RFB-OC125-25 Electric Supply.pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main St.

Goshen, New York 10924

RFB TITLE: ELECTRIC SUPPLY RFB-OC125-25

ELECTRIC SUPPLY

PO Box 218, 255-275 Main St.

Goshen, New York 10924

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-COLLUSIVE CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

IRAN DIVESTMENT ACT CERTIFICATION

QUESTIONS

INFORMATION SHEET

NON-BIDDER’S RESPONSE

APPENDIX (each document listed below is provided as a separate attachment to this RFB)

ATTACHMENT A – COUNTY OF ORANGE UTILITY ACCOUNTS

SUPPLIER FORMS

ACH FORMS

PO Box 218, 255-275 Main St.

Goshen, New York 10924

NOTICE TO BIDDERS

Bids for RFB-OC125-25 ELECTRIC SUPPLY will be received by the undersigned Commissioner of the Department of General Services, at his office located at 255 Main Street, Goshen, NY 10924, up to and including Wednesday, October 1 at 11:00 A.M. EST, when they shall be opened and read aloud.

Copies of the Request for Bids may be obtained beginning Tuesday, September 23, 2025, at the above address between the hours of 9:00 A.M. and 4:45 P.M., Monday through Friday as well as through www.orangecountygov.com/generalservices under "Current Bids and Proposals" or at www.bidnet.com/new-york.

September 18, 2025 Renee Arnold-O’Regan, MA, Commissioner Orange County Department of General Services

IMPORTANT DATES

September 23, 2025 RFB-OC125-25 – Released

September 26, 2025 A bidder’s proposed electric supply agreement MUST be submitted to the Department of General Services by 2:00 PM EST on Friday, September 26, 2025 to:

generalservices@orangecountygov.com

September 26, 2025 Questions, please email to:

generalservices@orangecountygov.com by 2:00 PM

October 1, 2025 Bid opening – 11:00 AM EST

NOTE: Electronic submission of the RFB is encouraged through BidNet: https://www.bidnetdirect.com/new-york Office of General Services

1st Floor 255 Main Street Goshen, New York 10924

NOTE: Registration is required through BidNet to submit the bid electronically. As always, a hard copy submission is also acceptable. Fax and email submission are NOT allowed. Follow the instructions on BidNet on how to submit a bid electronically. If you need assistance, please contact BidNet’s direct vendor support department at 800-835-4603 (Option 2). Uploading a document is not the same as submitting the bid, the bid MUST be submitted to finish the process. When you successfully submit a bid you will get a confirmation notice on the screen. Print the confirmation notice as this is the only notice you will receive that the bid was successfully submitted.

mailto:generalservices@orangecountygov.com https://www.bidnetdirect.com/new-york

PO Box 218, 255-275 Main St.

Goshen, New York 10924

INSTRUCTIONS TO BIDDERS

Unless a Request for Bid (RFB) is solicited directly by and through another County Department, the only source of official distribution is through the Department of General Services. Additionally, most RFB documents issued by the Department of General Services are distributed through BidNet: www.BidNet.com/new-york . If you have obtained this RFB from a source other than directly from the Department of General Services or through BidNet, you are encouraged to contact the Department to receive an official copy.

By submitting a bid, you are asking the County 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 County 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 County Executive ("restricted period") unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County employees are required to obtain certain information when contacted during the restricted period. The designated staff contact is the Commissioner of General Service or his representative, telephone (845) 291-2792. 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 exemption 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 County’s acceptance of bidder’s proposal with the claimed exemptions, 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 County if the following conditions are met:

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

2. Altering bid specifications 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 Department of General Services as set forth below.

3. 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 sent to General Services on either on the "Questions Form" provided in this RFB to and emailed with the subject line “RFB-OC125-25 Questions” to generalservices@orangecountygov.com or http://www.bidnet.com/new-york

PO Box 218, 255-275 Main St.

Goshen, New York 10924 type the questions into the body of the email. No questions will be entertained by any other means. All questions must be submitted by September 26, 2025, at 2:00 PM, EST. 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.

4. All participating Bidders must submit a copy of their proposed electric supply agreement to the County to the Department of General Services by Friday, September 26, 2025 by 2:00 PM EST. Failure to submit a proposed supply agreement (even if one was previously submitted), by this deadline shall render a bid non-responsive.

Terms and conditions of Bidder’s proposed supply agreement shall be subject to negotiation with the County.

Please email to: generalservices@orangecountygov.com

5. Bidder’s proposed supply agreement may be subject to negotiation with the County. If an agreement cannot be reached within 24 hours of the notice of award, negotiating Bidder may be declared non-responsive and County 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 County will not agree to unilateral indemnification.

b. The County 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 County 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 County cannot agree to modifications that impact the price of the contract without requiring the modification to be submitted to the County Executive 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 County will not agree to a contract provision that restricts the County from obtaining similar goods or services after the contract expires or is terminated for any reason.

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

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

9. The County 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.

6. Unless otherwise specified, all bids shall be made upon forms furnished in this RFB, if any and as may be modified by addenda.

All responses will be received up to and including Wednesday, October 1, 2025 at 11:00 AM, EST.

NOTE: Electronic submission of the RFB is encouraged.

Bids may be submitted electronically through BidNet: https://www.bidnetdirect.com/new-york In-person drop off, sealed envelopes clearly marked on the outside packaging:

https://www.bidnetdirect.com/new-york

PO Box 218, 255-275 Main St.

Goshen, New York 10924

ELECTRIC SUPPLY, RFB-OC125-25

Attn: Renee Arnold-O’Regan, Commissioner Department of General Services 255 Main Street, Goshen, NY 10924

FedEx or UPS please use the following address:

Orange County Department of General Services Attn: Renee Arnold-O’Regan, Commissioner Department of General Services 255-275 Main St.

Goshen, New York 10924

It is the Bidder’s responsibility to clearly mark the outside of their mailing envelopes ELECTRIC SUPPLY, RFB-OC125-

Faxed/Emailed bids are not permitted. NO LATE BIDS WILL BE ACCEPTED - NO EXCEPTIONS!

7. If mailed, 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 completed 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.

8. All supplies, equipment, vehicles, and materials must meet the provisions of the Occupational Safety and Health Act (OSHA) and all other applicable state and federal laws and regulations.

9. 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 County. Prices shall be net, including transportation and delivery charges fully prepaid by the successful Vendor 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).

10. The proposed scope and specifications are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the County can ascertain at the time of issuance of this RFB. When quantities are listed, the County has listed these either based upon a history of usage over a previous period or anticipated need. The County 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 County. The Bidder shall include in their price an allowance for full-requirements electric supply for all County’s accounts.

11. 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 County and no replacement bid may be submitted. Opened bids may not be withdrawn until forty-five (45) days after opening.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

12. Basis of Award provisions vary with each RFB, please read that section carefully. Some RFBs may be awarded to more than one entity, however all accounts within an LDC will be awarded to a single entity. The Commissioner of General Services reserves the right to waive any informality, reject 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 County.

13. Any award shall be subject to the execution of a contract (and, if applicable, license or other agreements) between the Bidder and the County. The County’s contract obligation is contingent upon execution of the contract between the County and selected Vendor. No legal liability on the part of the County 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 County 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.

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

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

16. 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.

17. 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.

18. Supplier Forms are included in this RFB. Vendors that have not received a purchase order in the last twelve

(12) months from the County must submit completed signed Supplier Forms prior to execution of a contract by the County.

19. 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.

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

INSURANCE REQUIREMENTS

During the term of the contract, or longer if required, Vendor shall maintain, at its expense, Worker’s Compensation and Disability insurance policies as required by New York State law. Pursuant to New York State Workers Compensation Law §57 and §220(8), proof of such policies or exemption therefrom on the appropriate New York State form is required prior to execution of a contract by the County. Vendor shall also maintain, at its expense, liability insurance policies of the types and minimum coverages specified herein, as applicable to the service provided. Certificates of insurance evidencing Vendor’s compliance with these requirements shall be required prior to execution of the contract by the County. The County’s standard insurance requirements are as follows:

PO Box 218, 255-275 Main St.

Goshen, New York 10924

Type of Coverage Limit of Coverage Worker’s Compensation Statutory Disability Statutory Employer’s Liability $500,000 ea. Accident $500,000 disease ea. Employee $500,000 disease policy limit Automobile Liability $1,000,000 aggregate (Incld. Bodily Injury $1,000,000 each occurrence & Property Damage) Comprehensive General $1,000,000 aggregate Liability (Includ. $1,000,000 each occurrence Contractual Liability, Bodily Injury & Property Damage) Professional Liability $1,000,000 aggregate (If commercially available $1,000,000 each claim”

BONDING REQUIREMENTS

There are no bonds required for this contract

SCOPE

The County of Orange County (County) is issuing this Request for Bid (RFB) for electric supply to Energy Service Companies (ESCO’s and qualified electric suppliers (Supplier) that will provide firm retail supply to the various facilities listed in this RFB and as added or deleted by the County during the term of the contract. All account services under any contract awarded shall be located within Central Hudson Gas & Electric and Orange & Rockland Utilities (O&R) service territories.

SPECIFICATIONS

Definitions

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 Vendor or from Vendor to the Host Utility or ISO, then such costs or credits may be passed through to the County upon written amendment executed by the County. 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 County’s 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 Vendor may pass through such Incremental Charges to be paid by the County in addition to the Price and in accordance with the payment terms in the contract upon written amendment executed by the County. Written amendment shall not be required upon Vendor’s production of a law, regulation or judicial order making payment by Vendor mandatory. NOTE: an ICAP Tag change is not considered a “Change in Law”.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

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).

County shall mean the County of Orange.

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 County, 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 efficiency 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.

Firm shall mean that the ESCO or Supplier agrees to provide the County 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 as a result of a Force Majeure event shall provide reasonable written notice to the other party of the existence 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.

Vendor’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 Vendor to sell the products and services provided hereunder at a price greater than the price paid by the County shall not constitute an event of Force Majeure.

Conversely, the ability of the County to purchase the products and services provided hereunder for an amount less than the price shall not constitute an event of Force Majeure.

Installed Capacity Tag (ICAP Tag): An ICAP Tag is a value assigned to an individual electricity customer’s peak demand, used to determine their share of the total installed capacity obligation within a regional electricity market—like the New York Independent System Operator (NYISO) market.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

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 expended in one hour by one kilowatt of power.

Load Balancing shall mean the process of reconciling differences that occur between the amount of electricity delivered at the Retail Delivery Receipt Point by an ESCO or Supplier and the amount of electricity delivered to the County, 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.

NYPA Transmission Adjustment Charge (NTAC): The NYPA Transmission Adjustment Charge (NTAC) is a fee applied to electricity customers who receive power through the New York Power Authority (NYPA). It is intended to recover costs related to transmission services, such as the use, maintenance, and improvement of the high-voltage transmission system that delivers electricity from generation sources to local utilities or end-users.

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 customers. 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

Retail Access Program shall mean the firm transmission, distribution and delivery by the LDC to the County Delivery Point of Electricity Supply Service furnished by an ESCO or Supplier on the County’s 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 Transmission 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 County facilities and accounts as listed on Attachment A.

Transmission Owner Transmission Solutions (TOTS): was a group of three electric power bulk transmission projects constructed on the New York bulk transmission system to increase transfer capability between Upstate and Downstate New York. The projects were in-service by June 2016.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

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

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.

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 County has named M&R Energy Resources Corp. (M&R Energy), P.O. Box 4091, New Windsor, NY

12553 as its Energy Consultant of Record (Consultant) to assist the County in the solicitation and contracting process for firm electric supply.

Consultant Contact information:

Name: Melissa Cobuzzi Phone: 845-534-5462 E-Mail: mmassimi@mandrenergy.com

B. Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the County 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 County Executive (Restricted Period) unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County employees and the Consultant are required to obtain certain information when contacted during the Restricted Period. The designated staff contact is the Commissioner of General Service or his representative, telephone (845) 291-2792. 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.

III. Account and Consumption Data

A. The County’s 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 bidding ESCO’s or Suppliers is only indicative and are not a guarantee of minimum or maximum purchased volumes. Actual consumption will vary based upon weather conditions and facility operating schedules.

mailto:mmassimi@mandrenergy.com

PO Box 218, 255-275 Main St.

Goshen, New York 10924

IV. Commencement Date & Supply Term

A. Bids are requested for 12, 18, and 24 month supply terms and the County may award a contract for any term, at its discretion, to the lowest responsive and responsible Bidder for each LDC territory.

B. Supply for all electric accounts will start on or about December MRD 2025 meter read date (“MRD”). The MRD of December 2025 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 Vendor to submit enrollment notices to the LDC’s 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.

Term Commencement Date Termination Date Term Duration

Term 1 December MRD 2025 December MRD 2026 12M

Term 2 December MRD 2025 June MRD 2027 18M

Term 3 December MRD 2025 December MRD 2027 24M

E. At the expiration of the awarded contract Term, if the County and the Vendor have not entered any written modification, amendment, or extension of this Agreement and if the County has not elected to obtain service from another provider of electricity, the Vendor will return service back to the LDC Host utility. The County has the right to contract with the supplying Vendor 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 agreed upon. In summary, should the electric renewal price be the same or a lower price for the next contract term the County can contract for next term without a formal RFB for up to two-years.

V. Firm Supply Requirement

9. The Vendor will guarantee financially and physically firm electric supply, such that all risk and any associated costs resulting from: 1) electricity supply failure, 2) transmission constraints or congestion,

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 Vendor and will be paid or, if already paid by County, reimbursed by Vendor, except for legitimate Force Majeure or Change of Law as defined in this RFB. The reimbursement method shall not be required by Vendor if payment has not yet been made by County.

B. Vendor will be responsible to provide the appropriate notification to LDC of the switch to the Vendor within the deadlines established by LDC so that Vendor begins supplying accounts on the contract commencement date.

Vendor will be responsible to compensate the County for any additional costs incurred by the County that resulted from missed deadlines caused by or as a result of the Vendor’s negligence or willful misconduct throughout the awarded term or any renewal(s) thereof.

C. Vendor will enroll, transport, nominate, schedule, balance, and monitor the County’s facilities’ electric usage. Vendor will be responsible for any and all scheduling and balancing services and penalties. All penalties

PO Box 218, 255-275 Main St.

Goshen, New York 10924 assessed by the LDC due to imbalances are the responsibility of the Vendor and will be paid or, if already paid by County, reimbursed by the Vendor. The reimbursement method shall not be required by Vendor if payment has not yet been made by County.

D. Vendor must supply electric to all County accounts within an LDC, at the County’s request, as applicable.

VI. Delivery

A. At the request of and pursuant to contract with the County, Vendor shall deliver electricity to the Retail

Distribution Receipt Point (“RDRP”) for all facilities as designated by the LDC. Vendor will provide full-requirements electric supply, including firm energy, firm capacity, firm transmission, load following, reserve margin requirements, all other necessary ancillary services, line losses, and all applicable taxes (including gross receipts tax). Vendor will nominate, schedule, balance, and monitor the County’s 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 Vendor and/or deducted from future payments by the County.

B. The County acknowledges that while the Vendor may take title to Energy provided hereunder, the Vendor does not own or operate transmission or distribution systems through which Energy is delivered to the County , and the County and Vendor therefore agree that the Vendor shall not be liable for any damages associated with any failure in the delivery of Energy in connection with the failure of such transmission or distribution systems unless Vendor is a LDC, an affiliate of a LDC, or providing services in a joint vendor with a LDC pursuant to a contract awarded under this RFB.

VII. Pricing

Bidders MUST provide their bid pricing in the following format:

A. Fixed price: 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 County accounts within each LDC service territory.

Fixed price per kWh: is inclusive of all costs necessary to provide the County with full-requirements electric supply, including but not limited to firm energy, firm capacity, firm transmission, clean energy standard charges (TOTS, ZEC & RES), load following, reserve margin requirements, all other necessary ancillary services, line losses, utility consolidated billing fee and Bidder's margin plus County’s Consultant Service Fee. Pricing should exclude taxes not applicable to government entities.

The bullet points below are the correct interpretation of a fixed price per kWh:

Items included and not subject to change in law or adjusted annually:

• Energy Costs

• Ancillary Services and Other ISO Costs

• Capacity Costs

• Line Loss Costs

• NYPA Transmission Adjustment Charges Costs

PO Box 218, 255-275 Main St.

Goshen, New York 10924

• Zero Emissions Credits (ZECs)

• New York Transmission Owner Transmission Solution (“TOTS”)

• Bidder’s Margin

• Utility consolidated billing fee

• County’s Consultant Service Fee

Items included in the fixed rate, however, are subject to an annual price adjustment if applicable:

• NY Public Power Transmission Costs

• NY Tier 1 REC Program Costs

Items not included in the fixed rate offer and potential pass-throughs:

• Renewable Energy Standard – Maintenance (TIER 2 RECs)

• Renewable Energy Standard – NYC Deliverable (TIER 4 RECs)

• Offshore Wind Standard (OSWS or ORECs)

B. Pricing for Swing

Bidder shall each provide full-requirements electric supply.

C. Consultant Services Fee

The Energy Consultant of Record’s service fee (Consultant’s Service Fee) will be $.001239 per kWh, based upon the total kWh consumed monthly, by all facilities under the County’s contract, for each month of the contract term(s).

The Consultant’s Service Fee shall be applicable up through the date of expiration or earlier termination of the Vendor’s contract with the County, regardless of the status of Consultant’s contract with the County. The Vendor is fully responsible for Consultant’s Service Fee and will pay the Consultant directly. The Consultant’s Service Fee is a cost to the Vendor and any price offered under this RFB shall be inclusive of that cost. County shall not be liable for the Consultant’s Service Fee and at no time shall the Vendor pass off any additional cost related to Consultant’s service fee to the County. County shall have the right to audit all invoices, payments and other records related to Vendor’s payments to Consultant. Such records shall be retained by Vendor and Consultant for six (6) years after the expiration or earlier termination of Vendor’s contract with the County.

VIII. Bidding Requirements

9. 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.

2. A copy of Bidder’s proposed supply contract is to be submitted by September 26, 2025 by 2:00 P.M. EST, which shall be subject to negotiation with the County. If an agreement cannot be reached within 24 hours of the notice of award, negotiating Bidder may be declared non-responsive and County may award to the next lowest responsive and responsible Bidder and commence the same negotiation process. All terms and conditions of this

PO Box 218, 255-275 Main St.

Goshen, New York 10924

RFB must be incorporated by reference into any supply contract and shall control in the event of conflict unless state or federal law or regulation requires otherwise.

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

a. The County will not agree to unilateral indemnification.

b. The County 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 with respect to the amounts authorized and appropriated by the County legislature.

d. The County 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 County cannot agree to modifications that impact the price of the contract without requiring the modification to be submitted to the County Executive for approval in writing, except when the price change is pursuant to an exception to this requirement as set forth the definition of a “Change in Law” in Section l of the Specifications to this RFB.

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

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

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

i. The County will not agree to provision which states that documents to be provided at a future date (e.g.

equipment schedules, purchase orders, etc.) are validly executed.

3. Bids must include:

9. Background and Experience: Include the name, address, phone number and brief background of the designated account manager, as well as a description of their firm.

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

4. Bidders can 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.

5. The RFB and the data provided by the County and Consultant are believed (but not guaranteed) to be accurate and do not guarantee the future activity of the County’s operations. Neither the County 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 the Instructions to Bidders.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

The County 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 County 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 County shall contact Bidders to arrange an interview which will be held at the office of General Services 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 County 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 County.

BASIS OF AWARD

9. The County may award a firm fixed-price contract to the lowest responsive and responsible bidder for each LDC territory based on the lowest responsive bidder’s fixed price. It is the intention of the County to award the bid by 4:00 P.M. the same day the bids are due and opened.

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

C. The County 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 County.

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 Commissioner of General Services, 255-275 Main St, Goshen, New York, 10924, 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 Commissioner of General Services. 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 Commissioner of General Services and two (2) representatives of the County.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

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/Vendor Information page, and/or any requested pricing information

2. Non-Collusive 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

6. References

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

8. Supplier Forms

9. The proposed electric supply agreement must be submitted by Friday, September 26, 2025 by 4:00 P.M. Failure to submit a proposed supply agreement (even if one was previously submitted), by this deadline shall render a bid non-responsive. Please email to the agreement to: generalservices@orangecountygov.com

The proposed Electric Supply contract is subject to the discretionary approval of the County Attorney and the County Executive. 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 County.

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 Department of General Services as noted in Instructions to Bidders.

ALL SUBMISSIONS MUST BE CLEARLY MARKED ON THE OUTSIDE PACKAGING WITH THE RFB TITLE AND NUMBER.

OR SUMBITTED THROUGH WWW.BIDNETDIRECT.COM/NEW-YORK

INSURANCE: Bidders are reminded that Certificates of Insurance for Worker’s Compensation, NYS Disability and Liability evidencing Vendor’s / Consultant’s compliance with the Insurance requirements of this RFB must be submitted upon Notice of Award. Pursuant to New York State Workers Compensation Law §57 and §220(8), the County shall not execute a contract until the certificate or proof of exemption is received. Failure to submit the required certificates or proof of exemption shall render a bid non-responsive and the award shall be deemed rescinded.

http://www.bidnetdirect.com/NEW-YORK

PO Box 218, 255-275 Main St.

Goshen, New York 10924

BID FORM

BUSINESS NAME: _____________________________________________________________________________

BUSINESS ADDRESS:

NAME, TITLE, TELEPHONE & EMAIL OF CONTACT PERSON:

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

Fixed price per kWh: is inclusive of all costs necessary to provide the County with full-requirements electric supply, including but not limited to firm energy, firm capacity, firm transmission, clean energy standard charges (TOTS, ZEC & RES), load following, reserve margin requirements, all other necessary ancillary services, line losses, utility consolidated billing fee and Bidder’s margin plus County’s Consultant Service Fee. Pricing should exclude taxes not applicable to government entities.

Bidders MUST provide their bid pricing in the following format:

A. Fixed price: 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 County accounts within each LDC service territory.

Fixed price per kWh: is inclusive of all costs necessary to provide the County with full-requirements electric supply, including but not limited to firm energy, firm capacity, firm transmission, clean energy standard charges (TOTS, ZEC & RES), load following, reserve margin requirements, all other necessary ancillary services, line losses, utility consolidated billing fee and Bidder's margin plus County’s Consultant Service Fee. Pricing should exclude taxes not applicable to government entities.

The bullet points below are the correct interpretation of a fixed price per kWh:

Items included and not subject to change in law or adjusted annually:

• Energy Costs

• Ancillary Services and Other ISO Costs

• Capacity Costs

• Line Loss Costs

• NYPA Transmission Adjustment Charges Costs

• Zero Emissions Credits (ZECs)

• New York Transmission Owner Transmission Solution (“TOTS”)

• Bidder’s Margin

• Utility consolidated billing fee

• County’s Consultant Service Fee

PO Box 218, 255-275 Main St.

Goshen, New York 10924

Business Name____________________________

Items included in the fixed rate, however, are subject to an annual price adjustment if applicable:

• NY Public Power Transmission Costs

• NY Tier 1 REC Program Costs

Items not included in the fixed rate offer and potential pass-throughs:

• Renewable Energy Standard – Maintenance (TIER 2 RECs)

• Renewable Energy Standard – NYC Deliverable (TIER 4 RECs)

• Offshore Wind Standard (OSWS or ORECs)

PO Box 218, 255-275 Main St.

Goshen, New York 10924

December MRD 2025 Start Month

Business Name________________________________

Orange & Rockland Utilities

Term

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Non-Green

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Green-e Certified REC 25% Green - Voluntary

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Green-e Certified REC 50% Green - Voluntary

12M

18M

24M

Central Hudson Gas & Electric

Term

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Non-Green

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Green-e Certified REC 25% Green-Voluntary

Fixed Price $/kWh

Consolidated Billing TOTS & ZEC Inc.

Green-e Certified REC 50% Green-Voluntary

12M

18M

24M

PO Box 218, 255-275 Main St.

Goshen, New York 10924

The Consultant's Service Fee will be $.001239 per kWh, based upon the total kWh consumed monthly, by all facilities under the County's contract, for each month of the contract term and for any contract extension. The Vendor 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 Vendor and any price offered under this RFB shall be inclusive of that cost. At no time shall the Vendor pass off any additional cost to the County. County shall have the right to audit all invoices, payments and other records related to Vendor's payments to consultant.

The undersigned proposes to furnish and deliver ELECTRIC SUPPLY to the County of Orange, at the prices stated within the bid submitted, which shall be exclusive of all Federal and State taxes, in accordance with the bid RFB- OC125-25 for the same, dated October 1, 2025 on file in the office of the Department of General Services.

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.

Additionally, by submission of this RFB, the person signing on behalf of the business entity noted above certifies, and in the case of a joint quote each party thereto certifies as to its own…