NEW HAMPSHIRE DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

REQUEST FOR BID FOR FIRM ELECTRICITY SUPPLY SERVICES

3152-27

DUE DATE: 9/29/2026 12:00:00 PM (EASTERN TIME)

Table of Contents

1. PURPOSE:

2. INSTRUCTIONS TO VENDOR:

3. BID SUBMITTAL:

4. BID INQUIRIES:

5. BID DUE DATE:

6. ADDENDA:

7. TIMELINE:

8. TERMS OF SUBMISSION:

9. CONTRACT TERM:

10. CONTRACT AWARD:

11. NOTIFICATION AND AWARD OF CONTRACT(S):

12. LIABILITY:

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

14. TERMINATION:

15. TECHNICAL REQUIREMENTS

16. RESTRICTION OF CONTACT WITH STATE EMPLOYEES

17. PHASE 1 – QUALIFICATION STATEMENT SUBMISSIONS

18. PHASE 2 – PRICING SUBMISSIONS:

19. ADDING OR DELETING FACILITIES TO THIS CONTRACT:

20. CHANGES IN TARIFF OR LAW:

21. EVALUATION CRITERIA

22. SELECTION PROCESS:

23. CONTRACT INVOICING:

24. RFB ADDENDUM

25. NON-COLLUSION

26. PUBLIC DISCLOSURE

27. NON-COMMITMENT

28. ETHICAL REQUIREMENTS

29. NON-EXCLUSIVE CONTRACT

30. STANDARD CONTRACT TERMS

31. PRICE ADJUSTMENTS:

32. Material Change:

33. BID PRICES:

34. AUDITS AND ACCOUNTING:

35. ACCOUNT REPRESENTATIVE:

36. ESTIMATED USAGE:

37. USAGE REPORTING:

38. ESTABLISHMENT OF ACCOUNTS:

39. PAYMENT:

40. INVOICING:

41. VENDOR RESPONSIBILITY:

42. IF AWARDED A CONTRACT:

43. SPECIFICATION COMPLIANCE:

44. SPECIFICATIONS:

45. SCOPE OF WORK:

46. WARRANTY REQUIREMENTS:

47. OBLIGATIONS AND LIABILITY OF THE VENDOR:

48. NON-EXCLUSIVE CONTRACT:

49. OFFER:

50. VENDOR’S BALANCE OF PRODUCT LINE ITEMS:

51. VENDOR CONTACT INFORMATION:

52. DELIVERY TIME:

53. DELIVERY LOCATIONS:

54. ATTACHMENTS:

55. Note: To be considered, bid TRANSMITTAL LETTER shall be signed in the space provided

56. The Bid Opening is open to the public online at the following:

APPENDIX A

STATE OF NEW HAMPSHIRE TRANSMITTAL LETTER

1. PURPOSE:

1.1. The purpose of this bid invitation is to establish a contract for firm supply and delivery of electricity for certain electrical accounts for the State of New Hampshire (State), from a Competitive Electric Power Supplier (CEPS), certified as such with the New Hampshire Public Utilities Commission (NH-PUC), with product list and requirements indicated in the SCOPE OF WORK and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract.

2. INSTRUCTIONS TO VENDOR:

2.1. Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (detailed information on how to fill out the pricing information can be found in the “Offer” section); complete the “Vendor Contact Information” section; and finally, fill out, and sign the bid transmittal letter.

3. BID SUBMITTAL:

3.1. All bids shall be submitted on this form (or an exact copy), shall be typed, or clearly printed in ink, and shall be received on or before the date and time specified on paragraph 7 of this bid under “Bid Closing”. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agent’s name.

3.2. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT

YOUR BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201.

4. BID INQUIRIES:

4.1. Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant.

4.2. Questions shall be submitted by email to Ryan Fuller at christopher.r.fuller@das.nh.gov.

4.3. Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question.

5. BID DUE DATE:

5.1. All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as “Late” and shall not be considered in the evaluation process.

5.2. All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification.

6. ADDENDA:

6.1. In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH

Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is: https://apps.das.nh.gov/bidscontracts/bids.aspx.

7. TIMELINE:

7.1. The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a “no later than” date.

Bid Solicitation distributed on or by: 8/28/2026 Last day for questions, clarifications, and/or requested changes to bid: 9/16/2026

States response to questions, clarifications, and/or requested changes to bid: 9/23/2026

Phase 1 – Qualification Statement Submissions (Phase 1 close):

9/16/2026

Deadline for bidder approval notification: 9/18/2026 Phase 2 – Pricing Submissions (Phase 2 close): 9/29/2026 12:00 PM EST State lock-in (Eastern Time): 9/29/2026 3:00 PM EST mailto:NH.Purchasing@DAS.NH.Gov mailto:christopher.r.fuller@das.nh.gov https://apps.das.nh.gov/bidscontracts/bids.aspx

Contract implementation (next meter read after): 11/1/2026

8. TERMS OF SUBMISSION:

8.1. All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded.

8.2. A responding bid that has been completed and signed by your representative shall constitute your company’s acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions.

8.3. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB.

8.4. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary.

8.5. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer.

8.6. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART

HEREOF.

8.7. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State’s format.

9. CONTRACT TERM:

9.1. The term of the contract shall commence November 1, 2026, or upon execution by the Commissioner of the

Department of Administrative Services, whichever is later (the “effective date”) and shall continue thereafter for a period of twelve (12), twenty-four (24), or thirty-six (36) months based on the Offer Section and what is in the best interest of the State. Actual term will depend on results of the bid closing conducted in Phase 2 – Pricing Submissions (Phase 2 close). The State has provided the list of electric accounts behind each of the four (4) Local Distribution Companies (LDC) listed in Attachment 2 with a combined estimated annual usage of 93,183 MWh.

9.2. The contract may be extended for up to two (2) one-year terms thereafter under the same terms, conditions, and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services.

9.3. The maximum term of the contract, including extensions, may not exceed five (5) years.

9.4. Start/End Date: The agreement and all obligations of the parties thereunder, shall become effective on the Start Date, November 1, 2026, and shall be completed in their entirety on the Expiration Date depending on selected term, October 31, 2027/2028/2029, unless adjusted for conditions outlined in Section 9.5. Any services or work undertaken by the Seller prior to the start date shall be at its sole risk and, in the event that the agreement shall not become effective, the State shall be under no obligation to reimburse the Seller for any such work or services.

9.5. Term Adjustments: The CEPS delivery pursuant to this Agreement will begin on the Start Date specified above and will end on the Expiration Date specified above, provided that all requirements of this Agreement are met. Unless termination occurs before the Expiration Date in accordance with the Section 14, both parties will agree to the following expectations of the term conditions:

9.5.1. The Term shall commence on the Start Date (November 1, 2026) providing the LDC reads the Business Meter(s) on that date; the Vendor shall arrange for transfer of CEPS responsibilities from the LDC to the Seller. If the LDC does not read the Business Meter(s) on the Start Date, then the service to those certain accounts may be adjusted to coincide with the LDC’s next scheduled meter reading.

9.5.2. The Term for any individual account shall end on the Expiration Date stated above, providing the LDC reads the Business Meter(s) on that date. Should the Start Date be adjusted per Section 9.4 above, the Expiration Date will correspond to a service period of 12/24/36 full months.

9.6. The State of New Hampshire reserves the right to add or delete locations/equipment throughout the term of the contract. For the addition of a new location or new equipment, a requesting agency through the Division of Procurement and Support Services shall submit a request for quote (RFQ) including a detailed scope of work to the contractor. Quotes shall be in accordance with pricing and service requirements contained herein and no service shall be performed until documented acceptance by the State is received. The Contract may be amended, by agreement of the parties, effective upon approval of the commissioner of the Department of Administrative Services or designee, without further approval needed by the Governor and Executive Council as long as the price limitation is unchanged or decreased as a result of the new or deleted locations/equipment.

10. CONTRACT AWARD:

10.1. The award shall be made to the CEPS(s) meeting the criteria established in this RFB by meeting the requirements as specified in Phase 1 and Phase 2. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All award(s) shall be, in the form of a State of New Hampshire Contract(s).

10.2. Awards shall be made for whole pricing groups at 12-month, 24-month, or 36-month intervals. Pricing groups shall not be split between vendors.

10.3. Successful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel.

10.4. If the State, determines to make an award, the State will issue an “intent to award” notice to a Bidder after the conclusion of the auction conducted in Bid Closing (Phase 2). The State may reject all proposals, cancel this RFP, or solicit new Proposals under a new acquisition process.

10.5. If the State decides to award a contract as a result of this procurement process, any award is contingent upon approval of the Contract by the Commissioner of the Department of Administrative Services of the State of New Hampshire.

11. NOTIFICATION AND AWARD OF CONTRACT(S):

11.1. Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out.

Bid results shall be made public after final approval of the contract(s).

11.2. Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx.

11.3. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice.

12. LIABILITY:

12.1. The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance.

13. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS:

13.1. Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37.

13.2. Confidential, commercial, or financial information may be exempt from public disclosure under RSA 91-A:5, IV.

Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner:

13.3. If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are stamped or otherwise marked with the notation “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment, or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State.

13.4. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential.

13.5. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess what information it believes is subject to release; notify the Bidder that the request has been made;

indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

13.6. By submitting a proposal, Bidders acknowledge and agree that:

13.6.1. The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFP;

13.6.2. The State is not obligated to comply with a Bidder’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and

13.6.3. The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Bidder.

14. TERMINATION:

14.1. The State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to the successful Vendor.

15. TECHNICAL REQUIREMENTS

15.1. GENERAL PROVISIONS:

15.1.1. This RFB does not commit the State of New Hampshire to award a contract, pay any costs incurred in preparing a response, or procure or contract for services. Furthermore, the State’s listed loads are intended to demonstrate usage history only; the indicated annual load is an approximation. Actual usage history may be obtained by submitting an Interval Data Request. Any resulting contracts from this RFB will be for kWh equivalent to the actual past twelve months, depending on contract term, with at least a + or - 25-percent swing provision built in. Should the total combined usage for the listed accounts differ by more than 25-percent, the State agrees to purchase additional needed electricity at the market price as detailed herein for the duration of the contract. Any resulting contracts will explicitly state the number of kWh to be purchased.

15.1.2. CEPS responding to this request will bear all expenses incurred in the preparation of their responses.

Furthermore, any cost to investigate usage profiles or provide oral or written clarification of their proposals shall be borne by the suppliers. The State of New Hampshire assumes no responsibility for these costs. All responding CEPS are instructed to submit one original and three copies of their bids. The State has published its “CURRENT FINANCIALS” posted on the NH DAS Division of Accounting Services website: https://www.das.nh.gov/accounting/reports.aspx. Any proposal stating, “subject to credit approval,” shall be deemed noncompliant. The State’s credit worthiness must be based on the documents posted on the abovementioned website.

15.1.3. Qualification Statements (Phase I) must be submitted as directed Qualification Statement Submission, Deadline, and Location Instructions and Bid Submission must be received on the forms supplied (including all appendices). Qualification Statements must be typewritten; Qualification Statements must be signed to be considered. All bids submitted become the property of the State after the bid deadline.

15.1.4. The State of New Hampshire will cooperate with the suppliers to obtain load profiles, from the LDC, on the accounts listed in Attachment 2. CEPS must submit Interval Data Requests to the Department of Administrative Services for signature and approval. It is then the responsibility of the CEPS to forward the request to the LDC. All costs incurred for the request of interval data are the responsibility of the CEPS. DAS will not pay any costs associated with these requests.

https://www.das.nh.gov/accounting/reports.aspx

15.1.5. If an award is made, the selected CEPS will be notified by the State’s lock-in deadline. A contract will be transmitted via fax or email, signed by the appropriate State and CEPS parties. A final contract with original signatures will be submitted to the State within three business days of the contract award. Note that pricing is applicable for the lock-in date only.

15.2. CONTRACTOR POINT OF CONTACT:

15.2.1. The Contractor shall assign a Contractor Point of Contact. The Contractor’s selection of the Contractor

Point of Contact shall be subject to the prior written approval of the State. The State’s approval process may include, without limitation, review of the proposed Contractor Point of Contact resume, qualifications, references, and an interview. The State may require removal or reassignment of this Contractor Point of Contact who, in the sole judgment of the State, is unacceptable to the State or is not performing to the State’s satisfaction.

15.2.2. The Contractor Point of Contact shall have full authority to make binding decisions under this Contract and shall function as the Contractor’s representative for administrative and management matters. The Contractor Point of Contact shall be available to promptly respond to inquiries from the State during Normal Business Hours. The Contractor Point of Contact shall work diligently and use his/her best efforts on the Contract. The Contractor Point of Contact shall be qualified to perform the obligations required of the position under this Contract.

15.2.3. The Contractor shall not change its assignment of this Contractor Point of Contact without providing the State with written notice. The replacement Contractor Point of Contract shall have comparable or greater skills that the Contractor Point of Contact replaced and meet the requirements of this Contract.

15.3. SUBCONTRACTORS (SOLUTION):

15.3.1. Any Contract resulting from this RFB shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by the State.

15.3.2. If subcontractors are to be used, the Contractor must clearly explain their participation.

15.3.3. If subcontractors are to be used, please include information regarding the proposed subcontractors including the name of the company, their address, contact person and three references for clients they are currently servicing.

15.3.4. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job.

15.3.5. Subcontractors must abide by all terms and conditions under any resultant contract.

16. RESTRICTION OF CONTACT WITH STATE EMPLOYEES

16.1. From the date of release of this RFB until an award is made and announced regarding the selection of a Bidder, all communication with personnel employed by or under contract with the State regarding this RFB is forbidden unless first approved by the RFB Points of Contact listed in the Proposal Inquiries section, herein.

State employees have been directed not to hold conferences and/or discussions concerning this RFB with any vendor during the selection process, unless otherwise authorized by the RFB Points of Contact.

17. PHASE 1 – QUALIFICATION STATEMENT SUBMISSIONS

17.1. It is the intent of the State of New Hampshire to expedite the review process and allow a timely review of the actual offers made in Phase 2 of this RFB. Therefore, the following sections and content must be included within the Phase 1 submittal package. All Phase 1 documents must be signed at the time of submittal. Failure to sign documents prior to the Phase 2 deadline will result in disqualification.

17.2. The following documents are required for Phase 1:

17.2.1. Cover Page: entitled Firm Electricity Supply Services in Response to RFB 3152-27.

17.2.2. Signed Transmittal Letter

17.2.3. Attach General Provisions

17.2.4. Attach Additional Provisions

17.2.5. Table of Contents

17.2.6. Section I – General Information

17.2.6.1. Company Profile & Contact Information

17.2.6.1.1. This section must include the legal name and address of the CEPS as well as any trade names under which it intends to operate. It must include all appropriate website addresses, telephone numbers, facsimile number, and email addresses.

Furthermore, it should include the names, titles, and contact information of the principal officers; as well as the local point of contact (independent agents/brokers are unacceptable).

17.2.6.1.2. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee:

https://DAS.NH.Gov/Purchasing).

17.2.6.1.3. NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/.

17.2.6.1.4. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non- Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work.

17.2.6.1.5. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death, or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers’ compensation insurance to the extent required by RSA Chapter 281-A.

17.2.6.1.6. New Hampshire PUC Registration: Prior to supplying a proposal under this RFP, the vendor must be duly registered and authorized as a “Competitive Electric Power Supplier” (CEPS) with the NH Public Utilities Commission. The selected supplier must remain registered with the PUC through the duration of this contract. All proposals must include documentation of satisfying the requirements set forth by this agency. Due to the assignment provisions listed in the State’s terms and conditions, any qualification statements received from aggregators/brokers will be rejected. The proper forms and information can be found at:

http://www.puc.nh.gov/Regulatory/Rules/PUC3000.pdf

17.2.6.1.7. Certificate of Authority: A Corporate Resolution or Certificate of Authority. (This evidence of authority must include a corporate seal or be notarized and must be dated 30 calendar days from when the signor signs the Form P-37 Contract). Corporate Resolution or Certificate of Authority

17.2.6.2. Financial Ranking

17.2.6.2.1. Documentation from Fitch Ratings, Standard & Poor’s, Morgan Stanley, Capital

International, or equivalent rating system stating financial ranking must be provided.

17.2.6.3. Company and Staff Qualifications

17.2.6.3.1. Documentation that the CEPS has a minimum of five (5) years of experience in providing electrical supply services to government customers. Administrative and technical staff shall be of sufficient size and knowledge base to support the State https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ http://www.puc.nh.gov/Regulatory/Rules/PUC3000.pdf in its initiatives. In order to demonstrate market experience and breadth, identify other product offering or tools from your company within the response.

17.2.6.4. References

17.2.6.4.1. Please provide a minimum of three references of past customers (within the last year) including company name and address, contact name and phone number, and the service supplied to that company (similar service to that requested through this

RFP).

17.2.7. Section II – Quality of Service

17.2.7.1. Statement of Generation Sources & Fuel Types

17.2.7.1.1. Where practical, all responding CEPS shall identify the location of the generating plants prepared to satisfy the required load stated herein, and what generation sources they use.

17.2.7.2. New Hampshire Environmental Disclosure Label

17.2.7.2.1. The CEPS shall submit information on the power sources and air emissions associated with its electric supply

17.2.7.3. Customer Complaints Disclosure

17.2.7.3.1. A listing disclosing any and all customer complaints filed with any state consumer protection agency, attorney general and/or licensing bureau, etc.

shall be included in the proposal.

17.2.8. Section III – Reliability of Service

17.2.8.1. Documentation Meeting the Requirements of NEPOOL & ISO-NE

17.2.8.1.1. CEPS satisfying the abovementioned registration requirements must also meet all current requirements of NEPOOL, ISO New England, and the Local Distribution Company (LDC). Suppliers are also required to provide documentation of their ability to provide firm power to these accounts including system reserves for each account.

17.2.8.2. Documentation Meeting the Requirements of the LDC

17.2.8.2.1. Please provide documentation listing all physical assets (if any) or agreements that will supply electricity should the plants listed above fail to support the State’s energy needs.

17.2.8.3. Contractor Point of Contact

17.2.8.3.1. Please provide information on the Contractor Point of Contact as described in this RFP. At a minimum, please provide name, title, phone and fax numbers, and email and mailing addresses. Supporting documentation showing that the Point of Contact meets the requirements stated earlier in this RFP should also be included.

17.2.9. Section IV – Coordination of Service

17.2.9.1. Electronic Transfers Documentation

17.2.9.1.1. Please provide certification of Electronic Data Interchange (EDI) testing completion from each LDC.

17.2.9.2. Sample of the Supplier’s Customer Base

17.2.9.2.1. This sample should include customers who have electrical needs similar to the

State’s load listed in this RFP; specifically, the State would like to see experience with customers with a large number of individual electric accounts.

17.2.10. Signed copies of all addenda.

18. PHASE 2 – PRICING SUBMISSIONS:

Bidder Initials_______

Date___________

18.1. Upon receipt of Phase 1 submissions, items will be verified against the bid requirements for Phase 1 and that all documents are correct and bid requirements are satisfied. Once Phase 1 submissions are complete, CEPS will be notified of their eligibility for Phase 2.

18.2. Approved CEPS must submit all their price quotes on the offer sheet provided in the form of Attachment 1.

18.3. All pricing information must be submitted by the bid closing date and time. The State will lock-in pricing within three hours of the bid closing. Bids will only be considered on the date that they are received. Once a price quote for the account is accepted and awarded, no further quotes for that account will be considered. Note that pricing is applicable for lock-in date only.

18.4. This RFB and corresponding pricing events are the only venues by which the State will accept pricing and award contracts. Alternate bids are not permitted. All prices submitted shall be in accordance with the provisions of this RFB.

18.5. Each bid submitted by a CEPS shall constitute an offer to supply in accordance with this RFP. The State reserves the right to reject any and all quotes received if it is determined that it is in the best interest of the State.

18.6. Account Groups for this procurement are defined below. The price quote offered must be the same for every account included in each pricing group.

18.6.1. Account Group 1 – Unitil (NH) Accounts:

18.6.1.1. Term: Twelve (12), Twenty-four (24), or Thirty-six (36) months

18.6.2. Account Group 2 – New Hampshire/Eversource Group 1 Accounts:

18.6.2.1. Term: Twelve (12), Twenty-four (24), or Thirty-six (36) months

18.6.3. Account Group 3 – Liberty Utility NH Accounts:

18.6.3.1. Term: Twelve (12), Twenty-four (24), or Thirty-six (36) months

18.6.4. Account Group 4 – New Hampshire/Eversource Group 2 (Cannon Mountain) Accounts:

18.6.4.1. Term: Twelve (12), Twenty-four (24), or Thirty-six (36) months

18.7. Additional Price Quote Information for CEPS is provided in this section. The submitted price quotes must remain constant for the full contract term for each pricing option, except due to a change in law. Price component tables for each pricing option is provided below.

18.8. The quantities and figures shown in Attachment 1 are estimated load requirements at the facility’s meter and are based upon the best information available to the State. The load information submitted is intended as an estimate of the magnitude and nature of the loads during a specified time period. Such estimates are being furnished for information purposes, and for computation of price quotes. Since it is impossible to determine the precise quantities that will be needed during the contract term, the CEP whose price quote is accepted shall be obligated to furnish electricity sufficient to meet each facility's full electric requirements during the term of this contract.

18.9. Pricing Option 1 – Firm-Fixed Price is the supply of electricity to be provided to each account under Pricing Option 1 shall be one hundred percent (100%) usage, full requirements, firm fixed price. Price quotes shall include but are not limited to energy, applicable capacity, ancillary costs, congestion, losses, and renewable portfolio standard (RPS). The Pricing Option 1 product specification is provided in the table below.

Component Name Treated As: In Price Quote? Comments

Energy Costs Fixed Yes

Ancillary Services & ISO Costs

Fixed

Yes

Including but not limited to OATT Tariff, Operating Reserves, ISO Administrative Fees, Public Service Commission and/or Public Utility Commission fees.

Transmission Loss Credits (TLCs)

Fixed Yes

Auction Revenue Rights (ARRs) Fixed Yes

Reliability Must Run (RMR) Fixed Yes

Scheduling Fixed Yes

Balancing and Congestion Costs Fixed Yes

Renewable Portfolio Standards (RPS) Fixed Yes The costs associated with complying with the applicable State RPS for all contract years.

Alternate Energy Portfolio Standard (AEPS) Fixed Yes

Capacity Costs (ICAP) Fixed Yes This also includes Capacity Performance resources.

Line Losses Fixed Yes

FERC Order 745 Compliance Costs

Fixed Yes

Fuel Security Costs

Fixed

Including but not limited to Mystic Cost of Service, Inventoried Energy Program Energy Security Improvements.

Interim Winter Solution/Program Fixed Yes

Locational Forward Reserves

(LFR)

Fixed Yes

Locational Price Differentials Fixed Yes

Regional Transmission Rights Fixed Yes

Financial Transmission Rights (FTRs) Fixed Yes

Fuel Costs Fixed Yes

Marginal Loss Credits (MLCs) Fixed Yes

Other Terms & Conditions

Taxes Pass-through at cost No Customer is tax exempt and will provide a certificate to the contract awardee

Component Name Treated As: In Price Quote? Comments

Minimum Consumption Bandwidth (+ or – 25%) N/A For all electricity consumed.

Billing Type Single N/A Supplier shall invoice through monthly utility bills rendered by the LDC.

Change in Law Pass-through at cost N/A

Account Add / Delete Provision

5% / 5%

See RFP Section ADDING OR DELETING FACILITIES TO THIS CONTRACT for additional information.

19. ADDING OR DELETING FACILITIES TO THIS CONTRACT:

19.1. Due to the nature of the business conducted by the State, there will likely be small accounts that will need to be added and/or deleted during the term of the contract. The threshold for “Small Accounts” is 5% or less than the total annual contracted volume contracted (i.e., if total contracted volume is 10,000,000 kWh, a small account would be defined as 500,000 kWh). Any account determined to meet the 5% Small Account threshold may be deleted without penalty. Any account determined to meet the 5% Small Account threshold may be added at the existing contracted price for the remaining duration of the agreement. The State’s intent is that this threshold be applied consistent with the contract definition of total contracted volume and not on an unlimited per-account basis. Additionally, the 5% Small Account threshold applies on an aggregate basis to total contracted volume for both additions and deletions.

20. CHANGES IN TARIFF OR LAW:

20.1. If any existing laws or tariffs are revised, or if any new laws or tariffs are enacted that effect electricity rates, the Vendor shall have the right to pass on the cost increase to the State without any additional mark

up. Such additional amounts will be included in subsequent invoices to the State. Any decreases shall be passed onto the State. The State shall be notified in writing 30 days prior to any fee changes.

21. EVALUATION CRITERIA

21.1. The following items will comprise the criteria considered by the State when evaluating each CEPS’ qualifications:

21.1.1. Completion and submission of all required documents and forms

21.1.2. Licensing and Certification

21.1.3. Qualification Statement Section I – General Information

21.1.4. Qualification Statement Section II – Quality of Service

21.1.5. Qualification Statement Section III – Reliability of Service

21.1.6. Qualification Statement Section IV – Coordination of Service Financial Condition

21.2. The order of these factors does not generally denote relative importance. The State reserves the right to consider other relevant factors as it deems appropriate in order to obtain a “best value” provider of electricity supply. The State may or may not seek additional information from vendors prior to making selection.

21.3. CEPS that have been qualified in Phase 1 will be invited to participate in the Phase 2 – Price Submission portion of this procurement. Award will be made to the qualified bidder receiving the highest total score based on the Phase 1 criteria and the lowest cost per kWh in Phase 2 criteria for established account groupings and products as determined to be in the best interest of the State.

22. SELECTION PROCESS:

22.1. The State of New Hampshire, Division of Purchase & Property will evaluate suppliers meeting or exceeding the certification and qualification criteria listed above.

22.2. Per New Hampshire Statute RSA 21-I: 17-b, the assessment of an electrical power competitive bid must be evaluated on three distinct criteria in addition to price. The criteria are: Quality of Service, Reliability of Service, and Coordination of Service. The responding CEPS must include information pertinent to these issues (as stated above) in Phase 1 submittals.

22.3. Furthermore, a completed and signed copy of the Transmittal Letter must be included in the Phase 1 submittal.

All Addendums must be signed and submitted. The final document, Appendix A – Schedule of Rates, must be received as the Phase 2 submittal in order to fully evaluate the pricing structure. A selection committee consisting of the Deputy Administrator of the Plant & Property Division, the designated Purchasing Agent, and the State Energy Manager will rate responses using the point system below.

QUALIFICATION STATEMENTS – AWARD CRITERIA (Phase 1)

Quality of Service

0-15 points

Reliability of Service

0-15 points

Coordination of Service

0-15 points

PROPOSAL CHARACTERISTICS POINT STRUCTURE DETAILS

15 points – Outstanding

The proposal is satisfactory in all aspects and contains many significant desirable characteristics beyond the satisfactory level.

12 points – Above Average

The proposal is satisfactory in all aspects and contains one or more significant desirable characteristics beyond the satisfactory level.

9 points – Average

The proposal is satisfactory in all aspects.

3 points – Below Average

The proposal is deficient in several characteristics.

POWER SUPPLY OFFER – AWARD CRITERIA (Phase 2)

Unit Price ($/kWh) 10-55 points

See formula below.

Results of the evaluation of the Qualification Statements and Power Supply Offers will become public record only after an award of contract.

22.4. The evaluation team will select a Bidder based upon the criteria and standards contained in this RFP and from applying the weighting in this section. Technical scoring will be based off of consensus scoring.

22.5. The financial scoring will be based on the prices submitted during Phase II - Price Submission. The selected lowest cost proposal will receive all 55 points allocated for the financial score. Financial scores for all other proposals will be calculated using the following equation (scores will be rounded to the nearest whole number):

22.5.1. Lowest overall Bidder cost / bidder cost X 55 = Points Assessed Example:

Bidder A Total Cost is $25,000.00 Bidder B Total Cost is $27,500.00 Bidder A: $25,000 / $25,000 X 55 = 55 Points Assessed to Bidder A Bidder B: $25,000 / $27,500 X 55 = 50 Points Assessed to Bidder B

23. CONTRACT INVOICING:

23.1. Billing by the CEPS will be done through the existing LDC billing method. Billed through the LDC, the

CEPS shall be responsible for any cost incurred in the LDC billing statement to avoid late charges imposed in accordance with the LDC’s rules. Any statement shall be final unless adjusted or questioned by either party within one year of the issuance of the invoice. Invoices are subject to adjustment or review by either party within one (1) year of issuance. The State acknowledges that utility re-reads and rebills may occur; however, any resulting charges must align with LDC billing practices and are subject to State review and verification. Payment is not automatic and remains subject to validation.

23.2. The State recognizes that, under utility consolidated billing, the LDC may collect payments and remit supplier charges in accordance with its standard processes. However, the State does not make representations regarding specific LDC remittance or refund procedures. Any billing adjustments or refunds are subject to applicable LDC practices and remain subject to State review and verification.

24. RFB ADDENDUM

24.1. The State reserves the right to amend this RFB at its discretion, prior to the Proposal submission deadline.

In the event of an addendum to this RFP, the State, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate.

25. NON-COLLUSION

25.1. The Bidder’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and Work quoted have been established without collusion with other Contractors and without effort to preclude the State from obtaining the best possible competitive Proposal.

26. PUBLIC DISCLOSURE

26.1. Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37.

26.2. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91- A:5, IV. Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner:

26.3. If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal.

Marking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State.

26.4. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential.

26.5. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released;

and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

27. NON-COMMITMENT

27.1. Notwithstanding any other provision of this RFP, this RFP does not commit the Bureau of Purchase and

Property to award a Contract. The State reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

28. ETHICAL REQUIREMENTS

28.1. From the time this RFB is published until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. Any bidder that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any bidder who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFP, or similar request for submission and every such bidder shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A bidder that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the department of administrative services, which shall note that information on the list maintained on the state’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

29. NON-EXCLUSIVE CONTRACT

29.1. Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

30. STANDARD CONTRACT TERMS

30.1. The State will require the successful bidder to execute a Not to Exceed Contract using the Standard Terms and Conditions of the State of New Hampshire which is attached as Appendix A.

30.2. The State may consider modifications of this form during negotiations. To the extent that a Bidder believes that exceptions to the standard form contract will be necessary for the vendor to enter into the Agreement, the Bidder should note those issues during the Bidder inquiry period. The State will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. If the State accepts a Bidder’s exception the State will, at the conclusion of the inquiry period, provide notice to all potential bidders of the change to the P-37 and indicate that change is available to all potential bidders.

30.3. Any exceptions to the standard form contract that are not raised during the vendor inquiry period are waived. In no event is a Bidder to submit its own standard contract terms and conditions as a replacement for the State’s terms in response to this solicitation.

31.