs of the supplies or services purchased. The credit or liability of each governmental unit shall remain separate and distinct. Disputes between vendors and governmental units shall be resolved between the affected parties.

“Governmental unit” means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority which has the power to tax, or any other public entity created by statute.

The State of Illinois has a need for a firm, reliable, uninterrupted, and inexpensive supply of natural gas for use in the State of Illinois Bulk Natural Gas Procurement Program (Program). The State also requires assistance in managing price risk related to the supply of natural gas.

The goal of the Program is to reduce the cost and price volatility of natural gas to governmental units using the resulting contract.

CMS intends for this program to expand to include multiple State agencies, facilities, and utility territories (governmental units) throughout the term of this Contract. The awarded Offeror will accommodate natural gas volumes associated with new enrollments.

The resulting contract with the awarded Offeror shall have a term of ten (10) years with no renewals. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed ten (10) years. 30 ILCS 500/20-60.

Please read the entire solicitation package and submit an Offer in accordance with the instructions. All forms and signature areas contained in the solicitation package must be completed in full and submitted along with the technical response and price proposal which combined will constitute the Offer. Do not submit the instruction pages with Offers.

Forms A, Forms B, BEP Utilization Plan, and VSB Utilization Plan may be downloaded from the Chief Procurement Officer for General Service’s website at https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx. These sections are a material part of this solicitation and must be returned when applicable with an Offeror’s Offer.

NOTE: DOCUMENTS SIGNED BY PERSONS OTHER THAN PRESIDENT, CEO, OWNER, OR EXECUTIVE DIRECTOR SHOULD SUBMIT A SIGNATURE AUTHORITY LETTER WITH THE BID.

Offers that do not adhere to the form and content of the Request for Proposal requirements may not be considered.

STATE OF ILLINOIS

REQUEST FOR PROPOSAL

Central Management Services JPMC Natural Gas Supplier

22-416CMS-BOPM4-B-28106

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not discriminate in employment, contracts, or any other activity.

The State of Illinois encourages prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances.

State of Illinois RFP 1 Introduction V.20.1

SECTION 1.

SECTION 2

Pricing E.

SECTION 3.

The following sections (FORMS A, FORMS B, BEP Utilization Plan, VSB Utilization Plan) of the solicitation may be found on the CPO’s website at:

https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

FORMS A

Complete this section if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

FORMS B

Complete this section if you are using an active State of Illinois Vendor Registration Number.

To ensure that you are registered in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you are not registered in the IPG.

STATE OF ILLINOIS

OUTLINE

State of Illinois RFP 4

OUTLINE

V.20.1

SECTION 1.

A. INSTRUCTIONS FOR SUBMITTING OFFERS

A.1. PROCESS CHANGES RESULTING FROM BIDBUY: BidBuy is the new electronic procurement system being used by State agencies under the jurisdiction of the Chief Procurement Officer for General Services. With the implementation of BidBuy, some procurement processes have changed. In some instances, BidBuy entirely replaces the State’s previous procurement processes. In others, the past instruction or process remains unchanged or is augmented by BidBuy.

The State publishes Requests for Proposals (RFP) in BidBuy. BidBuy consists of public webpages that may be referred to as the “Bulletin” or information “on BidBuy”. BidBuy also permits vendors to create password protected Seller Accounts allowing electronic quoting for some procurement methods. The RFP, along with other attachments and information on BidBuy, constitutes the State’s solicitation. Offerors must pay special attention to the instructions found on BidBuy as they augment the information in this RFP. Offerors shall read the entire contents of this RFP and direct any questions to the Information Contact found on the BidBuy posting.

A.2. CONFLICT BETWEEN INFORMATION IN PAPER FORMAT AND ON BIDBUY: If the State provides information in paper format (i.e. the RFP and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in paper format is presumed to represent the State’s intent. If the Offeror provides information in paper format that is different or in conflict with the information the Offeror provides in BidBuy through their Seller Account, then the information in paper format shall represent the Offeror’s intended submission.

A.3. HOW TO ENTER INFORMATION: Type information in the red text form fields provided. If the information requested does not apply to the Offeror’s situation, then enter “N/A” into the text form field. Please enter the requested information or N/A into every text form field.

A.4. PUBLISHED PROCUREMENT INFORMATION: The State publishes procurement information, including solicitations, awards, and amendments, on the General Services Illinois Procurement Bulletin, referred to as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Offeror is responsible for monitoring the Bulletin. The State will not be held responsible if Offeror fails to receive the optional e-mail notice of future amendments to the solicitation.

A.5. INFORMATION CONTACT: The individual listed in the “Info Contact:” on the Bulletin posting shall be the single point of contact for this solicitation. Unless otherwise directed, Offerors should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any Offer with any State officer or employee other than the Information Contact.

A.6. OFFEROR QUESTIONS AND AGENCY RESPONSE: All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact no later than seven (7) calendar days following the Pre-Submission Conference. Questions received and Agency responses may be posted as an Amendment to the original solicitation on the Bulletin; only these posted answers to questions shall be binding on the State. Offerors are responsible for monitoring the Bulletin.

A.7. PRE-SUBMISSION CONFERENCE: In the Bulletin posting, the Agency may schedule a Pre-Submission Conference as the “Pre-Bid Conference:”.

A Pre-Bid Conference will be held to discuss the solicitation, documents required for responsiveness and allow questions to be asked. Please refer to the Pre-Bid Conference Information Sheet on the bid in BidBuy for the date, time, and call-in information.

Is attendance at the Pre-Submission Conference mandatory? |_| Yes |X| No

A.8. OFFER DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF OFFERS: Each solicitation contains the Offer Due Date and Time appearing as the “Bid Opening Date:” on the Bulletin posting. Offers will be opened at the Submit/Deliver Offers To address provided below on the “Bid Opening Date:”

A.8.1. Offer Firm Time: The Offer must remain firm for 180 days from opening.

22-416CMS-BOPM4-B-28106

Offeror City, State Zip

A.9. ORGANIZATION REQUIRED: Offers may be submitted in packets. Please follow these instructions carefully. Pursuant to CPO Notice 2020.06, State agencies shall only accept electronic submissions for competitive solicitations. Paper responses will not be accepted. For more details please see the attachment titled Notice of Electronic Submissions Only.

A.9.1. Packet 1 shall contain the Offeror’s response to the Specifications/Qualifications/Statement of Work provided in Section 1, Part D.

A.9.2. Packet 2 shall contain Offeror’s Pricing provided in Section 2, Part E.

A.9.3. Packet 3 shall contain the Offeror’s Offer found in Section 1, Part C, and applicable forms found in Section 3, Parts F through J.

A.9.3.1. Exceptions must be provided on Agency’s Exceptions to Solicitation and Contract Terms and Conditions form (Section 3, Part G) or must be in a substantially similar format. Agency discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of the Offer.

Additional Offeror Provisions may be stated on this form and should not include exceptions to Agency specifications, terms and conditions, or any other part of this solicitation. This is supplemental information that supports an Offeror’s position, for example, an Offeror’s licensing agreement.

A.9.3.2. The Agency may state additional terms and conditions to contracting in the State Supplemental Provisions (Section 3, Part H).

A.9.4. Packet 4 shall contain either Forms A or Forms B. Forms A contains eight forms and shall be returned by Offerors that do not have an active registration in the Illinois Procurement Gateway (IPG).

Forms B consists of two pages and a one-page Taxpayer Identification Number. Forms B is only returned by Offerors that have a valid IPG registration number with expiration date and elect to not use the forms found in Forms A.

A.9.5. Packet 5 shall contain a redacted copy of the Offer.

Offeror should provide a redacted copy of the Offer, if applicable, that removes material considered to be a trade secret or competitively sensitive, confidential, or proprietary. See F.9. in Standard Terms and Conditions, Section 3, Part F.

A.10. SUBMISSION OF OFFERS: The Offer must be submitted in sealed packets as indicated below and clearly labeled with the Request for Proposal title, the BidBuy reference number, the packet number, the Offeror’s name and the wording: “Sealed Offer – Do Not Open.” The separately sealed packets may be submitted together in one mailing/shipping box or may be submitted separately in individual/shipping boxes. Do not put the entire Offer on a single CD or USB flash drive. Pricing must always be on a separate CD or USB flash drive unless otherwise instructed. Pursuant to CPO Notice 2020.06, State agencies shall only accept electronic submissions for competitive solicitations. Paper responses will not be accepted. For more details please see the attachment titled Notice of Electronic Submissions Only.

If applicable

A.11. SECURITY: Performance Bond: $0 If a performance bond is required, Offeror must submit the Performance Bond to the Information Contact within ten (10) days after award. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

A.12. SMALL BUSINESS SET-ASIDE: In the Bulletin posting, if “Yes” is shown to the question “Is this subject to Small Business Set-Aside?”, then Offeror must be qualified by the Small Business Set-Aside Program at the time Offers are due in order for the Offer to be evaluated. For complete requirements and to qualify Offeror’s business in the Small Business Set-Aside Program, please visit the CPO’s website at https://www2.illinois.gov/cpo/general/Pages/Sell2Illinois.aspx.

A.13. MINORITY CONTRACTOR INITIATIVE: The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any offeror awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

A.14. FEDERAL FUNDS: The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of goods and/or services involved that are Federally funded and the dollar amount of such Federal funds will be disclosed.

A.15. EMPLOYMENT TAX CREDIT: Offerors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits.

A.16. GOVERNING LAW AND FORUM: Illinois law and rules govern this solicitation and any resulting contract. Offeror must bring any action relating to this solicitation or any resulting contract in the appropriate court in Illinois. This document contains statutory references designated with “ILCS”. Offeror may view the full text at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 ILL. ADM. CODE PARTS 1) are applicable to this solicitation and may be respectively viewed at http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7) and http://www.ilga.gov/commission/jcar/admincode/044/044parts.html.

A.17. PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT: Offers become the property of the State and late submissions will not be returned. All offers will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Offeror requests in its Offer that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Offers confidential. Offerors must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Offeror’s name, the substance of the Offer, and the price.

If Offeror requests confidential treatment, Offeror must submit additional copy/copies (see Instructions for Submission of Offers in Section A.10.) of the Offer with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed and shall retain as much of the Offer as possible. In a separate attachment, Offeror shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Offeror will hold harmless and indemnify the State for all costs or damages associated with the State defending Offeror’s request for confidential treatment. Offeror agrees that the State may copy the Offer to facilitate evaluation, or to respond to requests for public records. Offeror warrants that such copying will not violate the rights of any third party.

A.18. RESERVATIONS: Offeror must read and understand the solicitation and tailor the Offer and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all offers, award by item/services, group of items/services, or grand total, and waive minor defects. The State may request a clarification, inspect Offeror’s premises, interview staff, request a presentation, or otherwise verify the contents of the Offer, including information about subcontractors and suppliers. The State may request Best & Final Offers when appropriate. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code, rules and other applicable State and Federal statutes and regulations. This competitive process may require that Offeror provide additional information and otherwise cooperate with the State. If an offeror does not comply with requests for information and cooperate, the State may reject the offer as non-responsive to the solicitation. Submitting an offer does not entitle Offeror to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any offer. Awarded Offeror(s) shall not commence and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

A.19. AWARD: The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the responsive and responsible offeror whose offer best meets the specified criteria unless otherwise permitted by the Illinois Procurement Code and Illinois Administrative Code. However, if the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, then the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State will determine whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all prices submitted, other known prices, the project budget, and other relevant factors. The State will post a notice to the Bulletin identifying the apparent most responsive and responsible offeror.

A.20. REFERENCES: |_| Yes |X| No. If “Yes” is marked, Offeror must provide references from established private firms or government agencies other than the procuring Agency, who can attest to Offeror’s experience and ability to perform the contract that is the subject of this solicitation. Offeror must provide the name, contact information and a description of the supplies or services provided using the References form found in Section 3, Part J.

A.21. INVOICING ADDRESS: The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The orders resulting from the contract will contain the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

A.22. PROTEST REVIEW OFFICE: Offeror may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 ILL. ADM. CODE 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office’s information is as follows:

Chief Procurement Office Email: eec.legalstaff@illinois.gov Attn: Protest Review Office

Springfield, IL 62706 A.23. EVALUATION PROCESS: The State determines how well offers meet the Responsiveness requirements. The State will rank offers, without consideration of price, from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. Offerors who fail to meet minimum requirements or who receive fewer than the minimum required points, if any, will not be considered for price evaluation and award.

The State evaluates three categories of information: Responsibility, Responsiveness, and Price. The State considers the information provided and the quality of that information when evaluating Offers. If the State finds a failure or deficiency, the State may reject the offer or reflect the failure or deficiency in the evaluation.

A.23.1. RESPONSIVENESS: A Responsive Offeror is one who submits an offer that conforms in all material respects to the Request for Proposal and includes all required forms.

A.23.1.1. Subcontractor Disclosure: If the Offer includes any subcontractors, then Offeror shall complete the Subcontractor Disclosure form found in Section 3, Part I.

A.23.1.2. References: If references are required, then Offeror shall complete and return the References form in Section 3, Part J.

A.23.1.3. If completing Forms B, then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Disclosure of lobbyists for Offeror and parent entity(ies)

· Disclosure of pending and current contracts

· Certifications timely to this solicitation A.23.1.4. If completing Forms A, required forms may include and may not be limited to:

· Business and Directory Information: Offeror should complete and return the Business and Directory Information form in Forms A , Part 1.

· Illinois Department of Human Rights Public Contracts Number: Offeror shall complete and return the IDHR Public Contracts Number form in Forms A , Part 2.

· Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting a bid and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Forms A, Part 3.

· Standard Certifications: Offeror shall complete and return the Standard Certifications form in Forms A , Part 4.

· State Board of Elections Registration: Offeror may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Forms A, Part 5.

· Disclosure of Business Operations with Iran: Offeror should complete and return the Disclosure of Business Operations with Iran form in Forms A , Part 6.

· Financial Disclosures and Conflicts of Interest: Offeror shall complete and return the Financial Disclosures and Conflicts of Interest form in Forms A , Part 7.

· Taxpayer Identification Number: Offeror should complete and return the Taxpayer Identification form in Forms A.

A.23.1.5. The State will determine whether the Offer meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no offeror meets a particular requirement, the State may waive that requirement.

A.23.1.6. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof that the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance, and desired characteristics.

A.23.1.7. The State will determine whether the Offer complied with the instructions for submitting offers. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that an offeror correct deficiencies as a condition of further evaluation.

A.23.2. RESPONSIBILITY: A responsible Offeror is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Offeror is a “responsible” offeror; an offeror with whom the State can or should do business. For example, the State may consider the following:

A.23.2.1. A “prohibited offeror” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request of information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, goods or services after providing the State with a demonstration of the developing technology, goods, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies.

A.23.2.2. Other factors that the State may evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the Offer), compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the offeror’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

A.23.2.3. Awarded offerors must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

A.23.2.4. The State may require that an offeror correct any deficiencies as a condition of further evaluation.

A.23.3. PRICE: The State identifies the lowest priced offer that meets the responsibility and responsiveness requirements.

A.24. BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of proposals.

BEP Goal: 13%

BEP Liaison: Katrina Livingston

Email Address: Katrina.Livingston@illinois.gov

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by the Department of Central Management Services as BEP vendors prior to the Bid Opening Date. Go to https://www2.illinois.gov/cms/business/sell2/bep/Pages/default.aspx for complete requirements for BEP certification. Go to https://cms.diversitycompliance.com/ to search for certified BEP vendors.

The following NIGP Codes were used to calculate the Business Enterprise Program goal:

The vendors associated with the codes above are listed on the BEP Vendor Listing attached in BidBuy to the solicitation. This is not an all-encompassing list of who may be used as a subcontractor to fulfill this goal. If you have a potential subcontracting opportunity for goods or services by a vendor subject to the NIGP codes referenced in solicitation documents that would be considered applicable to the resulting contract, you may submit that subcontractor to fulfill the BEP goal, assuming they are BEP certified with the State of Illinois at the time of bid submission. Only vendors certified as BEP at the time of bid submission and subject to the code(s) above shall count towards the goal.

In order to be considered as having completed a “good faith effort”, you must contact 100% of all vendors and enter their responses in the BEP Utilization Plan.

A.25. VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of proposals.

VSBP Goal: None

VSBP Liaison: Will-Stephens

Email Address: will.stephens2@illinois.gov

A.26. BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://www2.illinois.gov/cpo/PathwayToProcurement/Pages/Guides-and-Manuals.aspx.

-END OF INSTRUCTIONS-

STATE OF ILLINOIS

SUBCONTRACTOR DISCLOSURES

ATTACHMENT FF

INSTRUCTIONS FOR SUBMITTING OFFERS

State of Illinois RFP 30 Attachment FF– Subcontractor Disclosures V.13.3 State of Illinois RFP 16 Section 1. Part A.Instructions V.20.1

B. SELECTION OF VENDOR

B.1. The State may award to the most responsive and responsible Offeror whose Offer best meets the below criteria.

B.2. The State determines how well Offers meet the responsiveness requirements. The State ranks Offers, without consideration of price, from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation.

B.3. If the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State determines whether the price is fair and reasonable by considering the Offer, including the Offeror's qualifications, the Offeror's reputation, all prices submitted, other known prices, the project budget, and other relevant factors.

B.4. The chart below shows the elements of responsiveness that the State evaluates and their relative weights in point format.

B.4.1. Mandatory Requirements – D.6.1 B.4.2. The total number of points for responsiveness is 774.

B.4.3. RESPONSIVENESS ELEMENTS

Technical Proposal: 645 points (based on points for offeror experience, technical and strategic approach, and staff specifications)

B.5. Section 30 ILCS 500/20-15 of the Illinois Procurement Code requires Offerors to show a demonstrated commitment to diversity. There are three parts to each proposal – technical, commitment to diversity, and pricing. Each part of the proposal is evaluated and ranked independently of the other parts of the proposal. The evaluation results shall be used in ranking of proposals.

B.5.1. The commitment to diversity points are equivalent to 20% of the technical points (129 points).

B.5.2. Offerors should provide evidence supporting their commitment to diversity using the Commitment to Diversity form found in Section D.9.

B.6. The total number of points for Price is 776. The State will determine Price points using the following formula:

Maximum Price Points X (Lowest Price/Offeror’s Price) = Total Price Points B.7. The maximum number of points is 1550 (Responsiveness 774 + Price 776).

SELECTION OF VENDOR

State of Illinois RFP 17 Section 1. Part B. Selection of Vendor V.20.1 C. Project Title / BidBuy Reference # JPMC Natural Gas Supplier / 22-416CMS-BOPM4-B-28106 The undersigned authorized representative of the identified Offeror hereby submits this Offer to perform in full compliance with the subject solicitation. By completing and signing this form, the Offeror makes an Offer to the State of Illinois that the State may accept.

Offeror should use this form as a final check to ensure that all required documents are completed and included with the Offer. Offeror must mark each blank below as appropriate; mark N/A when a section is not applicable to this solicitation. Offeror understands that failure to meet all requirements is cause for disqualification.

C.1. SOLICITATION AND CONTRACT REVIEW: Offeror reviewed the Request for Proposal, including all referenced documents and instructions, completed all blanks, provided all required information, and demonstrated how it will meet the requirements of the State of Illinois.

|_| Yes |_| No C.2. ADDENDA: Offeror acknowledges receipt of any and all addenda to the solicitation and has taken those into account in making this Offer.

|_| Yes |_| No|_| N/A C.3. PRE-SUBMISSION CONFERENCE: Attendance was not mandatory; Offeror attended the Pre-Submission Conference.

|_| Yes |_| No C.4. OFFER SUBMISSION: Offeror is submitting the appropriate documents for technical responses within BidBuy.

|_| Yes |_| No

Offeror is submitting the pricing packet separately and checking the box next to the question within Bidbuy, “Does this Attachment contain any pricing, cost or discount information?” Failure to mark this box when attaching a pricing document may result in disqualification.

|_| Yes |_| No C.5. FORMS A or FORMS B: Offeror is properly submitting either Forms A or Forms B, but not both.

|_| Yes |_| No C.6. BOND: If applicable, Offeror is submitting its Bid Bond or Performance Bond.

|_| Yes |_| No |X| N/A C.7. SMALL BUSINESS SET-ASIDE: Offeror is a qualified small business in the Small Business Set-Aside Program at the time Offers are due.

|_| Yes |_| No |X| N/A

C.8. PACKET 1 – SPECIFICATIONS/QUALIFICATIONS/STATEMENT OF WORK

|_| Yes |_| No

C.9. PACKET 2 – PRICING

|_| Yes |_| No

C.10. PACKET 3 – OFFER

|_| Yes |_| No

C.11. PACKET 4 – FORMS A

C.12. PACKET 4 – FORMS B

C.13. PACKET 5 – REDACTED OFFER

C.14. PACKET 6 – BEP UTILIZATION PLAN

C.15. PACKET 7 – VSB UTILIZATION PLAN

C.16. PREFERENCES

The Illinois Procurement Code provides various preferences to promote business opportunities in Illinois.

Does Offeror make any claims for preferences? If so, please mark the applicable preference(s) and include a listing of the items that qualify for the preference at the end of this Section and a description of why the preference applies. Agency reserves the right to determine whether the preference indicated applies to Offeror.

|_| Resident Bidder (30 ILCS 500/45-10).

|_| Soybean Oil-Based Ink (30 ILCS 500/45-15).

|_| Recycled Materials (30 ILCS 500/45-20).

|_| Recycled Paper (30 ILCS 500/45-25).

|_| Environmentally Preferable Supplies (30 ILCS 500/45-26).

|_| Correctional Industries (30 ILCS 500/45-30).

|_| Not-for-Profit Agencies for Persons with Significant Disabilities (30 ILCS 500/45-35).

|_| Gas Mileage (30 ILCS 500/45-40).

|_| Small Businesses (30 ILCS 500/45-45).

|_| Illinois Agricultural Products (30 ILCS 500/45-50).

|_| Corn-Based Plastics (30 ILCS 500/45-55).

|_| Disabled Veterans (30 ILCS 500/45-57).

|_| Vehicles Powered by Agricultural Commodity-Based Fuel (30 ILCS 500/45-6) |_| Biobased Products (30 ILCS 500/45-75).

|_| Historic Preference Area (30 ILCS 500/45-80).

|_| Procurement of Domestic Products (30 ILCS 517).

|_| Public Purchases in Other States (30 ILCS 520).

|_| Illinois Mined Coal (30 ILCS 555).

|_| Steel Products Procurement (30 ILCS 565).

|_| Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575).

|_| Veterans Preference (330 ILCS 55).

Items that Qualify and Explanation: Click here to enter text.

Signature of Authorized Representative:

Printed Name of Signatory: Click here to enter text.

Offeror’s Name: Click here to enter text.

Date: Click here to enter a date.

OFFER TO THE STATE OF ILLINOIS

State of Illinois RFP 21 Section 1. Part C. Offer to the State of Illinois V.20.1

D. SPECIFICATIONS/QUALIFICATIONS/STATEMENT OF WORK

D.1. GOAL: This Request for Proposal (RFP) is issued to solicit proposals from natural gas suppliers that are qualified and interested in entering into an a Joint Purchase Master Contract to provide natural gas services on a consistent, non-interruptible firm delivery basis to governmental units. The awarded Offeror will assist governmental units in securing sufficient natural gas supplies and managing price risk. Managing price risk will be accomplished through a strategy that will direct the supplier to secure fixed prices for partial volumes of total projected monthly natural gas volumes. The timing and volumes of the fixed price purchases may be triggered by market price, calendar, or other standards to be established by the State. Monthly volumes not secured at a fixed price will be supplied at the Natural Gas Intelligence (NGI) Weekly Gas Price Index, Non-Utility End User Citygate, Henry Hub pipeline (the pricing point for natural gas futures on the New York Mercantile Exchange), first of the month posting Illinois via National Gas Pipeline Company of America (NGPL).

This Joint Purchase Master Contract (JPMC) may be utilized by all Governmental Units as defined in Section H of this RFP.

D.2. SUPPLIES AND/OR SERVICES REQUIRED: The awarded Offeror shall furnish and deliver natural gas of the quality and quantity described in these specifications:

D.2.1. Volumes of natural gas shall be delivered to the Point(s) of Delivery on the interstate pipeline for Re-Delivery to the Local Distribution Company (LDC) point of interconnect with the third (3rd) party transporter(s) (commonly referred to as Citygate).

D.2.2. Timely Nomination Services for the delivery of natural gas for use at governmental units.

a. Monitoring actual usage and modifying nominations as needed during the course of the month. Monitoring will include, but not be limited to, email/phone notification of supply alerts, disruption in sercivies by location and significant pricing variances.

b. Nominations for natural gas supplies to LDC “in writing” will be in accordance with utilities’ nomination schedule.

c. If requested, accurate meter readings of each governmental unit’s actual daily usage shall be provided. This information shall be made available to CMS and/or governmental unit representatives/agents upon request. Neither CMS, the governmental unit nor its agents or will be held liable for any under or over usage fees. Meter reads may be requested from the governmental unit locations as deemed necessary.

d. The State will provide historical usage information for State agencies at the beginning of the contract which may be used to prepare nomination volume estimates based on previous usage. The State will provide access and consent to estimated usage and related data via the natural gas providers. Current estimates of these monthly amounts are listed in Attachment A. The awarded Offeror, however, will be responsible for determining and obtaining full requirements.

e. The Offeror will provide monthly natural gas nominations no later than 5 calendar days before the first day of each month.

f. Offeror may adopt any of the following strategies:

i) trade the imbalance volumes (“True-Up”) as needed and incur any profit or loss in the sale or purchase of the natural gas.

ii) make up any shortfall through “utility supplied gas”; however awarded Offeror will be responsible for any penalties or costs incurred and will reimburse each account for the price differential between the utility and the contract prices as well as the state and local taxes assessed for the “utility supplied gas”; and if the contract gas cost exceeds the cost of the utility-supplied gas plus the subsequent taxes, the awarded Offeror will charge for only the nominated gas amount so as to give the governmental unit the greatest cost benefit; this reimbursement will be credited and itemized on the invoice to the governmental unit for the billing period in question;

iii) use account storage capacities allowed by the utility to balance monthly volumes by the following mechanisms: injecting or withdrawing the imbalance into governmental unit storage accounts and retaining ownership of that natural gas for later use for that account; using existing “customer owned” stored gas to make up imbalance volumes; however, the governmental unit must be properly compensated as to the loss in storage value; for example if storage levels were purposefully accumulated in previous months as a lower price, the awarded Offeror must either reimburse the governmental unit of the differential between this price and the market price or replace the withdrawn gas within two (2) billing cycles.

D.2.3. Quality and Measurement – The natural gas sold and delivered to Citygate on behalf of governmental units shall be warranted of the quality conforming to the requirements of the Interstate Transmission Pipeline carriers and the LDC. Natural gas shall be delivered at the Delivery Point(s) at the pressure and temperature acceptable to each Transporter and LDC. Except with the consent of governmental unit, the natural gas shall have a total heating value per cubic foot of not less than one thousand (1,000) Btu's. The awarded Offeror shall indemnify governmental units and hold harmless from all suits, actions, debts, accounts, damages, costs, losses, and expenses arising from or out of breach of said warranty.

All measurement standards shall be in accordance with those of the Transporter(s). Either party may challenge the accuracy of any meter or measuring equipment used to measure the natural gas deliveries under the resulting contract. All testing of, and corrections to, such meters and measuring equipment shall be conducted in accordance with the applicable Transporter’s Tariff.

D.2.4. Quantity and Storage – The awarded Offeror agrees to sell to the governmental units and the governmental units agree to purchase its requirements of natural gas as specified except as indicated below.

a. Governmental units shall have no obligation to order any specific quantity of natural gas in any specific month. The quantity of natural gas needed by the governmental unit shall be delivered pursuant to any resulting contract.

b. The governmental unit shall never be obligated to pay for natural gas which has not been delivered to the LDC.

c. The governmental unit may terminate a resulting contract for any failure to deliver needed volume during any month.

d. The…