Supplier Questions and Answers Feb 18 2026.docx

INTERNAL

INTERNAL

INTERNAL

Amendment 1 to CSCU RFQ 26-1363580

1) DASI Component DASI represents a highly volatile cost component that is currently bundled within the ancillary portion of pricing. Fixing DASI, together with the other ancillary components, would provide the customer with an additional layer of price certainty and help mitigate future market risk exposure. If structured as a fixed component, the price would remain unchanged for the term of the agreement, with no retroactive adjustments (true-ups), regardless of recent high settlement activity. This approach to the DASI component should be confirmed with each individual supplier.

With reference to the component table on page 4 of the RFQ, would CSCU consider the following pricing structures?

· DASI included (fixed) in the price – Yes. CSCU will update the Data Exhibit to include an additional tranche with DASI included in the price. IMPORTANT: when treating DASI as a fixed rather than passed-through cost, the supplier agrees to fix DASI for the length of the entire contract. No price adjustments to DASI will be allowed if DASI is treated as a fixed cost. The tranche will be as follows:

Fuel Security-Energy Security Initiative (June 2024 – beyond)

X

· DASI passed through, along with all ancillary costs and services. The tranche which requires DASI to be passed through also requires other ancillaries to be fixed. This will remain unchanged. However, a tranche has been added which includes DASI as a fixed cost. If a supplier opts to bid on this tranche, fixing DASI as well as other ancillaries, no true-ups will be permitted as part of the DASI fixed price bid. DASI will be fixed for the length of the contract. Please review the tables at the end of this amendment

2) 100% Renewable Requirement If a supplier is unable to provide Renewable Energy Certificates (RECs) beyond the state-mandated Renewable Portfolio Standard (RPS), would that prevent the supplier from participating in the auction? Can the supplier bid just the product that does not include RECs beyond the state mandated RPS? Yes, a supplier can opt to only bid on the product that does not include RECs beyond the state-mandated RPS. There is no requirement for suppliers to bid on all tranches.

3) On pages 10 and 11 of the RFQ, there is a “Bidder Contract Compliance Monitoring” form listed as a submission requirement. Can CSCU please confirm whether this is the same as the “Commission on Human Rights and Opportunities Contract Compliance Regulations Notification to Bidders” form? If it is not the same, can CSCU please provide the “Bidder Contract Compliance Monitoring” form? It is the same.

4) for 31324 indemnification - Would CSCU accept the following Indemnification language? Indemnification; Limitation of Liability: A. Buyer will be responsible for and shall indemnify Seller against all losses, costs and expenses, including court costs and reasonable attorney’s fees, arising out of claims for personal injury, including death, or property damage from the Commodity or other charges (collectively, “Losses”) which attach after title passes to Buyer. B. Seller will be responsible for and indemnify Buyer against any Losses which attach before title passes to Buyer. C. NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS OR SPECIFIC PERFORMANCE. No.

1. Will the CSCU provide a second Q&A period, for Proposers selected for the second part of the solicitation process? Yes. All participants who successfully qualify to bid in the auction may engage in the second Q&A period.

1. Has CSCU installed (within past 24 months), is currently installing, or has plans to install, any behind the meter generation, at any of the facilities, that will reduce the Contractors serviceable load? If so, can CSCU provide the size of generation (kW), fuel type, purpose (backup, peak shaving, base load), and the in-service date?

Fuel Cells Installed in the past 24 months:

Central Connecticut State University Account: 51063023048

· Used for base load

· Commercial Operation Date: 4/3/2025

· Size: 2,000kW Naugatuck Valley Account: 51756553012

· Used for base load

· Commercial Operation Date: 1/21/2025

· Size: 350kW Manchester Account: 51483942025

· Used for base load

· Commercial Operation Date: 12/31/2024

· Size: 250kW

1. Are there any additional planned load saving measures expected to come online?

Planned Fuel Cell to be installed within the next 12 months:

Housatonic

· Used for base load/net metering

· Size planned: 460kW

· Host & Net metering to accounts:

1. Can CSCU confirm that annual changes in ICAP tags are not considered a Regulatory Change? Changes in ICAP tags are not considered a Regulatory Change.

1. In the RFQ “Full Requirements Electricity Supply” definition, it states: “Such firm, full requirements electricity shall be equivalent to the relevant to LDC’s basic service product.” Please confirm that “equivalent…basic service product.” does not refer to matching the LDC Standard Service rate for the applicable Standard Service term. There is no requirement to match the LDC’s Standard Service Rate.

1. Can CSCU respond to the following items from the cost component table:

5. Can CSCU confirm that ISO-NE has replaced their Forward Reserve program with the DASI program and that Locational Forward Reserves are not to be included in the price? DASI did replace the forward reserve market, and Locational Forward Reserves should not be included in the price. Please see updated table at the end of this amendment.

5. Can CSCU confirm that the Exhibit B provided did not include: “Any Additional Green (Renewable Energy Credits -RECs)…” and that Contractors will have the ability to ask questions when this information is provided? Reiterate language from the contract surrounding green requirement for green tranches.

5. Can CSCU confirm that since the CT LDCs use Rate Ready consolidated billing, and that “Day-Ahead Ancillary Services Initiative (DASI)” is being asked to be passed through, the Contractor will have the ability to invoice the pass-through items separately on a Supplier invoice? Ideally, CSCU would prefer that the rate, as charged on the consolidated bill, be adjusted on an agreed-upon interval. That interval could be quarterly or semi-annually, every six months. All bids on the tranche which treats DASI as a pass-through should exclude the cost of DASI. However, for billing purposes, the supplier may add in the estimated cost of DASI for that quarter or six month period to the single line item on the consolidated bill. The following quarter or six month period, the supplier may adjust its rate to true up any over- or under-charges of the DASI component.

Alternatively, if a supplier cannot accommodate this billing approach for DASI pass-through, CSCU will accept a separate bill for the DASI component only. The supplier may deliver this separate bill quarterly or semi-annually to each billing address. Suppliers should indicate in their technical responses which billing approach they intend to take when treating DASI as a pass through.

1. Can CSCU confirm that costs associated with orders issued by the Department of Energy under Section 202(c) of the Federal Power Act are to be passed through. These costs are new, highly variable, and unpredictable in nature and inconsistently charged between ISOs (i.e. not always PLC or NSPLC or kWh based in each territory). These would be passed through applying the Regulatory Change provision.

1. ISO-NE is currently developing the Capacity Auction Reforms (CAR) project which would retire the current Forward Capacity Auction (FCA) 3-year structure and replace with a prompt 1-year or seasonal auction structure. Can CSCU confirm that if the project is implemented, it would be considered a Regulatory Change and that the Contractor would have the ability to pass through the resulting charges or discounts? Confirmed.

1. Section 5 of the RFQ states: “However, only one Supplier will be awarded a Contract to serve any one (1) individual account”. Can CSU confirm that all accounts in the RFQ will be awarded to a single Supplier? Or will accounts be separated into multiple groups and each group awarded to a single supplier? As of now, CSCU plans to award all accounts to a single supplier; if CSCU decides to split accounts into different tranches, that will be clearly communicated to all suppliers.

1. Please confirm that the requests for renewable energy specified in the RFQ – “PRICING PRODUCTS” will be consistent with the requirements of the CT Public Utilities Regulatory Authority (PURA) Voluntary Renewable Offers (VRO) Order. Confirmed.

1. Section 9. “Termination, Cancellation and Expiration” states: “…reimburse the Contractor for its Performance rendered and accepted by CSCU in accordance with this Contract, in addition to all actual and reasonable costs incurred after Termination or Cancellation in completing those portions of the Performance which the Contractor was required to complete by the notice”. Please confirm that the Contractor would be able to charge a termination fee, less “anticipated or lost profits”, for market losses associated with undelivered future quantities. The language in the RFP addresses termination reimbursement and does not allow for reimbursement of anticipated or lost profits.

1. Section 9. “CONTINUITY OF SERVICE” states: “…shall be the Contractor's responsibility to coordinate with the LDC as necessary to resolve issues related to the LDC's regulated services…”. Since the Contractor does not have responsibility for the LDC’s regulated services, will CSCU amend to state: “…shall be the Contractor's responsibility to coordinate with the LDC as necessary to resolve issues related to the Contractor’s ability to service the Customer’s accounts.”? “It shall be the Contractor’s responsibility to coordinate with the LDC as necessary to resolve issues related to the LDC’s regulated services and to ensure the reliable supply of electricity to the facilities included in this Contract. Metering services shall continue to be provided by the LDC. If at any time -- unless under a condition of Force Majeure, fault of the LDC, or breach by CSCU -- an account covered by this Contract is forced to accept Standard Office Service Rates from the LDC serving in its capacity as the utility supplier of last resort, the Contractor shall be responsible for payment of any additional electric costs incurred over and above the Contract award price. In addition, the Contractor shall promptly, within two (2) weeks, notify CSCU if the Contractor learns that the LDC has removed an account from supply and placed it on basic service resulting from the actions of the Contractor other than in connection with the expiration of the Contract. If the Contractor fails to notify CSCU promptly, a reconciliation will be implemented consistent with the difference between the rate for such basic service and the rate charged by the Contractor.”

1. Please clarify whether supplier(s) and CSCU may negotiate the provisions of the draft contract in good faith prior to the bid date. The contract has been pre-reviewed and approved by the CT office of the attorney general to facilitate expedited approvals. Any changes made may be rejected by that office. CSCU reserves the right to review, reject, and in some cases accept minor requests to the contract submitted as part of a proposer’s technical submission.

1. In the event CSCU or the State fails to timely pay supplier for its services, what remedies for the Contractor (winning supplier(s)) will be included in the contract between the parties. Currently, the contract only provides remedies for the Contractor’s default. Any late payment charges shall be calculated in accordance with Connecticut General Statutes § 4a-71. Please see paragraph 4 of the Master Contract.

1. Section 15 of the draft contract provides for the supplier to indemnify the State, CSCU, etc. for Claims resulting from a supplier’s Acts. In the event indemnity is sought by CSCU, Proposer’s practice is for its legal representation regarding any Claims to be chosen in its sole, discretion. Please confirm that deletion of the following contract language is acceptable: “Contractor shall use counsel reasonably acceptable to the State in carrying out its obligations under this section.” This language cannot be deleted.

1. Supplier proposes that the cure period in Section 9 of the draft contract be amended to ten (10) business days to eliminate the State unilaterally setting a cure period for the winning supplier during the term of the contract. Is CSCU willing to modify the applicable language to provide that the cure period will be agreed upon by the parties prior to award? If either party breaches the contract in any respect, the non-breaching party shall provide written notice of the breach to the breaching party and afford the breaching party an opportunity to cure within ten (10) days from the date that the breaching party receives the notice. In the case of a Contractor breach, any other time period which CSCU sets forth in the notice shall trump the ten (10) days. The right to cure period shall be extended if the non-breaching party is satisfied that the breaching party is making a good faith effort to cure but the nature of the breach is such that it cannot be cured within the right to cure period. The notice may include an effective contract termination date if the breach is not cured by the stated date and, unless otherwise modified by the non-breaching party in writing prior to the termination date, no further action shall be required of any party to effect the termination as of the stated date. If the notice does not set forth an effective contract termination date, then the non-breaching party may terminate the contract by giving the breaching party no less than twenty-four (24) hours’ prior written notice. If CSCU believes that the Contractor has not performed according to the contract, CSCU may withhold payment in whole or in part pending resolution of the performance issue, provided that CSCU notifies the Contractor in writing prior to the date that the payment would have been due in accordance with Exhibit B.

1. In the draft contract, Section 46 Cross-Default -- Contractor’s failure to perform under one contract with any State of Connecticut-related entity is unlikely to affect the Contractor’s ability to perform under any other contract. Is CSCU willing to delete this provision or in the alternative, limit any such cross-default provision to the following: (i) contracts between Contractor and the same State of Connecticut-related entity and (ii) instances of gross negligence, willful misconduct, fraud, and insolvency/bankruptcy. The language in the contract will remain unchanged.

1. Is CSCU willing to amend the draft contract to include the following Limitation of Liability provision? Please confirm agreement with amending the draft Contract to include the following language: Notwithstanding any other provision of the Contract to the contrary, neither party nor their respective officers, directors, shareholders, associates, employees, agents, representatives, successors and assigns, shall be liable to the other party for any consequential, exemplary, special, incidental, or punitive damages (including, without limitation, lost opportunities or lost profits) which are connected with or resulting from Claims arising out of, or in connection with, the performance or non-performance of a party’s obligations under the Contract. The entire liability of each party for any and all Claims will be limited to direct actual damages, subject in all cases to an affirmative obligation of each party to mitigate its damages.” The Limitation of Liability provision remains unchanged.

1. Please provide the official legal entity name for each service account given the multiple entities part of this bid. This is not provided in the data. We will add a column titled “Official Legal Entity Name.”

1. Please detail the award/contract process including who has the authority to bind the unidentified legal entities and how and when that will be accomplished. CSCU will be the contracting authority for all accounts included in this procurement.

1. Page 9 – “REGULATORY CHANGE” states: “This notice must be provided to CSCU thirty (30) days prior to the implementation of the regulatory change.”. Sometimes regulatory changes can be passed, but not become effective for months or years. Can the CSCU confirm that “implementation of the regulatory change.” means notice is provided 30 days prior to when the contractor is implementing the charges or discounts? Confirmed.

1. Please confirm whether the reference in 24(b) of the draft contract to “Title 4a concerning State purchasing, including, but not limited to 22a-194a concerning the use of polystyrene foam” is a valid reference for the scope of these services as this RFP is for electricity supply. The language cannot be removed.

· Exhibit A references including RMR costs - however, ISO‑NE does not publish a formal RMR charge. As a result, we are unable to fix this component at this time and would instead pass through any applicable RMR costs at no mark‑up. Please confirm whether this will disqualify our bid. If there are no known RMR charges, do not include them. Any charge that comes about would be a change in law and can be passed through.

· ESI is listed as a required component, but this was rejected by FERC several years ago and is no longer applicable. Please advise on how you would like this addressed in our response. ESI is not a required component. Fuel Security-Energy Security Initiative (June 2024 – beyond) was listed as a pass through in case it becomes relevant again; we have amended the name to “Fuel Security Initiative (June 2024-beyond).” Please refer to the tables at the end of this amendment.

How are you expecting to have the DASI component of the customer’s supply billed to CSCU if it is Passed Through? Will you be looking to have the rate changed on an agreed-upon basis to reconcile the costs incurred by the supplier? Ideally, CSCU would prefer that the rate, as charged on the consolidated bill, be adjusted on an agreed-upon interval. That interval could be quarterly or semi-annually, every six months. All bids on the tranche which treats DASI as a pass-through should exclude the cost of DASI. However, for billing purposes, the supplier may add in the estimated cost of DASI for that quarter or six month period to the single line item on the consolidated bill. The following quarter or six month period, the supplier may adjust its rate to true up any over- or under-charges of the DASI component.

Alternatively, if a supplier cannot accommodate this billing approach for DASI pass-through, CSCU will accept a separate bill for the DASI component only. The supplier may deliver this separate bill quarterly or semi-annually to each billing address. Suppliers should indicate in their technical responses which billing approach they intend to take when treating DASI as a pass through.

· When bidding, should suppliers submit rates with DASI excluded? For the tranche which treats DASI as a pass-through, suppliers should submit rates with DASI excluded. A tranche has been added which includes DASI as a fixed cost. Please review the tables at the end of this amendment.

· Many suppliers' systems have DASI grouped into their general ancillary cost bucket, not allowing them to bid a DASI pass through product without also passing through various other costs. We are set up to bid with DASI as a pass-through product but want to ensure that the bids are compared apples to apples. The tranche which requires DASI to be passed through also requires other ancillaries to be fixed. This will remain unchanged. However, a tranche has been added which includes DASI as a fixed cost. If a supplier opts to bid on this tranche, fixing DASI as well as other ancillaries, no true-ups will be permitted as part of the DASI fixed price bid. DASI will be fixed for the length of the contract. Please review the tables at the end of this amendment.

2. Should suppliers be bidding on these accounts as a singular consolidated group? For accounts that are grouped together, they must be bid at the same price.

3. Is there a different credit rating form that is acceptable in replacement of S&P or Moody’s? We do not have one. Typically, Dun & Bradstreet is acceptable when we are submitting. Proposers are expected to submit a credit rating if they have one, but a Dun & Bradstreet report is acceptable as well.

4. For the Certificate of Insurance, does CSCU need to be a named insured? Yes. Please see paragraph 14(e) of the Master Contract.

1. Price Component Table: Installed Capacity “ICAP” Tag and Capacity auction/settlement prices. In the event of capacity tags, capacity rates and scale factors changing over the course of the contract (from planning year to planning year), is it allowable to pass through the impact of such changes through a charge or credit?

0. How does CSCU expect suppliers to address including Capacity beyond the 27/28 Planning Year?

CSCU is requesting that capacity be included and fixed in the suppliers’ bids. In the event of capacity tag changes, passing through the change will not be allowable. Capacity rates and scale factors can change beyond known years.

1. Section 9 Continuity of Service: Section states, “If at any time -- unless under a condition of Force Majeure, fault of the LDC, or breach by CSCU -- an account covered by this Contract is forced to accept Standard Office Service Rates from the LDC serving in its capacity as the utility supplier of last resort, the Contractor shall be responsible for payment of any additional electric costs incurred over and above the Contract award price. Is the University system open to amending this language to make Contractor responsible only for damages specifically caused by Contractor? CSCU will not be amending this language.

1. Section 4 Acquisition Method: Regarding the statement: “All bids submitted through the auction platform on the day of the auction are considered binding until 2:00 PM ET that day.” In the event of an adverse market movement before notification of award, can the offeror withdraw pricing before 2:00 PM ET? What is the process to notify CSCU/Enel of the withdrawal of pricing? The CSCU will issue notice of award by electronic mail to the selected supplier on behalf of all agencies listed in the Data Exhibit. Notice of award is official, and the selected Supplier will receive a notice of award email on the bid date, no later than 2:00 PM ET. Please see sample award language below:

This email shall serve as official notification from CSCU that the supplier has been awarded the bid for CSCU RFQ #NNNN, pending the final execution by both parties and the Office of the Attorney General of the Master Contract for the Purchase of Electricity.

Price Group Description: CSCU Accounts Green Percentage: X% Term: X Months LDC: Eversource and UI Winning Bid: $0.0XXX/kWh

1. Can CSCU please provide a table or list that summarizes the obligations of the awarded Contractor throughout the contracted term (reporting or otherwise) that go beyond the scope of selling and billing for electricity consumption? Please read all contracting documents.

1. Will there be separate bidding tranches on Enel’s platform for both Renewable and Non-Renewable supply products? There will be separate bidding tranches for Renewable above the RPS and strictly RPS.

1. Can CSCU confirm that the accounts listed below SHOULD NOT BE included in this RFP:

51665142071_070404003 51395694094_070103002 51484816095_051333001 51876583022_643362003 51837934090_531504001 51876583022_380852003 51876583022_577362001 51205077035_359173000 51946223054_105812006 51114642069_046071000 51550915060_827914000 51876583022_735673008 51876583022_647662000 51395058092_611393006 51756714069_526793003 51907369037_017814005 51011769007_833914003 51785270190_969444003 1110069222020 1110066900021 3000000039032 Any account additions or deletions will continue to be tracked in the Data Exhibit. Please continue to check the Data Exhibit for updates to the account list.

Can CSCU confirm that the accounts listed below SHOULD BE included in the RFP:

51014034045_049134007 51946223054_337644003 51014034045_224134009 51014034045_226883001 51014034045_596783003 51014034045_605883008 51466760113_877973006 51524070109_175444004 51651553026_272932007 51936960160_250544007 51947699005_714624007 51113330187 51043320167 Any account additions or deletions will continue to be tracked in the Data Exhibit. Please continue to check the Data Exhibit for updates to the account list.

8. Price Component Table: Financial Transmission Rights (FTR): We are unclear of the intent here. Typically, an FTR is a hedge instrument purchased by the supplier to manage congestion risk associated with serving retail load. It is unclear what FTR settlement is intended to be included in the contract price. Removed. Please refer to updated tables at the end of this document.

9. Bandwidth/Material Change: It is understood that CSCU is requesting full swing with a full bandwidth provision. The Material Change section mentions the possibility of construction projects and suspension of service. Are there any known projects that will impact usage during the span of this contract? Yes, included here:

Planned Fuel Cell to be installed within the next 12 months:

Housatonic

· Used for base load/net metering

· Size planned: 460kW

· Host & Net metering to accounts:

The tables below have been updated based upon this Q&A.

Full Requirements with DASI Passed Through

Day-Ahead Ancillary Services Initiative (DASI)

X

Fuel Security (June 2024 – beyond)

X

Full Requirements with DASI Fixed

Fuel Security (June 2024 – beyond)

X

Please acknowledge receipt of this Amendment as part of your technical submission.

Printed Contractor Name

Proposer Name of Authorized Official

Signature of Authorized Official