ELECTRIC SUPPLY 2026.pdf

Town of Ramapo Mona Montal, Director of Purchasing 237 Route 59 Suffern, New York 10901

RFB-TOR-30-2026

RFB Shell v.0314

ELECTRIC SUPPLY

Bid Date: Tuesday, September 29, 2026 Bid Time: 11:30 a.m.

Bid Address: Town of Ramapo Purchasing Department 237 Rte. 59 Suffern, New York 10901

237 Route 59 Suffern, New York 10901

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

INSURANCE REQUIREMENTS

BONDING REQUIREMENTS

SCOPE AND SPECIFICATIONS

ADDITIONAL INFORMATION, INTERVIEW & SITE VISITS

BASIS OF AWARD

BIDDER’S CHECKLIST

BID FORM

NON-COLLUSION CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

IRAN DIVESTMENT ACT CERTIFICATION

QUESTIONS

INFORMATION SHEET

NON-BIDDER’S RESPONSE

APPENDIX

ATTACHMENT A

SUPPLIER FORMS

237 Route 59 Suffern, New York 10901

NOTICE TO BIDDERS

Bids for RFB-TOR-30-2026 ELECTRIC SUPPLY will be received by the Town Clerk’s Office, located at 237 Route 59, Suffern, New York 10901, up to September 29, 2026 at 11:30 a.m., prevailing time, when they shall be opened and read aloud.

Copies of the Request for Bids may be obtained by visiting our website at www.ramapo-ny.gov.

The following Town will be included in this RFB.

Town of Ramapo 237 Route 59

September 9, 2026 Mona Montal, Director of Purchasing

With respect to the insurance for which the Town of Ramapo is designated as an additional insured, this insurance will be primary to the Town of Ramapo.

237 Route 59 Suffern, New York 10901

INSTRUCTIONS TO BIDDERS

The only source of official distribution is through the Town of Ramapo Clerk. Additionally, most RFB documents issued by the Purchasing Department are now being distributed through BidNet. If you have obtained this RFB from a source other than directly from the Town or through BidNet, you are encouraged to contact the Purchasing Department to receive an official copy.

By submitting a bid, you are asking the Town to accept your offer for the sale of goods and/or services. It is important that you READ and UNDERSTAND all terms and conditions contained in this RFB as well as understand the laws that govern Public Contracts in New York State. If you do not agree with the terms and conditions contained in this RFB you should not submit a bid.

Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the Town and a Bidder during the procurement process. A Bidder is restricted from contacting other than designated staff from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the Town Supervisor ("restricted period") unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a).

Town employees are required to obtain certain information when contacted during the restricted period.

The designated staff contact is the Director of Purchasing or her representative, telephone (845) 357-5100.

Bidders responding to this RFB must familiarize themselves with these State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Bid Form.

Pursuant to New York’s Freedom of Information Law (“FOIL”) (Public Officers Law, Article 6, Section 84-

90) all government records are presumptively open for public inspection unless specifically exempted from disclosure as provided therein. Bidders who have a good faith belief that information contained in their proposals is exempted from disclosure under FOIL must, at the time of their submission, request the ex-emption in writing, setting forth the basis for the claimed exemption. In addition, the bidder must mark each page of its submission claimed to be exempt from disclosure under FOIL with the following legend:

“THE BIDDER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER

THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither the bidder’s classification of materials as exempt under FOIL, nor the Town’s acceptance of bidder’s proposal with the claimed exemp-tions, should be considered a final determination as to whether the designated materials are subject to disclosure under FOIL. Any and all determinations as to the propriety of claimed exemptions will be made in accordance with applicable law.

Your bid will be considered by the Town if the following conditions are met:

1. Applicable Not Applicable

A pre-proposal conference and site visit will not be held.

237 Route 59 Suffern, New York 10901

2. Unless otherwise specified, all bids shall be made upon forms furnished in this RFB, if any and as may be modified by addenda, contained in sealed envelopes clearly marked on the outside packaging:

ELECTRIC SUPPLY RFB-TOR-30-2026

Clerk’s Office/ Purchasing Department 237 Rte. 59 Suffern, New York 10901 and received up to September 29, 2026 at 11:30 a.m., prevailing time.

If NOT sending your bid via U.S. Mail (using FedEx, UPS, etc. instead) please use the following address:

Town of Ramapo Mona Montal, Director of Purchasing Purchasing Department 237 Rte. 59

It is the Bidder’s responsibility to clearly mark the outside of their mailing envelopes. Faxed/E-mailed bids are not permitted. NO LATE BIDS WILL BE ACCEPTED - NO EXCEPTIONS!

3. Two (2) sets of all bids shall be submitted, ONE SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES, including completed copies of any forms or certifications required in this RFB. Forms, if any, issued in this RFB shall be filled in ink or by typing, on the original form, if included in this RFB. Failure to respond to a RFB on any official form(s) included in this RFB may result in disqualification of a bid as non-responsive. No bid form will be accepted which contains any additions, omissions or erasures. Each bid shall be properly executed and signed by the Bidder. Illegible, conditional bids and unsigned bids will be rejected as non-responsive.

4. The prices submitted shall be exclusive of federal and state taxes and must not include any tax for which the Bidder may claim exemption because of doing business with the Town. Prices shall be net, including transportation and delivery charges fully prepaid by the successful Bidder/Consultant to the destination indicated in the bid. At no time shall any change to price and product specification be permitted, except when there is a Change in Law or Regulations (See Definitions in Specifications).

5. The proposed scope and specifications are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the Town can ascertain at the time of issuance of this RFB.

When quantities are listed, the Town has listed these either based upon a history of usage over a previous period or anticipated need. The Town in no way guarantees that the actual quantities listed will be ordered, although every attempt is made to provide accurate information. When quantities are listed, the Bidder should understand that the actual quantities may be more or less, depending on the actual needs of the Town. The Bidder shall include in their price full plant requirements all of the Town' accounts.

6. Permission will not be given to modify, or explain any bid after it has been opened, unless clearly specified in this document (e.g. interviews). Permission to withdraw a bid prior to bid opening will be at the discretion of the Town and no replacement bid may be submitted. Opened bids may not be withdrawn until forty-five (45) days after opening.

237 Route 59 Suffern, New York 10901

7. Basis of Award provisions vary with each RFB, please read that section carefully. Some RFBs may be awarded to more than one entity. The Director of Purchasing reserves the right to waive any informality, reject any and all bids, or, if noted in the Basis of Award section of this RFB, accept any bid in whole or in part, if deemed to be in the best interest of the Town.

8. Any award shall be subject to the execution of a contract (and, if applicable, license or other agreements) between the Bidder and the Town. The Town’ contract obligation is contingent upon execution of the contract between the Town and selected Bidder/Consultant. No legal liability on the part of the Town for payment of any money shall arise unless and until a contract is executed by both parties, funds are appropriated and made available in each year of the term of the contract and all performance requirements for each payment are met. The Town shall have no responsibility or liability for any Bidder's costs related to preparation of bids, attendance at interviews, etc.; all such costs are solely at Bidder's risk and expense.

9. Bidder's proposed supply contract which may be subject to negotiation with the Town. If an agreement cannot be reached within 10 business days of the notice of award, negotiating Bidder may be declared non-responsive and Town may award to the next lowest responsive and responsible Bidder and commence the same negotiation process. All terms and conditions of this RFB must be incorporated by reference into any supply contract.

In preparing your proposed supply contract, please note the following concerns regarding certain terms and conditions:

a. The Town will not agree to unilateral indemnification.

b. The Town will not agree to a provision that requires a contract to be governed by the laws of a state other than New York. Venue will be in Orange County, New York or, if appropriate, in the Federal District Court with venue in the Southern District of New York, White Plains division.

c. Contracts are executory.

d. The Town is subject to the New York State Freedom of Information Law and thus cannot agree to protect confidential information from public disclosure unless that information is subject to an exception.

e. The Town cannot agree to modifications that impact the price of the contract without requir-ing the modification to be submitted to the Town Supervisor for approval in writing, except when the price change is pursuant to an exception to this requirement as set forth in the definition of a "Change in Law or Regulation” in Section I of the Specifications to this RFB.

f. The Town will not agree to a contract provision that restricts the Town from obtaining similar goods or services after the contract expires or is terminated for any reason.

g. The Town is tax-exempt and will not agree to pay any inapplicable State or Federal taxes.

h. The Town will not agree to arbitration or to waive the right to a jury trial.

i. The Town will not agree to a provision which states that documents to be provided at a future date (e.g. equipment schedules, purchase orders, etc.) are validly executed.

10. If a Bidder/Consultant fails to perform or otherwise breaches the contract under this RFB, in addition to any other rights and remedies the Town may have, Bidder/Consultant may be listed as non-responsible and may be ineligible for future proposal or bid awards.

237 Route 59 Suffern, New York 10901

11. If Bid Security is required by this RFB it must be included in the bid. If Performance and/or Payment Bonds are required by this RFB, bids must include a letter from Bidder's bank or surety stating that the required letter of credit or bond(s) will be provided in the event of a contract. The letter of credit or bond(s) shall be provided for each year or relevant portion of the contract, as may be applicable.

12. A Non-Collusion Certification is included in this RFB. Bidders must complete and submit a signed original and the applicable number of copies with their bid.

13. A Disclosure of Non-Responsibility Determination is included in this RFB. Bidders must complete and submit a signed original and the applicable number of copies with their bid.

14. An Iran Divestment Act Certification is included in this RFB. Bidders must complete and submit a signed original and the applicable number of copies with their bid.

15. Supplier Forms are included in this RFB. Bidders that have not received a purchase order in the last twelve (12) months from the Town must submit completed signed Supplier Forms prior to execution of a contract by the Town.

16. Bidders must be properly registered to do business in the State of New York and furnish applicable certificates of authority/incorporation/partnership/dba, etc. with their bid.

17. If a deposit was required to obtain this RFB and related documents, the price of one full set of documents returned in good condition within thirty (30) days after Notice of Award shall be refunded.

Refunds for all other copies in good condition shall be less the actual cost of reproduction per set.

18. Bidders are responsible for reporting in writing any errors, omissions or ambiguities found in this RFB.

All such reports, requests for information, questions, etc. shall be on the "Questions Form" provided in this RFB and either faxed to the Purchasing Department at (845) 357-7209, emailed to montalm@ramapo.org or mailed to Mona Montal, Direct of Purchasing, Purchasing Department, 237 Rte 59, Suffern, New York 10901

No questions will be entertained by any other means. All questions must be submitted by Tuesday, September 22, 2026 by 4:00 p.m., prevailing time. Questions received after this time may not be addressed. Please be patient, questions will be answered in an Addendum/Addenda to be shared with all interested Bidders. Questions will not be responded to individually.

19. Altering bid specifications to suit your pricing, packaging, manufacturing requirements etc. in any form shall deem your submission as non-responsive as per instruction #3. If clarification is required on any aspect of the bid document, it is necessary to submit questions to the Department of General Services as set forth above.

20. The Town encourages Minority and Women Owned Business Enterprises (MWBE) as certified by the State of New York to participate in the competitive bidding process.

21. Bidder shall supply a current MSDS with each product shipment, when applicable.

237 Route 59 Suffern, New York 10901

INSURANCE REQUIREMENTS

There are no insurance requirements for this contract.

BONDING REQUIREMENTS

There are no Bonds required for this contract.

SCOPE

The Town of Ramapo is issuing this Request for Bid (RFB) for electric supply to Energy Service Companies (Bidder) and qualified electric suppliers (Bidder) that will provide firm retail electric supply to the various facilities listed in this RFB and as added or deleted by the Town during the term of the contract. All account services under any contract awarded shall be in the Orange & Rockland Utilities (O&R) service territory.

The electric bid is requesting one combined price for all facilities.

Town of Ramapo 237 Route 59

237 Route 59 Suffern, New York 10901

SPECIFICATIONS

I. Definitions

Bidder shall mean the ESCO(s) and/or Supplier(s) entering into a fully executed contract under this RFB.

Billing Unit shall mean the billing measurement of the Local Distribution Company (LDC), to be used by the awarded ESCO, and shall be stated in kWh or its equivalent.

Change in Law or Regulations shall mean if regulatory changes shift costs from the Host Utility or ISO to Bidder or from Bidder to the Host Utility or ISO, then such costs or credits may be passed through to the Town upon written amendment executed by the Town. If any laws, orders, decisions, regulations or rules are passed, modified, interpreted or implemented by judicial or regulatory order, administrative proceeding or legislative enactment, or there is any change in any rate or rate class as to Town’ facilities, which creates additional costs not currently included in the Price or increases in the cost components of the Price (the "Incremental Charge"), then the Bidder may pass through such Incremental Charges to be paid by the Town in addition to the Price and in accordance with the payment terms in the contract upon written amendment executed by the Town. Written amendment shall not be required upon Bidder's production of a law, regulation or judicial order making payment by Bidder mandatory.

Clean Energy Standard (CES): approved in August 2016 by the New York Public Service Commission and backed by Gov. Andrew Cuomo, mandates that 50 percent of the electricity used in the State be generated by renewable sources by 2030. New charges implemented because of this mandate are the zero emissions credit (ZEC) and renewable energy standard (RES).

Day shall mean the period of twenty-four (24) consecutive hours beginning at 8:00 AM Eastern Standard Time (EST) on each calendar day and ending at 8:00 AM EST on the following calendar day. A month or year shall being at 8:00 AM EST on the first calendar day of each month or year and end at 8:00 AM EST on the first calendar of the next month or year. Daylight Savings Time (DST) shall be applicable in lieu of EST during the period DST is in effect.

Electricity Supply Service (ESS) shall mean the furnishing of the electricity required to meet the needs of the Town, exclusive of the transmission, distribution and delivery service provided by the LDC.

Energy Service Company (ESCO) shall mean any non-utility entity that can perform energy and customer service functions in a competitive environment including provision of ESS and the assistance in the effi-ciency of its use. An ESCO must be deemed eligible by the New York State Department of Public Service and accepted by the LDC to be eligible to provide ESS and associated customer service functions under the Retail Access Program via the LDC transmission and distribution system.

Town shall mean, Town of Ramapo.

Firm shall mean that the ESCO or Supplier agrees to provide the Town with the contracted quantity and quality of electricity supply service to the LDC's Retail Distribution Receipt Point subject to no interruptions except Force Majeure.

Force Majeure shall mean any cause, existing or future, which is beyond the control of such party, and which by that party’s exercise of due diligence and foresight, could not reasonably have been avoided, except for the obligation to pay monies due. Any party which is unable to perform its obligations hereunder

237 Route 59 Suffern, New York 10901 as a result of a Force Majeure event shall provide reasonable written notice to the other party of the exist-ence of such event and exercise due diligence to remove such event with all reasonable dispatch, but shall in no event be required to incur any commercially unreasonable expense in doing so. Neither party shall be considered in default in the performance of its obligations to the extent that performance of any such obligation is prevented and/or delayed by Force Majeure. Upon removal of the cause of the Force Majeure, the party(ties) affected shall resume its/their performance as soon as reasonably possible.

Bidder’s financial inability to perform shall not be deemed to be an event of Force Majeure regardless of the source causing such financial inability.

It is expressly understood by the parties that the ability of the Bidder to sell the products and services provided hereunder at a price greater than the price paid by the Town shall not constitute an event of Force Majeure. Conversely, the ability of the Town to purchase the products and services provided hereunder for an amount less than the price shall not constitute an event of Force Majeure.

Kilowatt (kW) shall mean the electrical measurement unit equal to 1,000 watts.

Kilowatt-Hour (kWh) shall mean the electrical measurement unit equal to the energy transferred or ex-pended in one hour by one kilowatt of power.

Load Balancing shall mean the process of reconciling differences that occur between the amount of elec-tricity delivered at the Retail Delivery Receipt Point by an ESCO or Supplier and the amount of electricity delivered to the Town, adjusted for Transmission and Distribution Company losses in distribution.

Load Factor shall mean the numerical result of the following formula:

(kWh/peak kW) * hours per billing period

Load Factor is the ratio of the actual energy consumed during a given time period to the consumption that would have occurred had it been fully sustained at the peak demand level; it is also a measurement of energy efficiency that describes the relationship between user electric consumption and user operating requirements.

Local Distribution Company (LDC) shall mean Orange and Rockland Utilities and Central Hudson Gas & Electric, as applicable to the service territory.

Mega Watt-Hour shall mean 1,000 kWh.

Retail Access Program shall mean the firm transmission, distribution and delivery by the LDC to the Town Delivery Point of Electricity Supply Service furnished by an ESCO or Supplier on the Town’ behalf pursuant to applicable tariffs filed with the Federal Energy Regulatory Commission.

Retail Distribution Receipt Point (RDRP) shall mean the point(s) of receipt of electricity into the Trans-mission and Distribution Company’s distribution system.

Retail Delivery Point (RDP) shall mean the point where the Transmission and Distribution Company’s retail distribution system connects to the service entrance on the premises of the Town facilities and ac-counts as listed on Attachment A.

237 Route 59 Suffern, New York 10901

Renewable Energy Standard (RES) shall mean a clean energy standard charge that calls for power providers to purchase renewable energy credits (REC) from renewal energy sources for their retail cus-tomers. If a provider cannot demonstrate they are meeting this obligation through the possession of RECs, they may make alternative compliance payments (ACPS). This charge began, January 2017.

TOTS shall mean

Town shall mean Town of Ramapo

UCB shall mean utility combined billing.

Watt shall mean a unit of electric power equal to the power produced in a circuit when a pressure of one volt caused a current of one ampere to flow.

237 Route 59 Suffern, New York 10901

Zero Emissions Credit (ZEC) shall mean a clean energy standard charge that will be used to support three Upstate nuclear plants’ financial viability and will be made to each based on total output. The New York Research and Development Energy Authority (NYSERDA) will offer long-term contracts to Fitzpatrick, Ginna and another economically distressed nuclear facility, Nine Mile Point, that will be paid for via ZECs.

This charge will collect, from all utility consumers in New York State, as much as $7.6 billion over 12 years.

This charge began: April 2017

II. Energy Consultant of Record

A. The Town has named M&R Energy Resources Corp. (M&R Energy), P.O. Box 4091, New Wind-sor NY 12553 as its Energy Consultant of Record (Consultant) to assist the Town in the solicitation and contracting process for firm electric supply.

Consultant Contact information:

Name: Melissa Cobuzzi Phone: 845-764-0869 E-Mail: mmassimi@mandrenergy.com

II Account and Consumption Data

A. The Town’ locations, Local Distribution Company (LDC) and utility account numbers are provided in Attachment A.

B. The gathering of the monthly usage data for all accounts in Attachment A will be the responsibility of the ESCO or Supplier prior to the bid.

C. The consumption data gathered by the bidder is only indicative and is not a guarantee of minimum or maximum purchased volumes. Actual consumption will vary based upon weather conditions and facility operating schedules.

D. The Town’ reserve the right to add or remove locations and accounts to or from each LDC territory, at the sole discretion of the Town, at the same or similar rates and with all the same or similar terms and conditions of the contract awarded under this RFB. A formally executed written amendment to the Agreement shall be executed by both parties for addition or removal of locations or accounts. For additions or removals that do not impact the swing, the amendment shall consist solely of a list of the accounts to be removed or added with no other terms and conditions, all terms and conditions of the original agreement to remain the same. For addition or removal of accounts impacting the swing, updated pricing terms may be added in addition to the list of accounts.

mailto:mmassimi@mandrenergy.com

237 Route 59 Suffern, New York 10901

IV. Commencement Date & Supply Term

A. Bids are requested for 12, 18, 23 and 35-month supply terms and the Town may award a contract for any term, at its discretion, to the lowest responsive and responsible Bidder.

B. Supply for all electric accounts will start on or about _December 2026__ meter read date ("MRD").

The MRD of _December 2026_ is an approximate start date. The exact date will be determined by each account's MRD by the LDC.

C. It is solely the responsibility of the Bidder to submit enrollment notices to the LDC's in order to meet the enrollment deadlines for the contracted supply start date.

D. The following table lists the specific supply terms, including commencement date and end date.

Electric Service Term Commencement Date Termination Date Term Dura-tion

All Accounts Term 1 December MRD, 2026 December MRD 2027 12 months All Accounts Term 2 December MRD, 2026 June MRD 2027 18 months All Accounts Term 3 December MRD, 2026 November MRD 2028 23 months All Accounts Term 4 December MRD, 2026 November MRD 2029 35 months

E. At the expiration of either Term, if the Town and the Bidder have not entered any written modifi-cation, amendment or extension of this Agreement and if the Town have not elected to obtain service from another provider of electricity, the Bidder will return service back to the LDC Host utility. The Town has the right to contract with the supplying Bidder for up to an additional two-year contract term at a price less than or equal to the awarded contract price prior to the expiration date, if mutually agreeable.

V. Firm Supply Requirement

A. The Bidder will provide financially and physically firm electric supply, such that all risk and any associated costs resulting from: 1) electricity supply failure, 2) transmission constraints or conges-tion, 3) regulatory changes, 4) New York ISO changes, 5) disputes with the Utility, 6) Electronic Data Interchange ("EDI") problems or failures, etc. are the responsibility of the Bidder and will be paid or, if already paid by Town, reimbursed by Bidder, except for legitimate Force Majeure or Change of Law as defined in this RFB. The reimbursement method shall not be required by Bidder if payment has not yet been made by Town.

B. Bidder will be responsible to provide the appropriate notification to LDC of the switch to the Bidder within the deadlines established by LDC so that Bidder begins supplying accounts on the contract commencement date. Bidder will be responsible to compensate the Town for any additional costs incurred by the Town that resulted from missed deadlines caused by or as a result of the Bidder’s negligence throughout the awarded term.

C. Bidder will enroll, transport, nominate, schedule, balance, and monitor the Town’ facilities' electric usage. Bidder will be responsible for any and all scheduling and balancing services and penalties.

All penalties assessed by the LDC due to imbalances are the responsibility of the Bidder and will be paid or, if already paid by Town, reimbursed by the Bidder. The reimbursement method shall not be required by Bidder if payment has not yet been made by Town.

237 Route 59 Suffern, New York 10901

D. Bidder must supply electric to all Town’ accounts within an LDC, at the Town’ request, as applica-ble.

VI. Delivery

A. At the request of and pursuant to contract with the Town’, Bidder shall deliver electricity to the Retail Distribution Receipt Point (“RDRP”) for all facilities as designated by the LDC. Bidder will provide full-requirements electric supply, including firm energy, firm capacity, firm transmission, load fol-lowing, reserve margin requirements, Clean Energy Standard (CES) charges, Transmission Owner Transmission Solutions (TOTS), all other necessary ancillary services, line losses, energy consult-ant’s fee and Bidder’s margin and all applicable taxes (including gross receipts tax). Bidder will nominate, schedule, balance, and monitor the Town’ electric usage. Failure to deliver as specified may result in termination of contract. Replacement supply will made and any increase in price will be chargeable against the Bidder and/or deducted from future payments by the Town.

B. The Town acknowledges that while the Bidder may take title to energy provided hereunder, the

Bidder does not own or operate transmission or distribution systems through which energy is de-livered to the Town and Bidder therefore agrees that the Bidder shall not be liable for any damages associated with any failure in the delivery of energy in connection with the failure of such transmis-sion or distribution systems unless Bidder is a LDC, an affiliate of a LDC, or providing services in a joint Bidder with a LDC pursuant to a contract awarded under this RFB.

237 Route 59 Suffern, New York 10901

VII. Pricing:

A. Pricing Option One: Fixed price - $/kWh December 2026 MRD Start Date.

Terms: 12-, 18, 23- and 35-month terms:

o All-inclusive aggregated fixed rate electricity price including the following components listed below:

For the fixed-price product, Bidders must provide pricing in the form of all-hours fixed price ($/kWh) for each term period. Prices shall be the same for all Town’ accounts within each LDC service territory.

NYISO Components Energy Included Ancillaries – and other ISO costs Included Capacity Included Losses Included NYPA Transmission Adjustment Charge Costs Included – Price Adjustment NY CFC Transmission Costs Included – Price Adjustment NY Transmission Project Costs – PPT Included – Price Adjustment NY Tier 1 REC Program Costs Included - Price Adjustment NY Tier 4 REC Program Costs Included - Price Adjustment NY TOTS Project Costs Included NY ZEC Program Costs Included Applicable Taxes Included 100% Swing Included Utility Combined Billing (UCB) Included

Master Price Adjustment Provision

The Town has elected the Price Adjustment option for the following components, as applicable: NYPA Transmis-sion Adjustment Charges, NY Tier 1 REC Program Costs, NY Tier 4 REC Program Costs, NY CFC Transmission Project Costs, NY Transmission Project Costs, and any other similar ISO, UDC, or regulatory transmission or public policy charges imposed during the selected term (collectively, the “Adjustment Components”).

“Price Adjustment” means that Bidder has incorporated such Adjustment Components into the bid pricing based on the rates applicable to the Account(s) as determined by the relevant UDC, NYISO, or other governing authority at the bid of the Bidder’s submission.

Throughout the selected term, any subsequent increases or decreases to the Adjustment Components shall be passed through to the Town as they occur. Such adjustments shall reflect changes imposed by the applicable UDC, NYISO, FERC, NYSERDA, or other governing authorities.

For clarity:

• Adjustment Components may change prior to the Start Date and will be reflected in a future adjustment.

• Adjustments may occur annually or more frequently.

• Adjustments may occur more than once within any calendar year.

237 Route 59 Suffern, New York 10901

This provision applies to all costs or charges imposed pursuant to NYISO’s Comprehensive System Planning Pro-cess, Public Policy Transmission Planning Process, Reliability Planning Process, Local Transmission Recovery mechanisms, FERC orders (including Order No. 1000, as amended), and any successor programs or regulatory requirements implemented during the selected term.

B. Energy Consultant Services Fee

The Energy Consultant of Record’s service fee (Consultant’s Service Fee) will be $.001550 per kWh, based upon the total kWh consumed monthly, by all facilities under the Town’ contract, for each month of the contract term(s). The Consultant’s Service Fee shall be applicable up through the date of expi-ration or earlier termination of the Bidder’s contract with the Town, regardless of the status of Consult-ant’s contract with the Town. The Bidder is fully responsible for Consultant’s Service Fee and will pay the Consultant directly. The Consultant’s Service Fee is a cost to the Bidder and any price offered under this RFB shall be inclusive of that cost. Town shall not be liable for the Consultant’s Service Fee and at no time shall the Bidder pass off any additional cost related to Consultant’s services to the Town.

Town shall have the right to audit all invoices, payments and other records related to Bidder’s payments to Consultant. Such records shall be retained by Bidder and Consultant for six (6) years after the expiration or earlier termination of Bidder’s contract with the Town.

VIII. Bidding Requirements

A. Submission of bid by a Bidder will be construed as indication that Bidder is fully informed as to the extent and character of work, labor, supplies, materials or equipment required and can perform the work, furnish the supplies, materials or equipment satisfactorily to the full intent of the Specifications without any extras. The bid shall include the furnishings of all labor, materials, and equipment as required by the work to be done or the service to be rendered.

B. Bids must include:

1. Background and Experience: Include the name, address, phone number and brief back-ground of the designated account manager, as well as, a description of their firm.

2. References: Names and contact information for at least three (3) clients of comparable accounts, references for New York government Town are preferable but not required.

C. Bidders must be a major electric producer, an affiliate or joint venture with a major producer, an affiliate or joint venture with a major energy producer, LDC, or pipeline, or an approved ESCO by the Public Service Commission of New York.

D. The RFB and the data provided by the Town and Consultant are believed (but not guaranteed) to be accurate and do not guarantee the future activity of the Town’ operations. Neither the Town nor Consultant or any of their Directors, Officers, employees or agents is representing the accuracy or completeness of this RFB or the data provided. Each Bidder is responsible for making its own evaluation of all information, circumstances and data in preparing and submitting responses to this RFB. If, during its evaluation, a Bidder becomes aware of an error in this RFB or the data provided by Consultant, the Bidder shall follow the procedure for questions in Item 21 of the Instructions to Bidders.

237 Route 59 Suffern, New York 10901

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

The Town may require any or all Bidders to present additional evidence of experience, ability and financial standing as well as a statement as to the materials, equipment or personnel which the Bidder will have available for the performance of this contract. The Town reserves the right to interview any or all Bidders and/or visit any or all Bidder's sites during the evaluation of bids. If applicable, the Town shall contact Bidders to arrange an interview which will be held at the office of the Director of Purchasing and/or a site visit of Bidder's facilities at any time during the evaluation process. Bidders are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in interviews, site visits or be asked to submit a best and final offer. The Town may award the contract without interviews and/or site visits for any or all Bidders, if deemed to be within the best interests of the Town.

BASIS OF AWARD

A. The Town may award a firm fixed-price contract to the lowest responsive and responsible bidder based on a 12, 18, 23 and 35-month term. It is the intention of the Town to award the bid by 4:00 pm the same day the bids are due and opened. However, the Town reserves the right to award all the accounts within an LDC to one supplier or to remain with the LDC if the LDC price is the same as or lower than the lowest responsive and responsible bidder. In the event, the Town is unable to award the same day, then the lowest bidder will have an oppor-tunity to refresh their pricing based on the actual contract date.

B. Any award will be pending approval of applicable ESCO’S contract terms and conditions by the

Town Attorney.

C. The Town reserves its rights to waive any informality or reject any or all bids with or without advertising for new bids, if in the best interest of the Town.

D. In the event of a two-way tie, Bidders will be notified of a coin toss to be held in the office of the

Director of Purchasing, 237 Rte 59, Suffern, New York, 10901, the date and time to be determined as needed. The first alpha-order bidder, based on first letter of business entity name, will be asked to call the coin. In the event of a multiple tie, names of tied bidders will be placed in a hat by the Director of Purchasing. First alpha-order bidder, based on first letter of business entity name, will draw the name. In the event there are no attendees for the coin toss, or the draw, the coin toss or the draw will be conducted by the Director of Purchasing and two (2) representatives of the Town

237 Route 59 Suffern, New York 10901

BIDDER'S CHECKLIST

Unless otherwise noted below, one (1) signed original and one (1) copy of each of the following items should be submitted in your sealed bid package: It is NOT necessary to include a copy of the entire RFB in your bid package only required pages as below.

1. Bid Form/Bidder Information page, and/or any requested pricing information

2. Non-Collusion Certification

3. Disclosure of Non-Responsibility Determination (copy of instruction page not required)

4. Iran Divestment Act Certification

5. Certificate of Authority/Incorporation/Partnership/dba, as noted in Instructions to Bidders page 6 item #19

6. Bid Security and/or letter from bank or surety if requested

7. References if requested

8. Information or other materials to be included only as requested in the Submission of Bids section of this

RFB.

9. Supplier Forms (if not already a current Town awarded Bidder)

The proposed Electric Supply contract must be included in the bid and is subject to the discretionary approval of the Town Attorney and the Town Supervisor. Bidder(s) awarded a contract agree(s) to execute the contract in the timeframe, if any, indicated in this RFB. Failure to reach agreement on contract terms and conditions may result in rejection of a bid, rescission of an award and/or retention of bid security by the Town.

Altering bid specifications to suit your pricing, packaging, manufacturing requirements etc. in any form shall deem your submission as non-responsive. If clarification is required on any aspect of the bid document, it is necessary to submit questions to the Town of Ramapo as noted in Instructions to Bidders item #21.

THIS IS A SEALED BID PROCESS. ALL SUBMISSIONS MUST BE CLEARLY MARKED ON THE

OUTSIDE PACKAGING WITH THE RFB TITLE AND NUMBER.

237 Route 59 Suffern, New York 10901

BID FORM

BUSINESS NAME:

BUSINESS ADDRESS:

NAME, TITLE, TELEPHONE, FAX & EMAIL OF CONTACT PERSON:

This business is a certified MWBE Yes____ No____ If yes, list certifying agency(cies):

Do not leave any blanks, if none or zero so state. All prices should be carried five (5) decimal places.

Bid Prices shall be applicable for the supply term beginning on the first meter read date on December, 2026 and ending on the first meter read date of the awarded term 12, 18, 23 and 35-months, as dictated by LDC for each individual accounts.

Bid Form continues on next page.

237 Route 59 Suffern, New York 10901

Term Dates

Term 1: 12-months: December MRD, 2026 December MRD, 2027 Term 2 : 18-months: December MRD, 2026 June MRD, 2028 Term 3 : 23-months: December MRD, 2026 November MRD, 2028 Term 4: 35-months: December MRD, 2026 November MRD, 2029

Orange & Rockland Utilities

NYISO Components Energy Included Ancillaries – and other ISO costs Included Capacity Included Losses Included NYPA Transmission Adjustment Charge Costs Included – Price Adjustment NY CFC Transmission Costs Included – Price Adjustment NY Transmission Project Costs – PPT Included – Price Adjustment NY Tier 1 REC Program Costs Included - Price Adjustment NY Tier 4 REC Program Costs Included - Price Adjustment NY TOTS Project Costs Included NY ZEC Program Costs Included Applicable Taxes Included 100% Swing Included Utility Combined Billing (UCB) Included

Term

Fixed Price as outlined above.

Including Consultant Fee Per kWh

Term 1 12 months

Term 2 18 months

Term 3 23 months

Term 4 35 months

Bid Form continues on next page.

237 Route 59 Suffern, New York 10901

Billing:

Please confirm billing method:

_____Utility combined billing (UCB)

The Consultant's Service Fee will be $.001550 per kWh, based upon the total kWh consumed monthly, by all facilities under the Town' contract, for each month of the contract term and for any contract exten-sion. The Bidder is fully responsible for the energy consultant of record's service fee and will pay the Consultant directly.

The Consultant Services Fee is a cost to the Bidder and any price offered under this RFB shall be inclusive of that cost. At no time shall the Bidder pass off any additional cost to the Town. Town shall have the right to audit all invoices, payments and other records related to Bidder's payments to Consultant.

The undersigned proposes to furnish and deliver ELECTRIC SUPPLY to the Town, at the prices stated within the bid submitted, which shall be exclusive of all Federal and State taxes, in accordance with the RFB-TOR-21-12 for the same, August 6, 2021 on file in the office of the Purchasing Department.

The individual submitting this bid on behalf of his or her firm certifies by his or her signature below that:

• he or she understands and has complied with the requirements of State Finance Law Sections 139-j and 139-k and will continue to do so throughout the restricted period

• he or she has read and understood the full Request for Bid cited above

• he or she is duly authorized to submit the bid on behalf of the business entity noted above.

By: _________________________________ Date: _______________________________

NAME Federal ID Number

TITLE D&B D-U-N-S Number

ADDENDA CONFIRMATION (Use this section only when addendum/addenda were received for this

RFB.)

Addendum #____ - Received _________________, 20___ Initialed by person signing above _________

Addendum #____ - Received _________________, 20___ Initialed by person signing above _________

Addendum #____ - Received _________________, 20___ Initialed by person signing above _________

237 Route 59 Suffern, New York 10901

NON-COLLUSION CERTIFICATION

(a) “By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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

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

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

(b) A bid shall not be considered for award nor shall any award be made where the provisions of (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that an Bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being proposed, does not constitute, without more, a disclosure within the meaning of subparagraph (a)(1) of this certification.

Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by an Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subparagraph (a)(1) of this certification, shall be deemed to have been authorized by the board of directors of the Bidder, and such authorization shall be deemed to include the signing and submission of the bid and the this Non-Collusion Certification as the act and deed of the corporation or other business entity submitting the bid.

DATE SIGNATURE

NAME

TITLE

BUSINESS NAME

237 Route 59 Suffern, New York 10901

DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

(See instructions on next page before completing this form.)

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

Name and Title of Person Submitting this Form:

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If Yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle): No Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete infor-mation to a Governmental Entity? (Please circle): No Yes

4. If you answer yes to any of the above questions, please provide details regarding the finding of non-responsi-bility below and attach additional pages as necessary.

Governmental Entity:

Date of Finding of Non-Responsibility:

Basis of Finding of Non-Responsibility:

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information?

(Please circle): No Yes

6. If yes, please provide details below and attach additional pages as necessary.

Governmental Entity:

Date of Termination or Withholding of Contract:

Basis of Termination or Withholding:

Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate.

By: Date:

Signature

237 Route 59 Suffern, New York 10901

Instructions for Completing the Disclosure of Prior Non-Responsibility Determinations

Background:

New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. In accordance with State Finance Law §139-k, an Offeror must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or

(b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Of-feror fails to timely disclose accurate or complete information regarding the above non-responsibility determina-tion. In accordance with law, no Procurement Contract shall be awarded to any Offeror that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offeror is necessary to protect public property or public health safety, and that the Offeror is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (10)(b) and 139-k(3).

Instructions:

The Town of Ramapo includes this disclosure request regarding prior non-responsibility determinations in accord-ance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract, Supplement or Change Order. It shall be submit-ted to with your bid or proposal to the Town agency conducting the Governmental Procurement.

This document must accompany each Bid Form, Letter of Interest, or Proposal submitted by all Offerors.

237 Route 59 Suffern, New York 10901

IRAN DIVESTMENT ACT CERTIFICATION

The Iran Divestment Act of 2012 (“Act”), Chapter 1 of the 2012 Laws of New York, added State Finance Law (SFL), §165-a and General Municipal Law §103-g, effective April 12, 2012. Under the Act, the Commissioner of the New York State Office of General Services (“OGS”) developed a list (“Prohibited Town List”) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law).