RFP_18-05_Natural Gas Supply.docx

Request for Proposal

Natural Gas Supply

RFP-18-05

Date of Issuance: October 16, 2017 Proposal Due Date: November 15, 2017 at 5:00 PM ET

1.0 General Information

1.1 SUMMARY

MassBay Community College (“MASSBAY”) is a comprehensive, open-access community college, offering associate degrees and certificate programs. MASSBAY was founded in 1961 and serves more than 5,300 full- and part-time students on its three campuses in Wellesley, Ashland and Framingham, MA. The College is managed by an eleven-member Board of Trustees, including one student. Additional information about MassBay Community College is available through the College’s web site at http://www.massbay.edu/.

MASSBAY invites qualified Natural Gas suppliers (“Suppliers”) to submit proposals for natural gas supply and related services in accordance with the requirements, terms and conditions of this Request for Proposals (“RFP”).

This RFP requires that Suppliers provide proposals that address the term and structures requested. A Supplier may provide alternative proposal structures that it believes that MASSBAY should consider. Any additional proposal structure must be submitted as a separate appendix and marked accordingly.

MASSBAY has hired Competitive Energy Services (“CES”) to assist in the procurement of its Natural Gas supply. Included in this RFP are facilities located at the Ashland, Wellesley and Framingham, MA campuses. MASSBAY and its campus are changing and growing. The RFP reflects these changes in the Contract Quantities specified for each bid structure and term. The information below provides Suppliers with a description of each facility, contract overview and term, specific details, load changes and timelines for the College.

NOTES:

· MASSBAY expects to contract based on the Contract Quantities provided on the Supplier Bid Form & Addenda Acknowledgment (see Attachment 7 to this RFP).

· Suppliers may choose not to bid for specific bid structures or products as they deem necessary. Future refreshes may narrow down the terms and products requested.

· For the Natural Gas RFP, MASSBAY is requesting pricing for the Central Steam Plant account # 5072622612, separate from the other 8 accounts listed on the supplier bid form as well as an aggregate of all accounts.

2.0 INSTRUCTIONS TO BIDDERS

2.1 RFP SCHEDULE

MASSBAY may change these dates at it sole discretion.

2.2 SUBMISSION PROCESS

All prices and proposals must be submitted to MASSBAY in accordance with the RFP schedule in Section 2.1. All proposals must be received via email to purchasing@massbay.edu on or before 5:00 p.m. Eastern Time, on November 15, 2017 with a copy to CES at lhyatt@competitive-energy.com. Emails with a RECEIVED DATE and TIME STAMP later than specified above will be considered automatically disqualified. The email subject line must read: “RESPONSE TO RFP 18-05”. The documents listed below must be submitted for the bid to be deemed complete for consideration. Attachments 1 through 6 and attachment 8 must be submitted as one document. Attachment 7, Supplier Bid Form & Addenda Acknowledgment containing pricing proposal, must be submitted as a separate document. Both documents must be submitted in the same email, unless space constraints require two emails.

__ Attachment 1 Standard Contract Form (to be signed and returned by bidders)

__ Attachment 2 Commonwealth Terms & Conditions (to be signed and returned by bidders)

__ Attachment 3 Contractor Authorized Signatory Listing (to be signed and returned by bidders)

__ Attachment 4 Request for Taxpayer Identification and Verification - Mass. Substitute W9 Form (to be signed and returned by bidders)

__ Attachment 5 Supplier Diversity Forms (must sign and return even if supplier is not able to comply)

__ Attachment 6 Certificate of Good Faith (to be signed and returned by bidders)

__ Attachment 7 Supplier Bid Form & Addenda Acknowledgment (to be completed, signed and returned by bidders as a separate document to the RFP response email)

__ Attachment 8 RFP Checklist (to be completed, signed and returned by bidders)

NOTE: Attachments 1-6 and attachment 8 should be returned in the RFP response email as a single document with wet signatures. Attachment 7 will be returned in the RFP response email as a separate document.

NOTES:

Compliance with the Supplier Diversity guidelines is not required. However, extra credit will be given toward award criteria.

All signatures must be a scanned copy of a wet signature. Electronic signatures are not acceptable.

The Bidder may submit additional information at its discretion. MASSBAY is interested in any information that may improve and drive down associated costs to the College. In addition, please outline any additional information that pertains to being able to view and access applicable account information electronically, via an online platform maintained by the Bidder.

All additional information should be submitted in the same manner and on the same schedule as the required information.

Below, is an overview of the estimated total annual usage, the number of LDC accounts and the LDC(s) serving these accounts. More specific information about these accounts is provided in Attachment 7. Please note that the bids requested are to be developed based on the Contract Quantities found on the Supplier Bid form & Addenda Acknowledgment as Attachment 7.

MassBay Community College Est. Annual (Aggregated) DTH: 12,559 No. of Accts: 9 Central Steam Plant Est. Annual DTH: 6,628 No. of Accts: 1 Non-Steam Plant Est. Annual (Aggregated) DTH: 5,932 No. of Accts: 8 Utility: Eversource (NStar) (3 accounts)/NGrid (Keyspan/Boston Gas) (6 accounts) Start: December 2017 Terms: 12, 24, 36, 48, 60 months Products:

1. Basis Only

2. Basis + NYMEX (Fixed) Please include cash out adder (where applicable) and specify the liquidity point Broker Fee: $0.10/dth

Suppliers should indicate if swing prices are based on individual account or aggregated usage.

Suppliers should include the broker fee in their bid prices. Please clearly indicate, by checking the appropriate box on Attachment 7, if the CES fee is NOT included in your bids.

When submitting bids, please complete the credit status portion of the Supplier Bid Form (if approved: length of approved term, if not approved: what is required for further credit review/approval).

MASSBAY is requesting bids for those Contract Quantities and products specified on the Bid Form, provided as Attachment 7 to this RFP.

More detailed account and usage information is provided in Attachment 7 to this RFP. Please note, however, that the Supplier Bid Form provides specific Contract Quantities that should be bid by the Supplier.

MASSBAY reserves the right to add to, alter, remove or in any way change this RFP in its sole discretion.

2.2.1 Email Response - File Size Limitations

The MASSBAY mailbox purchasing @massbay.edu can receive emails up to 10 MB in size. If your response is larger than 10 MB, please split your response and send in 2 or more separate emails and indicate in the subject line that you are sending multiple emails, e.g. “RFP 18-05–RESPONSE 1 of 2”. All emails containing your bid response must be received prior to the deadline specified in Section 2.1.

2.3 BIDDER CONFERENCE CALL AND BIDDER QUESTIONS

There will be a non-mandatory bidder conference call to discuss this RFP and applicable questions on October 27, 2017 at 11:00 AM ET. The Call-In Number for this conference call is 712-432-3100 Participant Code:250705.

Bidders may submit written questions via e-mail purchasing @massbay.edu (with a copy to CES at lhyatt@competitive-energy.com) on or before 5:00 pm Eastern Time, on November 6, 2017. The email subject line must read: “RFP 18-05 QUESTIONS”.

Answers to all questions will be provided in writing by way of an Addendum to this RFP and poasted on the COMMBUYS website.

Prospective bidders are prohibited from obtaining information about this proposal from any College personnel. All inquiries must be in writing pursuant to the question and answer schedule noted above in this Section 2.0. Inquiries received after the date in the schedule in Section 2.1 may not be accepted.

2.4 CONTACT INFORMATION

Except as may be noted otherwise herein, the issuing office for the coordination and dissemination of all information regarding this RFP is:

Name: Lauren Curley

All communication regarding this Request for Proposal shall be directed to Lauren Curley, Director of Procurement and Business Operations, with a copy to CES at lhyatt@competitive-energy.com. Failure to follow this instruction may result in immediate disqualification of the interested party.

This RFP is being advertised on COMMBUYS, the statewide electronic marketplace, for the benefit of trying to reach the widest possible audience. Any addenda issued pursuant to this RFP will also be posted on COMMBUYS. Interested parties are responsible for checking the COMMBUYS website for additional materials and/or addenda.

2.5 ACCEPT/REJECT PROPOSAL

MASSBAY reserves the right to reject any or all proposals, wholly or in part; to waive technicalities, irregularities, and omissions; to make the award in a manner deemed to be in the best interest of MASSBAY; and to correct any award erroneously made as a result of a clerical error on the part of MASSBAY.

All forms must be completed.

The primary criterion that will be used by the College to evaluate bids is the best value, including price.

MASSBAY reserves the right to solicit multiple refreshed prices after the initial submission from all qualified bidders. Qualified Bidder is defined as those bidders that have complied with submittal requirements as outlined in section 2.2.

2.6 WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn by the submitter at any time prior to the proposal receipt deadline date and time.

2.7 PROPOSAL RESULTS

Complete records of all proposals and awards are maintained at MASSBAY’s Procurement Department. All bid documents will be made available for public examination after the bid evaluation committee has completed its bid review, selection and final award.

2.8 NO UNIVERSITY OBLIGATION

This RFP in no manner obligates MASSBAY to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement. The RFP may be withdrawn by MASSBAY without penalty or obligation at any time prior to the signing of an agreement.

2.9 EXPENSES

Expenses for developing and presenting bids shall be the entire responsibility of the bidder and shall not be chargeable to MASSBAY. All supporting documentation and manuals submitted with this proposal will become the property of MASSBAY unless requested by the bidder, in writing, at the time of the submission, and agreed to, in writing, by MASSBAY.

3.0 UNIVERSITY STANDARD CONTRACT AND TERMS AND CONDITIONS

The successful respondent will be required to sign a Standard Contract Form and Commonwealth Terms & Conditions provided as Attachments 1 and 2 to this RFP, the terms and conditions of which are incorporated herein. MassBay will consider terms and conditions associated with Suppliers’ Transaction Confirmation. Suppliers may submit a sample Transaction Confirmation for review with their proposal submission.

Please note the following language:

Section 4 of the Commonwealth Terms & Conditions, entitled Contract Termination or Suspension, provides that the Commonwealth may terminate the Contract without cause. MassBay Community College hereby notifies bidders that it will not exercise this termination provision without cause.

3.1 PROPOSAL MATERIALS

All material submitted in response to the RFP will be considered as part of this RFP.

2.1 2.2 2.2.1 2.2.2 2.2.3

3.2 MASSACHUSETTS PUBLIC RECORDS LAW

Access to MASSBAY records is made in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, s. 10. All Responses received are subject to M.G.L. c. 4, s. 7, ss. 26, and M.G.L. c. 66, s. 10 regarding public access to such documents. If requested, MASSBAY will make available the documents within those responses subsequent to contract execution.

3.3 RFP INTERPRETATION

Interpretation of the wording of this document shall be the responsibility of MASSBAY and that interpretation shall be final.

3.4 INTENT TO PARTICIPATE

Bidders are not required, but strongly encouraged, to submit a Notice of Intent to Participate. If a prospective bidder does not provide notification, their bid will not be rejected provided all qualifications were met. MASSBAY may communicate directly with prospective bidders who provide a Notice of Intent to Participate. All documents and/or updates associated with this RFP, including answers to questions and other addenda, will be posted on COMMBUYS. Bidders should submit their Notice of Intent to Participate via e-mail to purchasing@massbay.edu (with a copy to CES at lhyatt@competitive-energy.com) on or before 5:00 pm Eastern Time, on October 31, 2017. The email subject line must read: “RFP 18-05 INTENT TO PARTICIPATE”.

3.5 ADDENDUM

Any addendum to this RFP issued to bidders and posted on COMMBUYS prior to the proposal opening date must be acknowledged in the Supplier Bid Form & Addenda Acknowledgement, Attachment 7.

3.6 PROPOSAL MODIFICATION

Failure to provide the required data to allow for evaluation of the bidder’s response to the RFP, or failure to follow and complete the RFP proposal format and accompanying documents will be grounds for rejecting the proposal offer. MASSBAY reserves the right to reject any proposals that alters the terms specified in the RFP.

3.7 CONFIDENTIALITY

From the date of issuance of the RFP until the opening date, the bidder must not make available or discuss its proposal, or any part thereof, with any employee or agent of MASSBAY. The bidder is hereby advised that any part of its proposal or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Commonwealth of Massachusetts laws.

3.8 TERM EXTENSIONS

2.3 MASSBAY reserves the right to extend the term of a supply contract up to 5 years at the time of award or any time up to 5 years subsequent to the initial award.

3.9 QUANTITY AND PRICE

Bidders shall utilize Attachment 7, Supplier Bid Form & Addenda Acknowledgment. Failure to use and submit this form is grounds for disqualification.

4.0 NATURAL GAS REQUIREMENTS FOR FRAMINGHAM STATE UNIVERSITY

For purpose of preparing bids, bidders should use the Contract Quantities shown on the Supplier Bid Form & Addenda Acknowledgment.

4.1 AWARDS

MASSBAY reserves the right to reject any or all bids, to waive technicalities and informalities, and to accept the proposal deemed best for MASSBAY. Any resulting contract shall be construed under and governed by the Laws of the Commonwealth of Massachusetts. This award will allow qualified vendors the opportunity to offer natural gas supply services through a competitive pricing process. Pricing will be subject to all contract terms outlined in this RFP.

4.2 REQUIREMENTS FOR DOING BUSINESS AFTER A CONTRACT HAS BEEN AWARDED

4.2.1 Customer Service

Bidders must have an e-mail address and a toll-free customer service number to accept inquiries from MASSBAY regarding billing and other issues. All customer service personnel must be able to answer questions regarding pricing and service under the contract.

4.3 COMMONWEALTH TAX EXEMPTION

Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax.

4.4 Attachments:

__ Attachment 1 Standard Contract Form (to be signed and returned by bidders)

__ Attachment 2 Commonwealth Terms & Conditions (to be signed and returned by bidders)

__ Attachment 3 Contractor Authorized Signatory Listing (to be signed and returned by bidders)

__ Attachment 4 Request for Taxpayer Identification and Verification - Mass. Substitute W9 Form (to be signed and returned by bidders)

__ Attachment 5 Supplier Diversity Forms (must sign and return even if supplier is not able to comply)

__ Attachment 6 Certificate of Good Faith (to be signed and returned by bidders)

__ Attachment 7 Supplier Bid Form & Addenda Acknowledgment (to be completed, signed and returned by bidders as a separate document to the RFP response email)

__ Attachment 8 RFP Checklist (to be completed, signed and returned by bidders)

NOTE: Attachments 1-6 and attachment 8 should be returned in the RFP response email as a single document with wet signatures. Attachment 7 will be returned in the RFP response email as separate document.

END OF RFP 18-05

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