The Township of Piscataway

Bid Specifications & General Requirements for:

Bid for the Supply of Government Energy Aggregation

Bid No. GEA 19/20-1

February 26, 2020

Required bid documentation must be delivered as indicated

in these specifications to the:

Office of the Business Administrator

Educational Services Commission of New Jersey

1660 Stelton Road

Piscataway, New Jersey 08854

(732) 777-9848

www.escnj.us

Energy Agent Consultant

Good Energy, L.P.

232 Madison Avenue, Third Floor

New York, NY, 10016

Bid Advertisement

The Township of Piscataway hereby advertises for competitive bids in accordance with N.J.S.A. 40A:11-1 et seq. for the aggregation of residential electric service pursuant to N.J.S.A. 48:3-92, 93, 94, N.J.S.A. 48:3-85 and N.J.A.C. 14:4-6. Good Energy acting as the Energy Agent with assistance from the Educational Services Commission of New Jersey.

Bid No. GEA 19/20-1Supply of Government Energy Aggregation Electricity for

Eligible Residential Customers of The Township of Piscataway, New Jersey

Bid Opening: February 26, 2020 @ 11:00 a.m.

The respondent is requested to provide a proposal to the Township of Piscataway, County of Middlesex, State of New Jersey, for the Supply of Electricity for a fixed term to residential electrical customers of the Township of Piscataway. All required information except pricing information must be submitted to the Educational Services Commission of New Jersey in a sealed envelope with the RFB name and number clearly marked on the front of the envelope/package by 11:00 a.m. on February 26, 2020. Pricing information should be delivered electronically and must be delivered between 10:45 a.m. and 11:00 a.m. on TBD, 2020 to the email address listed in these specifications (hard copies will be accepted if received prior to the bid opening). Only pricing information may be delivered electronically; all other required information (including forms) must be delivered via hard copy by 11:00 a.m. on February 26, 2020. Proposal documents may be downloaded from the web at www.escnj.us/bidding , or mailed to 1660 Stelton Road, Second Floor, Piscataway, New Jersey 08854. Anyone downloading bid specifications from our website shall notify the Commission so that we can send any possible addenda to you. Any questions regarding this RFB must be sent in writing to Mr. Charles de Casteja at charles@goodenergy.com with a copy to Mr. Patrick M Moran at coop@escnj.us and will be accepted up until February 18, 2020. Vendors will be charged $50.00 for a hard copy of the bid. The Township of Piscataway reserves the right to reject any or all proposals in whole or in part, to waive any formalities or irregularities in any proposal, and to accept the proposal, to the extent permitted by law (N.J.S.A. 48:3-92), and “Local public Contracts Law” P.L. 1971 c. 198 (C. 40A:11-1 et seq.) that are in the best interest of The Township of Piscataway and the end users of the required electricity.

*Sealed bid information must be sent to:

Educational Services Commission of New Jersey

1660 Stelton Road

Piscataway, New Jersey 08854

Attn: Patrick M. Moran

School Business Administrator/QPA

*Label on the outside of the envelope that the enclosed information is in response to “Government Energy Aggregation, Bid #GEA 19/20-1.”

The proposal must be submitted in the format required by the Educational Services Commission of New Jersey. No late submissions will be accepted. All properly submitted sealed proposals will be publicly opened, and reviewed by the bid committee in the Office of the Business Administrator.

1.0SUMMARY AND DEFINITIONS

Good Energy, L.P. is serving as Energy Agent for The Township of Piscataway, New Jersey for the “Energy Aggregation Program (“The Township of Piscataway EAP”) pursuant to an agreement with The Educational Services Commission of New Jersey ( ESCNJ) in attempt to obtain government aggregated electrical service, including the enhanced renewable energy product, at rates that may reasonably be expected to save residential customers money when compared to basic generation services rates available from the LDC.

The Township of Piscataway is using an opt-out process as permitted by the New Jersey Board of Public Utilities (“BPU”) to obtain pricing and provide service to residential electrical customers that reside in The Township of Piscataway. The successful vendor of electricity will be required to notify the eligible residential electrical customers that reside in The Township of Piscataway, of this program prior to full implementation and after the receipt of bids for electrical service. The Township of Piscataway residents who do not opt-out of the program will be automatically enrolled; The Township of Piscataway residents who opt-out will either remain with the utility or another third-party electrical services provider that they have selected.

The Township of Piscataway will maintain a list of residential customers that have provided notification that they prefer to be excluded from all future GEAs. The Do Not Disturb list will be kept current throughout the program.

It is the intent of The Township of Piscataway to award a single contract to a single vendor for the provision of all the electricity required under this program. The Township of Piscataway may award to more than one TPS per N.J.A.C. 14:4-6.3 however each customer shall receive electric service from only one TPS, as required by law.

The bidding process consists of two separate phases, both of which must be completed by prospective respondents in order to be awarded a contract. The first phase, described below, requires the submission of original, signed hard copies of various documents by 11:00 a.m. on February 18, 2020.

DEFINITIONS:

“Administrative Fee” means reimbursable, out of pocket The Township of Piscataway EAP program expenses in the amount of $2,000.00 actually incurred by Government Aggregator in connection with the implementation and administration of the Piscataway EAP program and payable by Supplier to Government Aggregator pursuant to N.J.A.C. 14:4-6.8(d) as reflected in invoices and vouchers authorized and paid by the government aggregator or their designee.

“Aggregation” shall mean the pooling of residential retail electric loads located within The Township of Piscataway for the purpose of soliciting bids and entering into service agreements to facilitate the sale and purchase of electricity.

“Aggregation Member” shall mean a residential account enrolled in the Aggregation Program.

“Basic Generation Service” (BGS) means electric generation service that is provided to any customer that has not chosen an electric power supplier, as defined herein, whether or not the customer has received offers for competitive supply options; including, but not limited to, any customer that cannot obtain such service from an electric power supplier for any reason, including non-payment for services. Basic generation service is not a competitive service and shall be fully regulated by the BPU.

“BPU” means the New Jersey Board of Public Utilities, or its successor.

“Budget Billing” means an arrangement whereby Supplier, rather than invoicing and collecting monthly charges from a customer equal to actual monthly metered usage multiplied by the Contract Price, instead invoices and collects an equal amount each month, which equal monthly amount is derived by multiplying estimated total usage over the contract term by the Contract Price, and then dividing that total amount by the number of months in the contract term. Customer shall pay for actual usage via an annual true-up as described in Section 5.5 in Appendix A – Master Performance Agreement.

“Consultant” shall refer to Good Energy, L.P.

“Contract Price” means the $/kWh price for Electric Generation Service, inclusive of the costs for energy, capacity, network transmission, ancillary services, losses, scheduling, PJM ISO administrative services, RPS compliance, compliance with Enhanced Renewable Energy Requirement, if any, and inclusive of Administrative Fees and Energy Agent Fees, and all applicable taxes including 6.625% New Jersey State Sales and Use Tax, for Participating Residential Accounts as set forth in the Award Letter.

“Default Tariff Service” shall mean the electricity supply services available to eligible retail residential customers of the Electric Distribution Company.

“EDC” shall mean Electric Distribution Company, an electric public utility as defined by the BPU that provides service in The Township of Piscataway.

“Electric Generation Service” means the provision of retail electric energy and capacity, which is generated off-site from the location at which the consumption of such electric energy and capacity is metered for retail billing purposes, and includes agreements and arrangements related to the provision of the retail electric energy and capacity.

“Eligible Customer” shall mean a residential customer of the utility not currently enrolled with a TPS and that are not identified as having an on-site, net-metered renewable energy system.

“Energy Agent” means a person that is registered with the Board pursuant to N.J.A.C. 14:4-5, and is thereby authorized to arrange the retail sale of electricity, electric related services, gas supply or gas related services between government or private The Township of Piscataway and electric or gas power suppliers, but does not take title to the electric or gas sold, and has been retained by Government Aggregator to provide consulting services in connection with The Township of Piscataway program at no direct, out-of-pocket expense to the Government Aggregator; specifically with respect to this Agreement the Energy Agent is Good Energy, L.P.

“Energy Agent Fee” means a fee of .00095 per kWh included in the Contract Price and payable by Supplier to Good Energy for Energy Agent Consulting Services in connection with energy consulting services provided to Government Aggregator, as provided for in the RFB. Within thirty (30) days of the Effective Date, Supplier shall enter into an energy agent agreement with Energy Agent under which it will make either monthly or quarterly payments to the Energy Agent equal to the Energy Agent Fees collected through the Contract Price from THE TOWNSHIP OF PISCATAWAY EAP Participants.

“Enhanced Renewable Energy Product” means that the base power supply product being provided to all residential accounts participating in The Township of Piscataway EAP include an additional 10% New Jersey RPS-compliant Class I renewable energy content above and beyond the amount of renewable energy content (Class I + Class II + solar) required by virtue of the New Jersey RPS. Therefore, the renewable energy product required to be provided by the selected THE TOWNSHIP OF PISCATAWAY EAP supplier(s) will consist of the RPS-mandated amount of renewable energy for each contract period, plus an additional 10% New Jersey RPS-compliant Class I renewable energy. In addition, the power supply will also offer a 100% New Jersey RPS-compliant Class I renewable energy option on an Opt-In basis only to eligible account holders.

“Load” shall mean the total demand for electric energy required to serve the residential customers in The Township of Piscataway.

“Local Distribution Company” (LDC) means and electric public utility, a gas public utility, or both, as those terms are defined by law (N.J.AC. 48:3-92).

“Opt-out” means an electric customer to affirmatively indicate a choice not to participate in a program in which the customer would be automatically included unless the customer affirmatively indicated the intention not to participate.

“Opt-in” means an electric customer to affirmatively indicate a choice to participate in a program from which the customer would be automatically excluded unless the customer affirmatively indicated the intention to participate.

“Participating Residential Accounts” means residential electric accounts located within the Township that are reported by the LDC to be receiving Electric Generation Service under the LDC’s BGS tariff, and that do not opt-out of The Township of Piscataway EAP, are not rejected for enrollment by the LDC under a consolidated billing, do not rescind their switch to Supplier as part of their enrollment in The Township of Piscataway EAP, do not otherwise terminate their participation in The Township of Piscataway EAP or have their participation terminated by the Governmental Aggregator, or that do not have their Third-Party Service terminated by Supplier under the terms of this Agreement or by the LDC.

“PJM” shall mean the Pennsylvania Jersey Maryland interconnect (“PJM Interconnection, LLC”), an independent system operator operating the regional electric transmission system and serving The Township of Piscataway.

“Pricing Period” shall mean the period of time a fixed, full-requirements offer is available to Aggregation Members.

“PSE&G” shall mean Public Service Electric and Gas, a regulated utility in the State of New Jersey.

“REC” Electricity will come from 100% renewable resources and will be provided in the form of a fully-bundled electricity product, satisfied by using Renewable Energy Certificates (RECs).  Each REC represents the attributes of 1000 kWh (1 mWh) of electricity generated by renewable generating technologies.  In all cases, the RECs must meet the U.S. Environmental Protection Agency's Green Power Partnership's definition of eligible green power resources, vintage requirements, and "new" requirements as detailed here:

(http://www.epa.gov/greenpower/documents/gpp_partnership_reqs.pdf).

“RFB” means the Request for Bids for Electric Generation Service and Government Energy Aggregation Administrative Services issued by Government Aggregator on February 10, 2020, including any addenda issued and attached to the RFB.

“Residential Customer” shall mean those retail customers of electricity that belong to the Residential tariff class as determined by the BPU and the utility.

“Third Party Supplier” or “TPS”, otherwise referred to in BPU rules as a licensed “electric power supplier,” means a person that is licensed by the Board to offer, and to assume the contractual and legal responsibility to provide, electric generation service for use by retail customers. This term includes, but is not limited to, load serving entities, marketers and brokers that offer or provide electric generation service for use by retail customers. An electric power supplier generates electricity or buys electric generation, and sells it to others for use by retail customers. An electric public utility that provides electric generation service only for the purpose of providing basic generation service is not a TPS.

(TPS) shall mean a person or firm licensed by the BPU as an electric power supplier who may offer pricing and assume contractual responsibility to provide electric generation service to retail customers and has the meaning assigned to this term at N.J.A.C. 14:4-1.2.

“Utility” shall mean LDC.

1.1SUBMISSION OF BIDS

There are two phases that MUST be completed in order to submit a valid bid.

The first phase includes the submission of documents with ORIGINAL signatures by hard copy and by electronic copy (flash drive) to the ESCNJ offices by 11:00 a.m. on February 18, 2020. These documents may be submitted prior to the deadline and will be opened and reviewed at 11:00 a.m. on February 26, 2020 by the ESCNJ. If defects are discovered in the documents, the bidder may have an opportunity to correct defects if time and law permit.

The following documents are required to be delivered in an envelope both as a hard copy with original signatures and as an electronic copy (flash drive) marked “Energy Aggregation Phase One” and submitted by 11:00 a.m. on February 18, 2020 to the ESCNJ, Attn: Business Office, 1660 Stelton Road, Piscataway, New Jersey 08854:

1. Non-Collusion Affidavit (form included below in these specifications)

2. Request for Clarifications, IF ANY (form included below in these specifications)

3. Political Contribution Disclosure Form (form included below in these specifications)

4. Disclosure of Investment Activities in Iran Form (form included below in these specifications)

5. Acknowledgement of Addenda (form included below in these specifications)

6. Affirmative Action Language signed (form included below in these specifications)

7. Copy of your BPU-Issued Electric Power Supplier License

8. IRS Form W-9 if you are an unincorporated entity; and

9. The Supplier Qualifying Responses to the questions listed on the form below

10. Sample Supplier Opt-out Letter

11. Statement of Ownership Disclosure Form

12. Statement of Suspension or Debarment Form

13. New Jersey Business Registration Certificate (prior to award)

14. Certificate of Employee Information Report or a current Federally Approved Affirmative Action Plan.

In addition to submitting the forms above, all prospective vendors should submit a test email to Good Energy at charles@goodenergy.com and to ESCNJ at bids@escnj.us indicating the bidder’s name, email address, phone number, fax number, address and name of person responsible for the bid at least four (4) weekdays in advance of the opening of the electronic bidding window.

Phase Two of the bidding process is the submission of electronic bid pricing in the required format during the bidding window which shall be from 10:45 a.m. to 11:00 a.m. on February 26, 2020. Detailed instructions are contained below.

Any bid response received after the due date will not be accepted. Failure to comply with this requirement will result in rejection of the response.

The successful bidder is required to sign the resulting contract.

Any changes or alterations to this schedule will be communicated to all participants.

Pricing Instructions for Phase Two Electronic bids are to be addressed to bids@escnj.us using the bid template provided. The Phase Two bidding window will open at 10:45 a.m. and close at 11:00 a.m. on February 26, 2020. It is anticipated that contracts will be signed by close of business on February 26, 2020. The final contract will be awarded by The Township of Piscataway based on the recommendation of the Energy Agent.

Questions regarding the supply of electric aggregation services, pricing and contract issues must be directed in writing to Mr. Charles de Casteja of Good Energy, L.P. Mr. de Casteja may be reached at charles@goodenergy.com. Any such questions MUST be in writing and responses will only be provided in writing.

1.2INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Commission. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Business Administrator at coop@escnj.us. In the event the bidder fails to notify the Commission of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to any bidder. Any and all such interpretations and any supplemental instructions will be in the form of written clarification and/or addenda to the specifications, and will be distributed to all prospective bidders, in accordance with statute. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder. All clarifications and addenda will be posted on the ESCNJ website under the “ESCNJ Co-op” link. It is the responsibility of the bidder to check the ESCNJ website on a daily basis for any possible clarifications or addenda. (www.ESCNJ.us/bidding ). All changes to the bid specifications will be issued to all registered bidders as addenda.

The Commission’s interpretations or corrections thereof shall be final.

D. 1. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

1.3BRAND NAMES, STANDARDS OR QUALITY, PATENTS

The contractor shall hold and save harmless the Commission, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

1.4AWARD OF BID

A. The Township of Piscataway will award a contract based on lowest price, yet reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, if it is in the best interest of The Township of Piscataway to do so pursuant to N.J.S.A. 48:3-92 and “Local public Contracts Law” P.L. 1971. C. 198 (C. 40A:11-1 et. Seq.) Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected.

The standards for selecting a supplier(s) will be:

1. Has the supplier provided a complete and responsive bid?

2. Has the supplier demonstrated the ability to perform under this contract?

3. Has the supplier provided the most advantageous pricing? Pricing shall be evaluated based on a weighted calculation by rate class and estimated usage. The additional benefits associated with the enhanced renewable energy product in terms of meeting the Participating Municipalities' sustainability and carbon reduction priorities

4. The Energy Agents recommendation based on the pricing offered and current market conditions.

B. The successful vendor(s) are expected to commence the provision of electric generation service to The Township of Piscataway at the first meter reading in May 2020. The term of the contract may be either 15, 16, 17, or 18 months at the discretion of The Township of Piscataway. The parties have an option to renew pursuant to Public Contracts Law.

All other suppliers whose price proposals are determined to not provide sufficient savings for residential customers will be eliminated from further consideration. If none of the price proposals assessed in Step 3 is determined by The Township of Piscataway to produce sufficient savings to residential customers to warrant the implementation of the program, then The Township of Piscataway will not proceed to Step 4, and no award will be made.

Step 4:

Based upon the following considerations, The Township of Piscataway will determine, in consultation with The Township of Piscataway, the supplier(s) that provides the most overall benefit for the Participating Residential Customers, and will make an award to that supplier(s): l ) the total savings for Participating Residential Accounts determined in Step 3 for each contract term as well as the value of less-frequent switches of supplier and longer-term price certainty, if any, associated with longer contract lengths; 2) the qualification ranking in Step l & 2; 3) the additional benefits associated with the enhanced renewable energy product in terms of meeting the Participating Municipalities' sustainability and carbon reduction priorities; and 4) the additional benefits, if any, as determined by The Township of Piscataway, associated with pricing proposals for the alternative contract language that (added section 2.1.5 of the MPA) that provides The Township of Piscataway with the opportunity to renegotiate the contract price or terminate the contract in the event that the average BGS tariff price applicable to the Participating Residential Accounts falls below the Contract Price.

BGS Tariff Price:

All accounts included in this RFP are eligible for electric generation service from the LDC under a Basic Generation Service -Residential Small Commercial Pricing (BGS-RSCP) tariff

For purposes of the analysis described above, the BGS Tariff Price benchmark will be determined in the following manner:

Residential Accounts:

The BGS Tariff Price equals the weighted average BGS-RSCP Tariff Price for the contract period for each residential tariff class , which is calculated by the Township (in consultation with its energy agent) by applying individual price components of Basic Generation Service for the applicable tariff (inclusive of energy, generation capacity, ancillary services and related cost as well as Transmission Charges and all applicable Transmission surcharges) to the applicable billing determinants for each tariff class as broken down by season, energy block and time-of-use for each applicable tariff class, where applicable and consistent with the breakdown of Basic Generation Service charges, to develop an average annual BGS-RSCP tariff price for each residential rate class. For purposes of price proposal evaluation, the Township (in consultation with the energy agent) will also consider the impact of estimated changes to BGS-RSCP tariff prices during the contract term.

1.5NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the Phase One documents.

1.6NON-DISCRIMINATION

There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. This provision shall include all requirements that fall under the Mandatory Equal Employment Opportunity Language N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27.

1.7REQUIRED AFFIRMATIVE ACTION EVIDENCE

NO FIRM MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, c. 127, AS AMENDED FROM TIME TO TIME, AND THE AMERICANS WITH DISABILITIES ACT.

A. Procurement, Professional and Service Contracts

All successful vendors must submit within seven days of the notice of intent to award or the signing of the contract one of the following:

(1) A photocopy of their Federal Letter of Affirmative Action Plan Approval, or

(2) A photocopy of their Certificate of Employee Information Repot, or

(3) A completed Affirmative Action Employee Information Report. (AA-302 Available upon request). A copy of the check send to the State of New Jersey will serve as proof of AA302 submittal.

1.8DELETED

1.9DELETED

1.10ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit, when required, a performance bond in the amount of the open balance of the contract.

1.11INSURANCE, ACCIDENTS, INJURIES, DAMAGES

A. If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or property of a Township resident in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accidents, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The contractor further covenants and agrees to indemnify and save harmless The Township of Piscataway, ESCNJ and The Energy Agent from the payment of all sums or money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any ESCNJ regulation, ordinance or the laws of the State, or the United States while said work is in progress.

B. The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided the ESCNJ when required. In all cases where a Certificate of Insurance is required, The Township of Piscataway, ESCNJ and The Energy Agent are to be named as additional insured.

1.12PAYMENT

Payment of invoices for electricity are the responsibility of the individual account holders and neither The Township of Piscataway, ESCNJ or Good Energy have any liability for the payment of such invoices.

1.13INDEMNIFICATION

The vendor agrees to indemnify and save harmless The Township of Piscataway, its officers, agents and employees, hereinafter referred to indemnities, from all suits, including attorneys’ fees and costs of litigation, actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers Compensation law, or arising out of failure of the vendor or those acting under vendor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of any nature whatsoever.

1.14CHALLENGE OF SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the ESCNJ no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

GENERAL INFORMATION:

EXTENSION OF PRICES COMMITMENT:

The contractor agrees to honor all orders from customers that are in compliance with the pricing, terms, and conditions set forth in this contract document.

Any unilateral limitations/restrictions imposed by the vendor on eligible contract users will be grounds for rejection of the bid or cancellation of the contract. If a contract, or any portion thereof, is cancelled for this reason, any additional costs incurred by the eligible purchaser will be borne by the contractor.

Firm Pricing – Prices quoted are to be firm for the entire contract period. “Take-or-pay” pricing will not be considered.

Vendor Responsibility On Accuracy – Vendors are responsible for the accuracy of their bids. All bidders are directed to take extreme care in developing their bids. Vendors are cautioned to carefully review their bids prior to the bid opening, as requests for bid withdrawals after the bids are opened are not likely to be granted. All clarifications and deviations must be noted in bids, otherwise the bid will be considered in full compliance with requirements and no adjustments may be made after award is issued. Bidders, in the preparation of their bids, should maintain complete and accurate calculation worksheets, which clearly support their submissions.

QUALIFICATION OF BIDDER:

The Commission reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. Bidders must be licensed by the Board of Public Utilities.

REFERENCES:

Upon request, all bidders must provide references including references from two of the

bidder’s largest customers. References shall be commercial or governmental accounts, and should demonstrate the ability of the vendor to perform jobs similar in scope to the size, nature and complexity of the outlined bid. The references shall include the:

· Name, address, contact person, telephone number, fax number, and number of years bidder has serviced the referenced account;

· Volume of business performed within the past three years for each referenced account.

FINANCIAL STABILITY:

If requested, bidder must document its ability to service a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past sales history. The bidder must be financially stable and able to substantiate the financial statements of its company. In addition to sales history, current financial statements may be requested and must be provided within five business days. The Commission reserves the right to request additional documentation from the bidder and to request reports on financial stability from independent financial rating services. The Township of Piscataway reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this bid. Should a change in ownership and/or financial control of the supplier occur during the term of the resulting contract, The Township of Piscataway reserves the right to review the successor’s financial condition and capacity and to require similar guarantees of financial surety and contract performance.

ENROLLMENTS AND DEPARTUERS:

Within about ten business days of the execution of a contract and notification of (LDC’s) should provide a list of the residential customers in The Township of Piscataway territory that are not already served by a third-party supplier.

Customers may terminate services from the Supplier without penalty. New eligible electric accounts shall be entitled to enroll during the term of the contract at the Contract Price and shall be included in periodic opt-out notifications. Customers changing residences within The Township of Piscataway may not be charged a termination, enrollment or switching fee. The Supplier shall continue service at the Contract Price for customers that have changed residences within The Township of Piscataway, provided that the customer elects to do so. It is understood that customers moving within The Township of Piscataway may experience service from (LDC) for a brief time.

The Power Supply Agreement may be terminated prior to the expiration of the term of the contract in the event that the Supplier commits any act of default. Acts of default include, but are not limited to:

1. Breach of customer information confidentiality

2. Disqualification of the Supplier due to the lapse or revocation of any required license, permit or certification

3. (LDC’s) termination of its relationship with the Supplier

4. Billing in excess of the approved rates and charges

5. Collecting or attempting to collect any charge other than the approved kWh rates and associated charges.

6. Failure to adequately perform customer service

REMITTANCE OF SALES TAX:

The successful vendor shall be responsible for the timely remittance of sales tax to the State of New Jersey. Failure to make prompt and accurate remittance of sales tax may be grounds for cancellation of the contract. Bidders must factor into their bid price the 6.625% NJ sales tax.

BILLING:

The successful vendor shall bill customers on a utility consolidated basis, i.e., a single bill that includes (LDC) charges.

SOLE PROGRAM OF PROVISION:

The successful vendor must agree not to solicit or contract directly with eligible The Township of Piscataway residents for service or rates outside of the aggregation program, and agrees not to use, share or sell customer data and information for any other purpose. Customer information is to be considered confidential as defined in N.J.A.C. 14:4-6.3(f) and is subject to protection under BPU rules.

SHARING DATA:

After the initial opt-out period, the Supplier must provide within 15 days to the ESCNJ and to Good Energy an initial account list of all eligible residential accounts that have been enrolled in the program and a list of all eligible residential accounts that have opted out of the program. Both lists must be transmitted as separate data files in a text-based, comma delimited format (.csv) and must contain, at a minimum but not limited to: account number, account name and premise address up to 3 lines.

CONDUCT OF OPT-OUT PROCESS:

It shall be the sole responsibility of the Supplier to conduct the Opt-out process with the residents of The Township of Piscataway in accordance with N.J.A.C. 14:4-6.6(r) Opt-out notice requirements. The BPU website contains suggestions for inclusions in the mailings that will be required to be mailed to all residential customers. All Opt-out mailing material must be approved in advance by Good Energy. There are approximately 17,151 residential electric customers in The Township of Piscataway territory and the load is approximately 117,033,227 kWh annually.

The Township of Piscataway will work with the selected supplier(s) to utilize the BPU-approved template of "opt-out" notice and contract summary matrix, in compliance with current, applicable BPU regulations, and customize it to the particulars of The Township of Piscataway EAP Program. A Spanish language version of the contract summary matrix must also be developed and be made available to requesting customers, in compliance with current, applicable BPU regulations. The Notification Letter will include the logo of both the municipality and the selected supplier, and will also include the following:

· Brief overview of THE TOWNSHIP OF PISCATAWAY EAP Program,

· Price for power and estimated % savings vs. PSE&G BGS tariff,

· Contract start date and Term of the contract,

· Statement that customer has the right to opt-out within the 30-day opt-out period and the deadline for doing so,

· Summary of rights and responsibilities under the MPA, including the Right to opt-out at any time’

· No exit fees, and

· Obligation to make payments of utility bill on time,

· Instructions on how to opt-out, including toll-free phone number, email (or web portal), or return of signed opt-out form,

· Contact name, phone number and email address for inquiries,

· Description of billing,

· Description of The Township of Piscataway EAP Enhanced Renewable Energy Product,

· Description of The Township of Piscataway EAP sustainability initiative

The postage-paid opt-out form must include the customer's name and PSE&G customer number (name and customer number not visible to the naked eye but embedded in a scan-able barcode or similar identifying mechanism) and a signature line.

The selected supplier(s) will, at its own expense, be responsible for the preparation of final proofs, preparation of envelopes, and reproduction and mailing of a package including the Notification Letter and contract summary matrix, Frequently-Asked-Questions (FAQs) and opt-out forms, in accordance with the schedule below. The selected supplier(s) must also be able to comply with any additional information and printing required by the BPU and Rate Counsel.

Opt-Out Notice, Opt-Out Administration. and Enrollment of Participating Accounts

Pursuant to BPU Rules, within 10 days after the postmark on the notice to the LDC of the identity of the selected supplier(s), the LDC shall provide The Township of Piscataway with the name, address and account number for each residential customer located in The Township of Piscataway is not already being served by a TPS. The Township of Piscataway expects to submit that request by no later than TBD, 2020 and to receive the customer-specific residential account information, in electronic format, by no later than the close of business on TBD, 2020. This file will be reviewed by The Township of Piscataway and its Energy Consultant in an attempt to identify any inconsistencies with municipal boundaries or other anomalies, and will thereafter be immediately provided to the selected supplier(s) (this shall be referred to as the "Eligible Residential Customer List").

By no later than TBD, 2020 the selected supplier(s) shall have completed the preparation of final proofs of the opt-out notification package, and the reproduction and mailing of opt-out notification packages to all residential customers on the Eligible Residential Customer List, such that all opt-out notice forms are post marked by no later than TBD, 2020.

The selected supplier(s) for the Participating Residential Accounts Pricing Group will be required to have capabilities to field and answer questions regarding the opt-out notice forms via a toll-free telephone line, which will be listed on the notice. The selected supplier(s) will provide a physical address where opt-out notice forms can be returned. The selected supplier(s) shall accept, maintain and create an electronic log of all customer opt-out requests received, including by returned opt-out, telephone request, email request, received via the Energy Agent, or other means. Supplier(s) shall maintain such record in electronic format and provide such information to The Township of Piscataway and/or the Energy Agent in a timely manner upon request. In the event that any of the mailed opt-out notices to residential customers are returned to the supplier(s) because they are undeliverable, these customers/accounts should not be initially included or enrolled in The Township of Piscataway EAP program; however, such customers are eligible for participation on an opt-in basis, and supplier(s) shall enroll such customers if they affirmatively opt-in to the program.

The initial 30-day opt-out period shall conclude on TBD, 2020, and the selected supplier(s) for the Participating Residential Accounts shall thereafter begin submitting electronic enrollment requests to PSE&G for all remaining residential customers (i.e., those that have not opted-out, otherwise referred to as Participating Residential Accounts), for service commencing with the May 2020 meter read date for each account. The selected supplier(s) must pull the enrollment for any customers whose opt-out notice or request is received after TBD, 2020 as soon as practicable.

Provided that it takes all necessary enrollment steps in a timely manner (i.e., submits all enrollment requests by no later than TBD, 2020, Supplier(s) shall not be responsible for errors or omissions of the LDC that result in a delay of enrollment of individual accounts. In the event that any of the account enrollments are rejected by the LDC, Supplier(s) shall bring these rejections to the attention of The Township of Piscataway or its energy agent and shall work with The Township of Piscataway or its energy agent to resolve in as timely a manner as possible.

Supplemental New Participants

The selected supplier for the Participating Residential Accounts Pricing Group is required to supply new customers (residential customers located within the Participating Municipalities) who opt-in to The Township of Piscataway EAP Program at any time during the awarded contract at the same prevailing contract price being paid by all existing Participating Residential Accounts in the appropriate pricing group.

End of Contract Term

The selected supplier(s) shall "drop" all participating customers and return them to PSE&G effective at the end of the electric generation service term unless the selected supplier is awarded a new contract, through a subsequent RFP process, to continue the provision of electric generation service to THE TOWNSHIP OF PISCATAWAY EAP Participants after those dates, or unless the selected supplier(s) and The Township of Piscataway reach written agreement to extend the initial term.

BUDGET BILLING:

The successful vendor is required to offer budget billing to any the customer that requests it. Bills shall be trued up annually. The availability of budget billing must be mentioned in the written materials to be disseminated to all The Township of Piscataway customers prior to the implementation of aggregated service.

BIDDING:

Bids will be solicited for initial terms of 15, 16, 17, or 18 months; bidders are encouraged to provide bids for all possible terms. The bidding template reflects these time periods. Bidders are reminded to include the 6.625% NJ sales tax and $.00095 per kWh energy agent fee in their bid amounts.

Bids will be required in all of the residential rate classifications included in the bidding template (Page 13).

An amount must be included in each classification in order for a bid to be valid.

BID CALENDAR:

The following is a calendar of events related to this bid:

Bid specifications finalized and available: February 10, 2020

Phase One bid documents required to be delivered electronically and in hard copy: February 19, 2020

Deadline for comments and questions on bid specifications: February 19, 2020

Deadline for response to comments, questions OR clarifications on bid specifications: February 20, 2020

Phase Two electronic bidding window opens: 10:45 a.m. on February 26, 2020

Phase Two electronic bidding window closes: 11:00 p.m. on February 26, 2020

Contract to be awarded by The Township of Piscataway: February 26, 2020

Contract documents forwarded to successful bidder: February 26, 2020

Deadline for return of contract documents from vendor: February 27, 2020

Data drop from (LDC) of names, addresses and account numbers of Bidders residential customers: TBD, 2020

Provision of aggregated electricity begins: May, 2020

REPORT OF CONTRACT PURCHASES, ENERGY AGENT FEE: MONTHLY

BID ATTACHMENTS

Master Services Agreement- Appendix A

City Authorizing Ordinance- Appendix B

Load Summary Information- Appendix C

VENDOR REPORTING

The vendor agrees to an audit of sales under the contract to confirm the collection of this fee. Failure to comply shall be grounds for termination of the contract with the vendor.

The report shall include the RFB number, sales period, date, and vendor’s name.

Failure to report, collect and submit the Energy Agent Fee or the vendor to submit the required report may be cause for disqualification of contractor for future contracts.

ALL BIDDERS MUST FACTOR INTO THEIR BIDS AN ENERGY AGENT FEE OF $.00095 PER KWH WHICH IS TO BE COLLECTED BY THE SUCCESSFUL VENDOR AND REMITTED MONTHLY TO GOOD ENERGY.

Energy Agent fee payments are to be sent to Good Energy L.P., 232 Madison Avenue, Third Floor, New York, NY, 10017, Attention: Elanda McFadden or such other address that Good Energy L.P. will provide from time to time. All checks shall be made payable to Good Energy L.P. Monthly reports shall be submitted electronically by email. Ms. McFadden may be contacted at elanda@goodenergy.com.

DISPOSITION OF SETTLEMENTS, ETC.”

The Township of Piscataway as The Township of Piscataway has the right to determine the settlements, restitution, liquidated damages, etc., which arise from the administration of this contract.

SUPPLIER QUALIFYING QUESTIONS

Completion of this form and submission of the completed form during the Phase One portion of the bid is REQUIRED.

1. What experience does your firm have with the aggregation of demand for electricity? Be sure to describe your experience with aggregation that would be relevant to the program described in these specifications for The Township of Piscataway.

2. How many residential customers do you currently serve for the provision of electricity? How many of them are in aggregated programs?

3. Describe how you will handle move-ins, move-outs and transfers within the program.

4. Once your firm has received the data drop of all of The Township of Piscataway residential customers, describe the procedures you would use to communicate with those customers. Be specific with timeframes and deadlines. How long will the Opt-out period be? Samples of Opt-out materials would be helpful.

The Township of Piscataway BIDDING TEMPLATE

BID # GEA 19/20-1February 26, 2020

15 Month Pricing

PSE&G

Aggregation

Account

Rate

Account

Annual

Bid

Classification

Class

Totals

Usage (kWh)

Price

RHS

45

508,806

RS

16,989

115,195,497

RLM

107

1,314,949

WH

10

13,957

Name of Company______________________________________________________________________

Address _______________________________________________________________________

City, State, Zip Code_______________________________________________________________________

Name of Authorized Representative _______________________________________________________

Signature _____________________________ Title ____________________ Date __________

The Township of Piscataway BIDDING TEMPLATE

BID # GEA 19/20-1February 26, 2020

16 Month Pricing

PSE&G

Aggregation

Account

Rate

Account

Annual

Bid

Classification

Class

Totals

Usage (kWh)

Price

RHS

45

508,806

RS

16,989

115,195,497

RLM

107

1,314,949

WH

10

13,957

Name of Company______________________________________________________________________

Address _______________________________________________________________________

City, State, Zip Code_______________________________________________________________________

Name of Authorized Representative _______________________________________________________

Signature _____________________________ Title ____________________ Date __________

The Township of Piscataway BIDDING TEMPLATE

BID # GEA 19/20-1February 26, 2020

17 Month Pricing

PSE&G

Aggregation

Account

Rate

Account

Annual

Bid

Classification

Class

Totals

Usage (kWh)

Price

RHS

45

508,806

RS

16,989

115,195,497

RLM

107

1,314,949

WH

10

13,957

Name of Company______________________________________________________________________

Address _______________________________________________________________________

City, State, Zip Code_______________________________________________________________________

Name of Authorized Representative _______________________________________________________

Signature _____________________________ Title ____________________ Date __________

The Township of Piscataway BIDDING TEMPLATE

BID # GEA 19/20-1 February 26, 2020

18 Month Pricing

PSE&G

Aggregation

Account

Rate

Account

Annual

Bid

Classification

Class

Totals

Usage (kWh)

Price

RHS

45

508,806

RS

16,989

115,195,497

RLM

107

1,314,949

WH

10

13,957

Name of Company______________________________________________________________________

Address _______________________________________________________________________

City, State, Zip Code_______________________________________________________________________

Name of Authorized Representative _______________________________________________________

Signature _____________________________ Title ____________________ Date __________

To be completed and signed below. Return with bid.

AFFIRMATIVE ACTION QUESTIONNAIRE

This form is to be completed and returned with the bid. However, the ESCNJ will accept in lieu of this Questionnaire, Affirmative Action Evidence stapled to this page.

1. Our company has a federal Affirmative Action Plan approval. Yes No

If yes, please attach a copy of the plan to this questionnaire.

2. Our company has a New Jersey State Certificate of Employee Information Report.

Yes No

If yes, please attach a copy of the certificate to this questionnaire.

3. If you answered “NO” to both questions above, No. 1 and 2, you must apply for an Affirmative Action Employee Information Report – Form AA302.

Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance:

www.state.nj.us/treasury/contract_compliance/

· Click on “Forms” and then “AA302” and “Instructions” under the heading “Employee Information Report”

· Complete and submit the form with the appropriate payment to:

Department of Treasury

Division of Purchase & Property

Contract Compliance Audit Unit

EEO Monitoring Program

P.O. Box 206

Trenton, New Jersey 08625-0206

All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the ESCNJ within seven (7) days of the notice of the intent to award the contract or the signing of the contract.

I certify that the above information is correct to the best of my knowledge.

Name of Company/Firm ____________________________________________________________________

Address _________________________________________________________________________________

City, State, Zip ____________________________________________________________________________

Name of Authorized Agent ________________________________ Title ______________________________

SIGNATURE ________________________________________________ Date _______________________

To be completed and signed below. Return with bid.

Bid for the Supply of Government Energy Aggregation

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY)

:ss:

COUNTY OF )

I, __________________________________ of the City of __________________________ in the

County of ______________________________ and the State of ______________________________ of full

age, being duly sworn according to law on my oath depose and say that:

I am ______________________________________________________________________ of the firm Position in Company

of _______________________________________________________________________ and the respondent making the Proposal for the above named contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential respondents, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the Educational Services Commission of New Jersey relies upon the truth of all statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees of bona fide established commercial or selling agencies maintained by

_________________________________________________________________________

(Print Name of Contractor/Vendor)

Subscribed and sworn to: _______________________________________________________

(SIGNATURE OF CONTRACTOR/VENDOR)

before me this ______ day of ___________________________, _________________.

MonthYear

________________________________________

Print Name of Notary Public

_________________________________________________

NOTARY PUBLIC SIGNATURE

My commission expires _________________________ _______________, ___________. – Seal –

Month Day Year

Educational Services Commission of New Jersey

Business Office

1660 Stelton Road

Piscataway, New Jersey 08854

Chapter 271

Political Contribution Disclosure Form

(Contracts that Exceed $17,500.00)

Ref. N.J.S.A. 52:34-25

The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that ____________________________________________________(Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of contract:

Reportable Contributions

Date of

Contribution

Amount of

Contribution

Name of Recipient Elected Official/ Committee/Candidate

Name of

Contributor

The Business Entity may attach additional pages if needed.

__________________________________________________________________________________________

No Reportable Contributions (Please check () if applicable.)

I certify that ____________________________________________ (Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26.

Certification

I certify, that the information provided above is in full compliance with Public law 2005 – Chapter 271.

Name of Authorized Agent ______________________________________________________________

Signature _________________________________________ Title _______________________________

Business Entity ________________________________________________________________________

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s. 2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

· any State, county, or municipal committee of a political party

· any legislative leadership committee*[footnoteRef:1] [1: N.J.S.A. 19:44A-3(s): “The term “legislative leadership committee” means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L. 1993, c. 65 (C. 19:44A-10.1) for the purpose of receiving contributions and making expenditures.”]

· any continuing political committee (a.k.a., political action committee)

· any candidate committee of a candidate for, or holder of, an elective office:

· of the public entity awarding the contract

· of that county in which that public entity is located

· of another public entity within that county

· or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:

· individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit

· all principals, partners, officers, or directors of the business entity or their spouses

· any subsidiaries directly or indirectly controlled by the business entity

· IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs)

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)]. The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed over sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

P.L. 2005, c. 271

(Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*)

AN ACT authorizing units of local government to impose limits on political contributions by contractors and supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

40A:11-51 1. a. A county, municipality, independent authority, board of education, or fire district is hereby authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the awarding of public contracts there from to business entities that have made a contribution pursuant to P.L. 1973, c. 83 (C. 19:44A-1 et seq.) and limiting the contributions that the holders of a contract can make during the term of a contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L. 2004, c. 19 (C. 19:44A-20.2 et al.) and section 22 of P.L. 1973, c. 83 (C. 19:44A-22).

b. The provisions of P.L. 2004, c. 19 shall not be construed to supersede or preempt any ordinance, resolution or regulation of a unit of local government that limits political contributions by business entities performing or seeking to perform government contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L. 2004, c. 19 shall remain in effect and those adopted after that effective date shall be valid and enforceable.

c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the Secretary of State.

52:34-25 2. a. Not later than 10 days prior to entering into any contract having an anticipated value in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency, county, municipality, independent authority, board of education, or fire district shall require any business entity bidding thereon or negotiating therefor, to submit along with its bid or price quote, a list of political contributions as set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L. 1973, c. 83 (C.19:44A-1 et seq.) and that were made by the business entity during the preceding 12 month period, along with the date and amount of each contribution and the name of the recipient of each contribution. A business entity contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office, or any continuing political committee. A business entity contracting with a county, municipality, independent authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, or holder of, and elective office of that public entity, of that county in which that public entity is located, of another public entity within that county, or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county, or any continuing political committee.

The provisions of this section shall not apply to a contract when a public emergency requires the immediate delivery of goods or services.

b. When a business entity is a natural person, a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.

c. As used in this section:

“business entity” means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction;

“interest” means the ownership or control of more than 10% of the profits or assets of a business entity of 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate; and

P.L. 2005, c. 271

“State agency” means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency.

d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.

19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L. 1973, c. 83 (C. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline.

b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to:

(1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline;

(2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; and

(3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold.

c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site.

d. When a business entity is a natural person, a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.

As used in this section:

“Business entity” means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; and

“Interest” means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.

e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.

4. This act shall take effect immediately.

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:2524.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_____________________________________________________________

Organization Address:_____________________________________________________________

City, State, ZIP:__________________________________________________________________

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

PartnershipLimited PartnershipLimited Liability Partnership (LLP)

Other (be specific): ______________________________________________

Part II Check the appropriate box

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity

Home Address (for Individuals) or Business Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing

Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Home Address (for Individuals) or Business Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the ANYTOWN Board of Education is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Board of Education to notify the Board of Education in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Board of Education to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Title:

Signature:

Date:

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Contractor/Vendor Questionnaire/Certification

Name of Company __________________________________________________________________

Street Address ___________________________________________ PO Box ___________________

City, State, Zip Code ________________________________________________________________

Business Phone Number (___) _______________________________ Ext. _____________________

Emergency Phone Number (___) _______________________________________________________

Fax No. (___) _________________________________ Email

Vendor Certification

Direct/Indirect Interests

I declare and certify that no member of the Educational Services Commission of New Jersey, nor any officer or employee or person who salary is payable in whole or in part by said Commissioner their immediately family members are directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a ESCNJ member, employee, officer of the board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company.

Gifts; Gratuities; Compensation

I declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of the Educational Services Commission of New Jersey.

Vendor Contributions

I declare and certify that I fully understand N.J.A.C. 6A:23A-6.3 (a1-4) concerning vendor contributions to school board members.

I certify that I am not an official or employee of the Educational Services Commission of New Jersey. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract.

____________________________________________________________________________

President or Authorized Agent

Signature

Telephone

RESPONDENT’S COMMENT FORM

This form is for Respondent’s use in offering voluntary alternates, or other comments intended to afford the ESCNJ information or opportunities to improve the quality of the project, without invalidating the bid proposal. It may not be used to take exception to specific conditions of the project defined in the contract documents which the Respondent does not like. The bid provided must be based upon the plans and specs, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the Respondent wishes to raise objection, this must be done at the pre-bid meeting, or in writing to the Architect through the question process outlined in the Instructions to Respondents. Such inquiries will have response issued by addendum only, and the resulting decision circulated to all Respondents of record. Inquiries raised too close to the bid date will not be able to be answered.

______________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

Name of Company______________________________________________________________________

Address _______________________________________________________________________

City, State, Zip Code_______________________________________________________________________

Name of Authorized Representative _______________________________________________________

Signature _____________________________ Title ____________________ Date __________________

To be completed and signed below. Return with bid.

Acknowledgement of Addenda

The Respondent acknowledges receipt of the hereinafter enumerated Addenda which have been issued during period of bidding and agrees that said Addenda shall become a part of this contract. The Respondent shall list below the numbers and issuing dates of the Addenda.

ADDENDA NO.ISSUING DATES

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

No Addenda Received

Name of Company ____________________________________________________________________

Address __________________________________________________ P.O. Box __________________

City, State, Zip Code __________________________________________________________________

Name of Authorized Representative ______________________________________________________

Signature ______________________________________________ Date _______________________

APPENDIX A

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the Educational Services Commission of New Jersey (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relive the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

Signature _________________________________________________________________________

Name ____________________________________________________________________________

Title _____________________________________________________________________________

(REVISED 4/10)RETURN WITH BID

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitm