MDA Gas RFP No NG052012 - GL PDF

REQUEST FOR PROPOSAL
Firm Natural Gas Supply

for
The University of Texas MD Anderson Cancer Center
RFP No.: NG052012/GL
Proposal Submittal Due Date: June 14, 2012 at 2:00 PM
Prepared By:
Supply Chain Management, Glenn E. Lewis, C.P.M.
1515 Holcombe Blvd., Unit 1680
Houston, Texas 77030
713-792-0387
glewis@mdanderson.org
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TABLE OF CONTENTS
SECTION 1: NOTICE TO RESPONDENTS .................................................................................................... 3
SECTION 2: PROPOSAL REQUIREMENTS .................................................................................................. 9
SECTION 3: SPECIFICATIONS .................................................................................................................. 15
SECTION 4: EXECUTION OF OFFER ......................................................................................................... 22
SECTION 5: PRICING SCHEDULE ............................................................................................................. 28
SECTION 6: RESPONDENT QUESTIONNAIRE ........................................................................................... 29
SECTION 7: ATTACHMENTS ................................................................................................................... 31
SECTION 8: ADDENDA TO RFP ............................................................................................................... 52
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SECTION 1: Notice to Respondents
1.1 General
The University of Texas M. D. Anderson Cancer Center (“MD Anderson”) is accepting competitive sealed
proposals from qualified companies (each a “Respondent” and, collectively, “Respondent”) to supply and
deliver firm natural gas to the local distribution company (“LDC”) city gate for redelivery to the applicable
MD Anderson Campus. For purposes of this RFP, “MD Anderson Campus” is defined as properties owned
and/or operated by MD Anderson located in Texas in or near the cities of Bastrop, Houston and Smithville.
Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use
the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code).
Additional Texas institutions of higher education may therefore elect to enter into a contract with the
successful Respondent under this Request for Proposal (“RFP”).
Natural gas will be provided to MD Anderson in accordance with the terms, conditions, requirements and
specifications set forth in this RFP. This RFP provides sufficient information for interested parties to
prepare and submit proposals for consideration by MD Anderson.
This RFP and proposals submitted in response to this RFP are subject to:
1.1.1 Texas Natural Resources Code Sections 31.401 and 31.402;
1.1.2 Review by the Texas General Land Office (“GLO”) prior to acceptance or rejection; and
1.1.3 GLO evaluation based upon the GLO’s then current pricing mechanism. If the GLO finds,
under this RFP or a response submitted in response to this RFP, that MD Anderson will not be
using natural gas produced from state lands to the greatest extent practical, then any
resulting contract will not be approved by GLO.
NOTE: As indicated in Section 3.3 Type of Contract of this RFP, MD Anderson intends that the terms and
conditions of the transaction resulting from this RFP will be substantially similar to those contained in the
North American Energy Standards Board, Inc., “Base Contract for Sale and Purchase of Natural Gas” (NAESB
standard 6.3.1 dated April 19, 2002) as modified by the attached Special Provisions to Base Contract (ref.
Section 7.2 Attachment B: Special Provisions).
THIS RFP IS A SOLICITATION FOR PROPOSAL AND IS NOT A CONTRACT OR AN OFFER TO CONTRACT.
RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO
SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.
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1.2 Notice of Intent to Respond
Respondents are instructed to provide written notification of your intent to respond to this RFP by
completing the Notice of Intent to Respond attached as Section 7.3 Attachment C: Notice of Intent to
Respond and sending via email or fax the MD Anderson contact identified in Section 1.5 MD Anderson
Contacts of this RFP.
1.3 Submittal Deadline
MD Anderson will receive Proposals and HUB Subcontracting Plans until the time described below:
June 14, 2012, 2:00 pm local Houston, Texas, time (the “Submittal Deadline”)
1.4 Pre-Submittal Conference Call
All Respondents interested in submitting a proposal are advised to participate in a Pre-Submittal

Conference Call to be hosted by MD Anderson. The conference call will take place on June 7, 2012 at 1:30
pm local Houston, Texas, time. Upon MD Anderson’s receipt of the Respondent’s completed Notice of
Intent to Respond (ref. Section 7.3 Attachment C: Notice of Intent to Respond), MD Anderson will
forward to Respondent the conference call telephone number and log-in information.
1.5 MD Anderson Contacts
Any questions or concerns regarding this RFP will be directed to:
Glenn E. Lewis, C.P.M.

Manager, Contracts
Phone: 713-792-0387
Fax: 713-792-8084
E-mail: glewis@mdanderson.org
MD Anderson specifically requests that Respondents restrict all contact and questions regarding this RFP to
the above named individual. The above named individual must receive all questions or concerns no later
than June 7, 2012 at 5:00 pm local Houston, Texas, time.
1.6 Inquiries and Interpretations
Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing
by addendum and mailed to all parties recorded by MD Anderson as having received a copy of the RFP. All
addenda issued by MD Anderson prior to the time that proposals are received will be considered part of
the RFP, and the Respondent will be required to consider and acknowledge receipt in Respondent’s
proposal. Firms receiving this RFP other than directly from MD Anderson are responsible for notifying MD
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Anderson that they are in receipt of an RFP package and are to provide a name and address to utilize in the
event an addendum is issued.
Only those MD Anderson replies to inquiries which are made by formal written addenda will be binding.
Oral and other interpretations or clarification will be without legal effect. Respondent must acknowledge
receipt of all addenda in SECTION 8: ADDENDA TO RFP.
1.7 Texas Public Information Act
Respondent is hereby notified that MD Anderson strictly adheres to all statutes, court decisions
and the opinions of the Texas Attorney General with respect to disclosure of public information.
MD Anderson may seek to protect from disclosure all information submitted in response to this RFP until
the time as a final contract or agreement is executed.
Upon execution of a final contract or agreement, MD Anderson will consider all information,
documentation, and other materials requested to be submitted in response to this RFP, to be of a non-
confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public
Information Act (Texas Government Code, Chapter 552.001, et seq.). Respondent will be advised of a
request for public information that implicates their materials and will have the opportunity to raise any
objections to disclosure to the Texas Attorney General. Certain information may be protected from release
under Sections 552.101, 552.110, 552.113, and 552.131, Texas Government Code.
1.8 Agreement Award Process
1.8.1 An award for the goods and services specified in this RFP will be made following a
procedure using competitive sealed proposals. Proposals will be opened publicly to identify
the names of the Respondents, but will be afforded security sufficient to preclude disclosure
of the contents of the proposal, including prices or other information, prior to award. After
opening, an award may be made on the basis of the proposals initially submitted, without
discussion, clarification, modification, or negotiation with any of the Respondents or, at MD
Anderson option, MD Anderson may discuss or negotiate all elements of the proposal with
selected Respondents.
1.8.2 For purposes of negotiation, a competitive range of acceptable or potentially acceptable

proposals may be established comprising the highest rated proposal(s). Further action on
proposals not included in the competitive range will be deferred pending an award, but MD
Anderson reserves the right to include additional proposals in the competitive range if
deemed in the best interest of MD Anderson. MD Anderson reserves the right to award a
contract or agreement for all or any portion of the requirements proposed by reason of this
request, award multiple contracts or agreements, or to reject any and all proposals if deemed
to be in the best interests of MD Anderson and to re-solicit for proposals.
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1.8.3 During the evaluation period, Respondents may be asked to submit refreshed pricing
multiple times to reflect changing market conditions. After contract terms have been
finalized with the Respondents in the competitive range, Respondents will be requested to
submit best and final transactable pricing based on the then current market conditions.
1.9 Criteria for Selection
The successful Respondent, if any, selected by MD Anderson in accordance with the requirements and
specifications set forth in this RFP will be the Respondent that submits a proposal in response to this RFP
on or before the Submittal Deadline that is the most advantageous to MD Anderson. The successful
Respondent is referred to as the “Seller.”
Respondent is encouraged to propose terms and conditions offering the maximum benefit to MD
Anderson in terms of (1) services to MD Anderson, (2) total overall cost to MD Anderson, and (3) project
management expertise. Respondents should describe all educational, state and local government
discounts, as well as any other applicable discounts that may be available to MD Anderson in a contract for
the Services.
An evaluation team from MD Anderson will evaluate the proposals. The evaluation of proposals and the
selection of the Seller will be based on the information provided by Respondent in its proposal. MD
Anderson may give consideration to additional information if MD Anderson deems the information
relevant.
The criteria to be considered by MD Anderson in evaluating proposals and selecting the Seller will be those
factors listed below:
1.9.1 Threshold Criteria Not Scored

Ability of MD Anderson to comply with laws regarding Historically Underutilized Businesses
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1.9.2 Scored Criteria
Pass/Fail Weight Criteria

20% Cost of goods and services;
P/F Reputation of Proposer and of Proposer's goods
or services;
P/F Quality of Proposer's goods or services;
P/F Extent to which the goods or services meet
University's needs;
P/F Proposer's past relationship with University;
25% Total long-term cost to University of acquiring
Proposer's goods or services;
25% Proposer’s exceptions to the terms and conditions
set forth in Section 4.26.
P/F Financial condition of Proposer;
P/F Qualifications and experience of Proposer and
Proposer’s personnel;
20% Proposer’s demonstrated transaction capabilities;
10% Proposer’s customer care approach and
performance;
1.10 Respondent’s Acceptance of Evaluation Methodology
Submission of a proposal indicates Respondent’s acceptance of the Agreement Award Process and Criteria
for Selection and Respondent’s recognition that some subjective judgments must be made by MD
Anderson.
1.11 Historically Underutilized Businesses
In accordance with Chapter 2161, Texas Government Code, each state agency, including MD Anderson, is
required to make a good faith effort to assist Historically Underutilized Businesses (“HUBs”) in competing
for, and receiving, contracts awarded by the agency.
MD Anderson has reviewed this RFP in accordance with 34 Texas Administrative Code, Section 20.14(a)
and has determined that subcontracting opportunities are probable. Accordingly, a HUB Subcontracting
Plan (HSP) will be required as a part of your proposal. The HSP shall be developed and administered in
accordance with the University Policy on Utilization of Historically Underutilized Businesses (HUBs).
University’s Policy on Utilization of HUBs, including the required forms and instructions, is attached to this
RFP as Section 8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN
and incorporated for all purposes.
The HSP must be completed in accordance with the requirements of Section 8.6. University will review a
Respondent's HSP to ensure that Respondent has submitted their HSP in accordance with the
requirements as specified in Section 8.6.
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Failure to submit a completed HSP in accordance with the requirements of Section 8.6 shall result in
Respondent’s response to this RFP being rejected due to material failure to comply with advertised
specifications. (See Section 2.5 Submittal Checklist)
Respondents must submit two (2) copies of the HSP to University by the Submittal Deadline as a
separate sealed attachment from the Proposal. This Separate attachment must be identified as “HUB
Subcontracting Plan” to RFP No. NG052012/GL, and must include the name and address of Respondent.
If Respondent has any questions regarding the HSP Package or needs assistance, please contact MD
Anderson’s HUB Program Coordinator, Ms. Kandice Mott at (713) 745-2479.
Respondent is also encouraged to review the Attachment to Section 8.6 ADDENDUM F – HISTORICALLY
UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN – HSP Tip Sheet.
1.12 Key Events Schedule
Key Event Milestone Date

Issue Request for Proposal 5-24-12
Pre-Submittal Conference Call 6-7-12, 1:30 pm
Q & A from bidders End 6-7-12, 5:00 pm
Proposal Submittal Deadline 6-14-12, 2:00 pm
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SECTION 2: Proposal Requirements
2.1 General Instructions
2.1.1 Respondents should carefully read the information contained in this RFP and submit a
complete response to all requirements, specifications, and questions as directed.
2.1.2 Proposals and any other information submitted by Respondents in response to this RFP will
become the property of MD Anderson.
2.1.3 Respondents submit proposals at their own risk and expense. MD Anderson will not provide
compensation to Respondents for any expenses incurred by the Respondent(s) for proposal
preparation or for any demonstrations that may be made, unless otherwise expressly
indicated in writing.
2.1.4 Proposals that are qualified with conditional clauses, alterations, or items not requested in
the RFP documents, or that contain irregularities of any kind are subject to disqualification by
MD Anderson, at its option.
2.1.5 Each proposal should be prepared simply and economically, providing a straightforward,
concise description of Respondent's ability to meet the requirements of this RFP. Emphasis
should be on completeness, clarity of content, responsiveness to the requirements, and an
understanding of MD Anderson's needs.
2.1.6 MD Anderson makes no guarantee that an award will be made as a result of this RFP, and
reserves the right to accept or reject any or all proposals, waive any formalities or minor
technical inconsistencies, or delete any item/requirements from this RFP or resulting contract
or agreement when deemed to be in MD Anderson's best interest. Representations made
within the proposal will be binding on responding firms. MD Anderson will not be bound to
act by any previous communication or proposal submitted by the firms other than this RFP.
2.1.7 Firms wishing to submit a “No-Response” are requested to return the first page of the
Execution of Offer (ref. SECTION 4: Execution of Offer). The returned form should indicate
your company's name and include the words “No-Response” in the right-hand column.
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2.1.8 Failure to comply with the requirements contained in this RFP may result in the rejection of
your proposal.
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2.2 Preparation and Submittal Instructions
2.2.1 Respondents must complete, sign and return the Execution of Offer (ref. SECTION 4:
Execution of Offer) and the HUB Subcontracting Plan Package as part of their proposal
response. Proposal must be signed by Respondent's company official(s) authorized to bind
Respondent to the proposal. Failure to sign and return these forms will subject your proposal
to disqualification.
2.2.2 Proposals to this RFP should consist of answers to required questions in SECTION 6:
Respondent Questionnaire. Please repeat the question in your response and reference the
question number corresponding accordingly. In cases where a question does not apply or if
unable to respond, reference the question number and indicate N/A (Not Applicable) or N/R
(No Response), as appropriate. Briefly explain your reason when responding N/R.
2.2.3 Page Size, Binders, Dividers and Electronic Copy
Proposals must be typed on letter-size (8-1/2” x 11”) paper. MD Anderson requests that proposals be
submitted in a 3-ring binder. Preprinted material should be referenced in the proposal and included as
labeled attachments. Sections should be divided by tabs for ease of reference. An electronic Copy of the
proposal shall be provided in an Adobe Acrobat (.pdf) format.
2.2.4 Table of Contents
Include with the proposal a Table of Contents that includes page number references. The Table of
Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as
separate attachments (which should be included in the main Table of Contents). Supplemental
information and attachments included by your firm (i.e., not required) should be clearly identified in the
Table of Contents and provided as a separate section.
2.2.5 Pagination
All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments
should be numbered or referenced separately.
2.2.6 Number of Copies
Submit (a) a total of three (3) identical paper copies of the entire proposal, (b) one (1) electronic version in
pdf format of the entire proposal on a compact disk or thumb drive (“CD”), and (c) one (1) electronic
version in Excel 2010 format of SECTION 1: Notice to Respondents on the same CD.
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An “original” signature must appear on the Execution of Offer (ref. SECTION 4: Execution of Offer) on at
least one (1) paper copy of the submitted proposal.
2.2.7 Submission
2.2.7.1 The above specified number of proposals, including any supplemental printed material referenced with
the RFP, must be submitted and received in MD Anderson’s Supply Chain Management Department on or
before the Submittal Deadline in the Notice to Respondents (ref. Section 1.3 Submittal Deadline). Hand
delivery or professional courier service is strongly suggested because late submittals will not be accepted.
Please deliver to:
Physical Address for Courier Delivery:

Mid Campus Building 1
Supply Chain Management
Suite No. 1MC10.3212
7007 Bertner Ave.
Attn: Glenn E. Lewis, C.P.M.
NOTE: Show the RFP number and submittal date in the lower left-hand corner of your sealed proposal
envelope.
2.2.7.2 Late proposals properly identified will be returned to Respondent unopened. Late proposals will not be
considered under any circumstances.
2.2.7.3 Telephone or email proposals are not acceptable in response to this RFP.
2.2.7.4 Facsimile (“FAX”) proposals are not acceptable in response to this RFP.
2.2.8 Withdrawal or Modification
No proposal may be changed, amended, or modified after it has been submitted or filed in response to this
solicitation, except for refreshed pricing (ref. Section 8.8 ADDENDUM H – PRICING TEMPLATE). However,
a proposal may be withdrawn and resubmitted any time prior to the Submittal Deadline. No proposal may
be withdrawn after the Submittal Deadline without approval by MD Anderson which will be based on
Respondent’s submittal, in writing, of a reason acceptable to MD Anderson.
2.2.9 Validity Period
Proposals, except pricing, will be valid for MD Anderson's acceptance for a minimum of 180 days from the
Submittal Deadline to allow time for evaluation, selection, and any unforeseen delays.
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Pricing shall be based upon close of day market prices on the last business day prior to the Submittal
Deadline.
The successful Respondent’s proposal, including refreshed pricing based on market conditions (ref.
Section 8.8 ADDENDUM H – PRICING TEMPLATE) must remain valid for the full term of any contractual
arrangements resulting from this RFP.
2.3 Pricing Schedule
2.3.1 Respondent must complete Pricing Schedule (ref. SECTION 5: Pricing Schedule and Section
8.8 ADDENDUM H – PRICING TEMPLATE).
2.3.2 MD Anderson is an institution of higher education, a healthcare institution, a government

entity, and an agency of the State of Texas, and should be offered any and all applicable
discounts associated with the activities or facilities. Applicable discounts must be clearly
identified and clearly noted in Respondent’s proposal.
2.3.3 Pricing reflects the full Scope of Work defined in this RFP, inclusive of all associated cost for
delivery, labor, insurance, taxes, overhead, and profit.
2.3.4 MD Anderson will not recognize or accept any charges or fees to perform this work that are
not specifically stated in the Respondent's proposal.
2.3.5 Cash or prompt payment discounts will not be considered in determining an award. All
payment discounts offered will be taken, if earned and deemed in MD Anderson's best
interest.
2.4 Terms and Conditions
2.4.1 All Respondents must comply with the requirements and specifications listed in SECTION 1:
Notice to Respondents, SECTION 2: Proposal Requirements, and SECTION 3: Specifications. In
the event there is a conflict expressed in this document, interpretation will be in the following
order of precedence:
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2.4.1.1 Special Provisions (ref. Section 7.2 Attachment B: Special Provisions)
2.4.1.2 Base Contract (ref. Section 3.3 Type of Contract)
2.4.1.3 Specifications (ref. Section 3)
2.4.1.4 Proposal Requirements (ref. SECTION 2:)
2.4.1.5 Notice to Respondents (ref. SECTION 1:)
2.4.2 By signing the Execution of Offer and submitting a proposal, Respondent certifies that any
attached or referenced terms, conditions, or documents are applicable to this procurement
only to the extent that they do not conflict with the statutes or Administrative Code of the
State of Texas, or the advertised terms and conditions, and that they do not impose
additional requirements on MD Anderson. Respondent further certifies that the submission
of a proposal is Respondent's good faith intent to contract with MD Anderson as specified in
this RFP and that the intent to contract is not contingent upon MD Anderson's acceptance or
execution of any attached or referenced terms, conditions, or other documents.
2.5 Submittal Checklist
Respondents are instructed to complete, sign and return the following documents as a part of their
proposal submittal. Failure to return the following three (3) signed and completed documents will result in
disqualification of Respondent’s proposal.
2.5.1 Signed and Completed Execution of Offer (ref. SECTION 4:)
2.5.2 Signed and Completed Pricing Schedule (ref. Section 8.8 ADDENDUM H – PRICING
TEMPLATE)
2.5.3 Signed and Completed HUB Subcontracting Plan Package in a separate sealed envelope (ref.
Section 8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN)
Note: Proposal will also be disqualified if the Respondent appears on the Excluded Parties List System:
https://www.epls.gov/epls/search.do
Failure to return the following signed and completed documents may subject your proposal to
disqualification.
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2.5.4 Signed and Completed Vendor’s Affirmation (ref. Section 7.4 )
2.5.5 Responses to Respondent's Questionnaire (ref. SECTION 6: Respondent Questionnaire)
2.5.6 Microsoft Word version of the Contract completed in accordance with Section 3.3 Type of
Contract
2.5.7 Completed Fixed Price Transaction Confirmation (ref. Sections 3.3.3.2 and 8.2 ADDENDUM B
– TEMPLATE FOR FIXED AND/OR LOCKED PRICE GAS CONFIRMATION)
2.5.8 Limited Agent Letter (ref. Section 3.3.3.6 Section 8.6 ADDENDUM F – HISTORICALLY
UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN
2.5.9 Section 8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE
2.5.10 If applicable, any exceptions to the Contract and/or Special Conditions (ref. Section 2.5.9)
SECTION 3: Specifications
3.1 Definitions
Unless separately defined below, all definitions included in the Contract, including those modifying, adding
or deleting NAESB contract definitions in Section 7.2 Attachment B: Special Provisions, shall apply
through this RFP.
Respondent: The individual, partnership, corporation, or other entity responding to this RFP.
LDC: Local distribution company
LDC Citygate: Pipeline interconnection between an upstream delivery pipeline and the LDC
Seller: The individual, partnership, corporation, or other entity awarded a Contract under this RFP, in
accordance with the terms, conditions, and requirements in this RFP.
3.2 General
3.2.1 Seller will provide a non-interruptible supply of merchantable quality gas, commercially
free from water, hazardous substances, hydrocarbon liquids, bacteria, and other
objectionable liquids, solids or gas components to the above defined Delivery Point. Gas will
be transported from LDC Citygate to the Delivery Points by Seller.
3.2.2 Gas supply will be firm and non-interruptible, subject only to applicable force majeure and
to interruption by either MD Anderson’s or Seller’s providers of transportation as defined in
the relevant transporter’s tariff. The Contract Quantity may be amended from time to time
by mutual agreement of the Parties as documented in a written confirmation, the form of
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which Respondent will provide in Section 8.1 ADDENDUM A – Seller’s Form to Amend Contract
Quantities.
3.2.3 By submission of its proposal in response to this RFP, Respondent represents and warrants
that it has the necessary knowledge, skill, abilities and resources to provide and deliver gas in
accordance with the requirements and specifications of this RFP, and in accordance with all
applicable state, local, and federal laws, orders, directives, rules, and regulations of any
governmental body, agency or official having jurisdiction over the Contract or the sale of gas
under the Contract.
3.3 Type of Contract
3.3.1 The terms and conditions of this transaction will utilize the North American Energy
Standards Board, Inc., “Base Contract for Sale and Purchase of Natural Gas” (NAESB standard
6.3.1 dated April 19, 2002) (“Base Contract”) as modified by the attached Special Provisions to
Base Contract (“Special Provisions”) (ref. 7.2 Attachment B: Special Provisions). The Base
Contract and the Special Provisions are sometimes collectively referred to as the “Contract.”
MD Anderson will make the following elections on the cover page to the Base Contract:
Section 1.2 Transaction Procedure Oral, as modified by Section 1.2 of Special

Provisions
Section 2.5 Confirm Deadline 3 Business Days after receipt
Section 2.6 Confirming Party Seller [RJH1]
Section 3.2 Performance Obligation Cover Standard (default)
Section 2.26 Spot Price Publication Gas Daily Midpoint (default)
Section 6 Taxes Buyer Pays at and after Delivery Point (default)
Section 7.2 Payment Due See Section 7 of Special Provisions
Section 7.2 Method of Payment Check
Section 7.7 Netting Netting applies (default)
Section Early Termination Early Termination Damages Apply (default)
10.3.1 Damages
Section Other Agreement Setoffs Other Agreement Setoff Apply (default)
10.3.2
Section 14.5 Choice of Law Texas
Section Confidentiality Confidentiality applies (default) See Section
14.10 14.10 of the Special Provisions. Confidentiality
is subject to the provisions of the Texas Public
Information Act (Chapter 552, Texas
Government Code)
3.3.2 Special Provisions Sheets attached: _______
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3.3.3 Addenda:
3.3.3.1 Section 8.1 ADDENDUM A – Seller’s Form to Amend Contract Quantities
3.3.3.2 Section 8.2 ADDENDUM B – TEMPLATE FOR FIXED AND/OR LOCKED PRICE GAS CONFIRMATION
3.3.3.3 Section 8.3 ADDENDUM C – FIXED PRICE AND LOCKED PRICE PROCEDURES
3.3.3.4 Section 8.4 ADDENDUM D – TRIGGER FIXED PRICE AND LOCKED PRICE PROCEDURES
3.3.3.5 Section 8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE
3.3.3.6 Section 8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN
3.3.3.7 Section 8.7 ADDENDUM G - CIVIL RIGHTS ACTION COMPLIANCE PROGRAM
3.3.4 The Special Provisions listed in Attachment A2: Delivery Points will replace the
corresponding numbered paragraphs contained in the Base Contract. The Special Provisions
will take precedence over any general terms and conditions contained in the Base Contract. If
there is a conflict between the Special Provisions and the general terms and conditions
contained in the Base Contract, the terms of the Special Provisions will govern.
3.3.5 Respondents responding to the RFP must be prepared to enter into the Base Contract and
the Special Provisions (or, in the sole discretion of MD Anderson, terms and conditions
substantially similar to those contained in the Base Contract and the Special Provisions)
immediately upon notification of award.
3.3.6 Respondent must submit (a) a modifiable Microsoft Word version of the Contract
completed in accordance with Section 3.3 Type of Contract of this RFP, (b) a completed Fixed
Price Transaction Confirmation and Index Price Confirmation (ref. Section 8.2 ADDENDUM B –
TEMPLATE FOR FIXED AND/OR LOCKED PRICE GAS CONFIRMATION), and (c) a limited agent
letter (ref. Section 8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE) with
its proposal.
3.3.7 If Respondent takes exception to any terms or conditions in the Base Contract or the Special
Provisions, Respondent must submit a list of the exceptions as part of its proposal. Exceptions
or alternate terms and conditions proposed must refer to the specific article(s) or section(s) of
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the Base Contract or Special Provisions to which the exceptions or alternate terms relate.
Respondent’s silence as to the Base Contract and Special Provisions will be construed as an
indication of complete acceptance of the Base Contract and Special Provisions as written.
General exceptions like “company standard sales terms apply” or “will negotiate” are not
acceptable. Additional terms and conditions which are determined to be unacceptable to MD
Anderson may result in disqualification of Respondent’s proposal.
3.4 Contract Term
MD Anderson anticipates the contract effective date will be September 1, 2012. Respondents are to
quote pricing for 12, 24, 36 48 , and 60 month terms (ref. Pricing Schedule and Section 8.8 ADDENDUM H –
PRICING TEMPLATE) MD Anderson will select a term that is the most advantageous to MD Anderson.
Based on term selected by MD Anderson, Respondents quoted pricing will remain firm for the entire term
of the Contract.
3.5 Cost of Gas
3.5.1 Monthly Invoice. The monthly invoice shall provide detail for each portion of the total
billed amount, including Contract Price, prices applicable to settlement of any Surplus
Quantity or Deficient Quantity, and each applicable item listed under System Operating
Expenses.
3.5.2 System Operating Expenses. Respondent will identify on the pricing template all
transportation related costs to the city gate. Such costs may include but not be limited to
transportation charges, pipeline cash out charges, pipeline imbalance penalties, park-and-
loan charges, fuel charges, lost and unaccounted for charges, meter or metering charges,
surcharges, fees and taxes.
3.5.3 Transportation Agreements and Rate Schedules. For any transportation charges that
Respondent proposes to pass through to MD Anderson, Respondent will provide copies of all
current applicable LDC rate schedules, and/or transportation agreements with pipelines for
which Respondent is or proposes to be a shipper, all of which clearly indicate the rates to be
charged for their underlying services. Gas is delivered currently through CenterPoint’s rate
schedule T-83 for the Houston campuses (Almeda, Main and South), and through T-65 for
Bastrop and Smithville.
3.5.4 Transportation Costs. For any transportation charges that Respondent proposes to pass
through to MD Anderson, Respondent will identify all itemized costs to the city gate.
Respondent is to provide 12 months of transportation cost history for an existing customer of
the applicable LDC, and identify any likely changes to pipeline charges in the foreseeable
future and propose a maximum transport cost cap.
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3.5.5 Default Price. The default for Contract Price for any quantities of gas for a particular month
(up to Buyer’s Contract Quantity for that month) that are not converted to Fixed Price or
Locked Price prior to the NYMEX contract expiration for a particular month will be based on
the IFERC HSC Index Price, plus a trade adjustment (“Trade Adjustment”) of $______/MMBtu,
whether positive or negative with the resulting net price to be the “Default Price” (ref. Section
8.8 ADDENDUM H – PRICING TEMPLATE).
3.5.6 Locked Prices and Fixed Prices. Throughout the term of the Contract, Buyer will have the
option to convert from Default Prices to Locked Prices (with fixed Basis Differential) or to
Fixed Prices (with floating Basis Differential) for specified quantities up to Buyer’s Contract
Quantity for a particular future delivery month (or sequence of future months) as specified
herein. Any and all Contract Quantities in excess of aggregate Fixed Price and Locked Price
quantities during any month shall remain at the Default Price.
3.5.6.1 Immediate Converted Price Transaction. Buyer may convert to Fixed Price or Locked Price for part or all
of one or more future delivery months by following Seller’s price lock procedures (more particularly described
by Respondent in Section 8.3 ADDENDUM C – FIXED PRICE AND LOCKED PRICE PROCEDURES attached and
incorporated for all purposes) up until the NYMEX contract expiration for each delivery month(s). For each
applicable delivery month, or for sequence of applicable delivery months on a volume weight average basis, a
Locked Price shall consist of a mutually agreed fixed price based upon the then-current market for the NYMEX
Henry Hub Natural Gas Futures contract (“Fixed Price”). Alternatively, Buyer may convert to Locked Price for
part or all of one or more future delivery months by converting to fixed Basis Differential along with Fixed Price
for one or more delivery months on a volume weight-average basis. For Whole-Lot transactions Seller agrees
to transact the weight-average Fixed Price at no greater than $0.02/MMBtu above the NYMEX Natural Gas
Futures “offer” price at the time the transaction is completed. The Transaction Confirmation shall specify the
applicable term of delivery months, portion of Contract Quantity covered each month, the applicable Fixed
Price, plus the applicable Basis Differential if fixed and the resulting Locked Price (“Locked Price”). If Basis
Differential is floating it will be listed as “Floating”, and Locked Price will be listed as “Locked at Settlement” in
Transaction Confirmation. Fixed Price and Locked Price transactions shall only apply to monthly Contract
Quantities that have not been previously converted to Fixed Price or Locked Price.
3.5.6.2 Trigger Price Transaction. As an alternative to an Immediate Converted Price Transaction, Buyer may
instead set advance trigger price(s) by following Seller’s trigger procedures (more particularly described by
Respondent in Section 8.4 ADDENDUM D – TRIGGER FIXED PRICE AND LOCKED PRICE PROCEDURES attached
and incorporated for all purposes) to instruct Seller to lock price for a specific quantity of gas during a
particular delivery month (or months) when the implied Fixed Price, and if applicable a fixed Basis Differential
for the month(s) reaches the specified trigger price(s) to transact a Locked Price. For Whole-Lot transactions
Seller agrees to transact the weight-average Fixed Price at no greater than $0.02/MMBtu above the NYMEX
Natural Gas Futures offer price at the time the transaction is completed. The Transaction Confirmation shall
specify the applicable term of delivery months, portion of Contract Quantity covered, the applicable Fixed
Price, the applicable Basis Differential, and the resulting Locked Price. Fixed Price and Locked Price
transactions shall only apply to monthly Contract Quantities that have not been previously converted to Fixed
Price or Locked Price.
19
3.5.6.3 Basis Differential may either be fixed or specified to float during a Locked Price or Fixed Price transaction.
If Basis Differential will float, its price will be expressed in actual $/MMBtu equal to the Default Price minus
the expired NYMEX Henry Hub Natural Gas Futures contract applicable to the delivery month. If fixed, Basis
Differential and the resulting Locked Price will be specified in the Transaction Confirmation. If floating, Basis
Differential will be listed as “Floating”, and Locked Price will be listed as “Locked at Settlement” in Transaction
Confirmation (“Basis Differential”).
3.5.6.4 Transparency for fixed Basis Differential quotes. If Seller and Buyer are unable to reach agreement related
to a fixed Basis Differential, Buyer may request Seller to provide written evidence of its third party quotes and
suppliers leading to its quote to Buyer. Seller agrees to comply with request for such written evidence within
one business day.
3.5.7 General. All locks to a fixed price shall be in one or more units of 10,000 MMBtu/month
(“Whole Lot”) unless specified otherwise by Buyer. Seller shall allow quantities of gas to be
locked up to and including one hundred percent (100%) of Buyer’s Contract Quantity for any
applicable period within the term of the Contract.
3.5.8 Surplus Quantity Price and Deficient Quantity Price. Refer to Section 7.2 Attachment B:
Special Provisions, Section 3.2. Respondent shall quote relevant price adjustments for each of
these in the pricing template Section 1.1.
3.5.9 Price Quotes.Respondent will quote all prices to MD Anderson in the pricing template as
part of its proposal package in accordance with applicable sections of this RFP. All prices
quoted will remain firm for the entire Contract term.
3.5.10 Pipeline Imbalance Costs. MD Anderson desires to see the premium cost, if any, if Seller
assumes all liability for pipeline imbalance costs. For illustration, consider “Case 1” in which
Seller agrees to waive any and all imbalance penalties and/or costs regardless of whether
Buyer has contributed to the cause of such penalties and costs, versus “Case 2” in which
Buyer is responsible for at least a portion of imbalance penalties and/or costs if Buyer has
contributed to the cause of such penalties and costs. For Case 2, provide written explanation
of how charged imbalance costs will be calculated. Provide the premium cost to satisfy Case
1, if any, on the pricing template where indicated.
3.6 Measurement
The metering facilities to measure volumes of gas delivered to the LDC Citygate and to the Delivery Points
will be maintained and operated by their respective owners. The gas metering facilities and gas
measurement data will be subject to joint inspection by MD Anderson and Seller, as mutually agreed by
MD Anderson, Seller and the owner of the facilities and data. The methods of measurement and
calibration of meters and instruments shall comply with all relevant industry standards.
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3.7 Delivery Requirements
3.7.1 Seller is responsible for delivery to MD Anderson 100% of its actual daily requirement at
each of the Delivery Points listed in Section 7.1.2 Attachment A2: Delivery Points. Monthly
Contract Quantities in the contract aggregate and by city aggregate are listed in Section 7.1.1
Attachment A1: Contract Quantities.
3.7.2 All gas delivered pursuant to the Contract must meet the requirements for delivery into the
applicable LDC’s pipeline distribution systems for redelivery to MD Anderson.
3.7.3 Title and risk of loss of the gas will not pass to MD Anderson until the gas is actually
delivered by Seller at the Deliver Points.
21
SECTION 4: Execution of Offer
THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE
TO SIGN AND RETURN THIS SECTION WILL RESULT IN THE REJECTION OF YOUR PROPOSAL.
By signature hereon, Respondent represents and warrants the following:
4.1 Respondent acknowledges and agrees that (1) this RFP is a solicitation for a proposal and is not a
contract or an offer to contract; (2) the submission of a proposal by Respondent in response to
this RFP will not create a contract between MD Anderson and Respondent; (3) MD Anderson has
made no representation or warranty, written or oral, that one or more contracts with MD
Anderson will be awarded under this RFP; and (4) Respondent will bear, as its sole risk and
responsibility, any cost arising from Respondent’s preparation of a proposal to this RFP.
4.2 Respondent is a reputable company that is lawfully and regularly engaged in providing products
and/or performing the services.
4.3 Respondent has the necessary experience, knowledge, abilities, skills, and resources to provide
the products and/or perform the services.
4.4 Respondent is aware of, is fully informed about, and is in full compliance with all applicable
federal, state and local laws, rules, regulations and ordinances.
4.5 Respondent understands (i) the requirements and specifications set forth in this RFP and (ii) the
terms and conditions set forth in the Contract under which Respondent will be required to
operate.
4.6 If selected by MD Anderson, Respondent will not delegate any of its duties or responsibilities
under this RFP or the Contract to any subcontractor, except as expressly provided in the Contract.
4.7 If selected by MD Anderson, Respondent will maintain any insurance coverage as required by the
Contract during the term thereof.
4.8 All statements, information and representations prepared and submitted in response to this RFP
are current, complete, true and accurate. Respondent acknowledges that MD Anderson will rely
on the statements, information and representations in selecting the successful Respondent. If
selected by MD Anderson, Respondent will notify MD Anderson immediately of any material
change in any matters with regard to which Respondent has made a statement or representation
or provided information.
22
4.9 Respondent will defend, indemnify, and hold harmless MD Anderson, The University of Texas
System, the State of Texas, and all of their regents, officers, agents and employees, from and
against all claims, actions, suits, demands, costs (including, but not limited to reasonable
attorneys' fees), damages, and liabilities, arising out of, connected with, or resulting from any
negligent acts or omissions or willful misconduct of Respondent or any agent, employee,
subcontractor, or supplier of Respondent in the execution or performance of any contract or
agreement resulting from this RFP.
4.10 Pursuant to Sections 2107.008 and 2252.903, Government Code, any payments owing to
Respondent under any contract or agreement resulting from this RFP may be applied directly to
any debt or delinquency that Respondent owes the State of Texas or any agency of the State of
Texas regardless of when it arises, until the debt or delinquency is paid in full.
4.11 Respondent offers and agrees to provide the products and/or furnish the services to MD
Anderson and comply with all terms, conditions, requirements and specifications set forth in this
RFP.
4.12 Respondent affirms that it has not given or offered to give, nor does Respondent intend to give
at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with its submitted proposal.
4.13 A corporate Respondent certifies that it is not currently delinquent in the payment of any taxes
due under Chapter 171, Texas Tax Code (“Chapter 171”), or that the corporate Respondent is
exempt from the payment of the taxes, or that the corporate Respondent is an out-of-state
corporation that is not subject to the taxes due under Chapter 171, whichever is applicable. A
false certification will be deemed a material breach of contract and, at MD Anderson's option,
may result in termination of any resulting contract or agreement.
4.14 Respondent hereby certifies that neither Respondent nor any firm, corporation, partnership or
institution represented by Respondent, or anyone acting for the firm, corporation or institution,
has violated the antitrust laws of the State of Texas, codified in Section 15.01, et seq., Business
and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the
proposal made to any competitor or any other person engaged in the line of business.
4.15 Respondent certifies that the individual signing this document and the documents made a part
of this RFP, is authorized to sign the documents on behalf of Respondent and to bind Respondent
under any agreements and other contractual arrangements that may result from the submission
of Respondent’s proposal.
4.16 Respondent certifies as follows:
"Under Section 231.006, Family Code, relating to child support, Respondent certifies that the individual or
business entity named in the Respondent’s proposal is not ineligible to receive the specified contract
award and acknowledges that any agreements or other contractual arrangements resulting from this RFP
may be terminated if this certification is inaccurate."
23
4.17 Respondent certifies that (i) no relationship, whether by blood, marriage, business association,
capital funding agreement or by any other the kinship or connection exists between the owner of
any Respondent that is a sole proprietorship, the officers or directors of any Respondent that is a
corporation, the partners of any Respondent that is a partnership, the joint venturers of any
Respondent that is a joint venture or the members or managers of any Respondent that is a
limited liability company, on one hand, and an employee of any component of The University of
Texas System, on the other hand, other than the relationships which have been previously
disclosed to MD Anderson in writing and (ii) Respondent has not been an employee of any
component institution of The University of Texas System within the immediate twelve (12)
months prior to the Submittal Deadline. All disclosures by Respondent in connection with this
certification will be subject to administrative review and approval before MD Anderson enters
into a contract or agreement with Respondent.
4.18 By signature hereon, Respondent certifies that in accordance with Section 2155.004,
Government Code, no compensation has been received for its participation in the preparation of
the requirements or specifications for this RFP. In addition, Respondent certifies that an award of
a contract or agreement to Respondent will not violate Section 2155.006, Government Code,
prohibiting MD Anderson from entering into a contract or agreement that involves financial
participation by a person who, during the previous five years, has been convicted of violating
federal law or assessed a penalty in a federal civil or administrative enforcement action in
connection with a contract awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricane Rita, Hurricane Katrina, or any other disaster
occurring after September 24, 2005. Pursuant to Sections 2155.004 and 2155.006, Government
Code, Respondent certifies that Respondent is not ineligible to receive the award of or payments
under the Contract and acknowledges that the Contract may be terminated and payment
withheld if these certifications are inaccurate.
4.19 Respondent certifies its compliance with all federal laws and regulations pertaining to Equal
Employment Opportunities and Affirmative Action.
4.20 Respondent represents and warrants that all products and services offered to MD Anderson in
response to this RFP meet or exceed the safety standards established and promulgated under the
Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard
Communication Act, Chapter 502, Health and Safety Code, and all related regulations in effect or
proposed as of the date of this RFP.
4.21 Respondent certifies that, except for restrooms and wash rooms and one (1) or more lactation
rooms each of which is segregated on the basis of sex: (1) it does not maintain or provide for its
employees any segregated facilities at any of its establishments and that it does not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained; (2) it will not maintain or provide for its employees any segregated facilities at
any of its establishments; and (3) it will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. A breach of this
certification is a violation of the Equal Opportunity clause. The term “segregated facilities” means
any waiting rooms, work areas, rest rooms and wash rooms, entertainment areas, and
transportation or housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, or national origin,
24
because of habit, local custom, or otherwise. Respondent further agrees that, except where it has
contracts prior to the award with subcontractors exceeding $10,000.00 which are not exempt
from the provisions of the Equal Opportunity clause, Respondent will retain the certifications for
each one of its subcontractors in Respondent’s files, and that it will forward the following notice
to all proposed subcontractors (except where the proposed subcontractors have submitted
identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF

NONSEGREGATED FACILITIES - A Certification on Nonsegregated Facilities must be submitted prior to the
award of any subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal
Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts
during a period (i.e. quarterly, semiannually, or annually).
4.22 Respondent understands that the penalty for making false statements regarding the subject
matters of this Section is prescribed in 18 U.S.C. 1001.
4.23 Respondent confirms that neither Respondent nor its Principals are suspended, debarred,
proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts
from State of Texas or United States (“U.S.”) federal government procurement or non-
procurement programs, or are listed in the List of Parties Excluded from Federal Procurement or
Non-procurement Programs (www.epls.gov) issued by the U.S. General Services Administration.
“Principals” means officers, directors, owners, partners, and persons having primary
management or supervisory responsibilities within a business entity (e.g. general manager, plant
manager, head of a subsidiary, division or business segment, and similar positions). Respondent
will provide immediate written notification to MD Anderson if, at any time prior to award,
Respondent learns that this certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. This certification is a material representation of
fact upon which reliance will be placed when MD Anderson executes this Contract. If it is later
determined that Respondent knowingly rendered an erroneous certification, in addition to the
other remedies available to MD Anderson, MD Anderson may terminate this Contract for default
by Respondent.
25
4.24 Respondent acknowledges that MD Anderson is prohibited by federal regulations from allowing
any employee, representative, agent or subcontractor of Respondent to work on site at MD
Anderson’s premises or facilities if that individual is not eligible to work on federal healthcare
programs including Medicare, Medicaid, or other similar federal programs. Therefore,
Respondent will not assign any employee, representative, agent or subcontractor that appears on
the List of Excluded Individuals issued by the United States Office of the Inspector General
(“OIG”) to work on site at MD Anderson’s premises or facilities. Respondent will perform an OIG
sanctions check quarterly on each of its employees, representatives, agents, and subcontractors
during the time the employees, representatives, agents, or subcontractors are assigned to work
on site at MD Anderson’s premises or facilities. Respondent acknowledges that MD Anderson will
require immediate removal of any employee, representative, agent, or subcontractor of
Respondent assigned to work at MD Anderson’s premises or facilities if the employee,
representative, agent, or subcontractor is found to be on the OIG’s List of Excluded Individuals.
The OIG’s List of Excluded Individuals may be accessed through the following Internet website:
www.epls.org
4.25 Respondent covenants and agrees that as required by Section 2155.4441, Texas Government
Code, in performing its duties and obligations under any resulting agreements and other
contractual arrangements, Respondent will purchase products and materials produced in Texas
when the products and materials are available at a price and delivery time comparable to
products and materials produced outside of Texas.
4.26 Respondent will and has disclosed, as part of its proposal, any exceptions to the certifications
stated in this Execution of Offer. All the disclosures will be subject to administrative review and
approval prior to the time MD Anderson makes an award or enters into any contract or
agreement with Respondent.
NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT
THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT THE
INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED
TO RECEIVE AND REVIEW THE INFORMATION. UNDER SECTION 559.004, GOVERNMENT CODE,
INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT
INFORMATION ABOUT THE INDIVIDUALS THAT IS INCORRECT.
Complete the following:
VIN No. __________________________________________
FEI No. __________________________________________
If a Corporation
State of Incorporation __________________________________________
Charter No. __________________________________________
Submitted By:
26
_____________________________________ _____________________________________
(Company Name) (Authorized Signature)
_____________________________________ _____________________________________
(Street Address) (Printed Name / Title )
_____________________________________ _____________________________________
(City, State, Zip Code) (Date)
_____________________________________ _____________________________________
(Telephone Number) (Facsimile Number)
_____________________________________
(E-mail Address)
27
SECTION 5: Pricing Schedule
Proposal of: ____________________________________________

(Company Name)
To: The University of Texas M. D. Anderson Cancer Center

Ref: Firm Natural Gas Supply
RFP No: NG052012/GL
Gentlemen:
Having carefully examined all the specifications and requirements of this RFP, the undersigned proposes to
provide and deliver natural gas as required in accordance with this RFP at the prices and upon the terms
quoted below:
5.1 Pricing Schedule
The price of gas, including designation of all items that will be a part of fixed charges and that will be
passed through, shall be detailed on the pricing template, included as Section 8.8 ADDENDUM H –
PRICING TEMPLATE.
Seller’s invoices will contain a separate line item specifying each charge to be passed through.
5.2 Payment Terms
MD Anderson’s standard payment terms are “Net 30 days” as mandated by the Texas Prompt Payment Act
(ref. Chapter 2251, Government Code). Indicate below the prompt payment discount that Respondent will
provide to MD Anderson.
Prompt Payment Discount: _____%_____days/net 30 days
5.3 Addenda Checklist
Receipt is hereby acknowledged of the following addenda to this RFP. (Initial if applicable)
No. 1 __ No.2 __ No.3 __ No.4 __ No.5 __ No.6 __ No.7 __ No.8 __
Respectfully Submitted By:
_____________________________________ _____________________________________
(Company Name) (Authorized Signature)
_____________________________________ _____________________________________
(Street Address) (Printed Name / Title )
_____________________________________ _____________________________________
(City, State, Zip Code) (Date)
28
SECTION 6: Respondent Questionnaire
Respondents are requested to submit a complete response to each of the below listed items. Responses
requiring additional space should be brief and submitted as an attachment to your proposal package.
Please reference each response by its item number indicated below (ref. Section 2.2.2).
Company Profile
6.1 Number of years in Business: __________

Type of Operation: Individual: _____ Partnership: _____ Corporation: _____ Government: _____
Number of Employees: __________ Annual Sales Volume: ______________
6.2 State that you will provide a copy of your company's audited financial statements for the past
two (2) years, if requested by MD Anderson.
6.3 Provide a Financial rating of your company and any documentation (like a Dunn and Bradstreet
analysis) which indicates the financial stability of your company.
6.4 Is your company currently for sale or involved in any transaction to expand or to become
acquired by another business entity? If yes, please explain the impact both in organizational and
directional terms.
6.5 Provide any details of all past or pending litigation or claims filed against your company that
would affect your company's performance under a contract or agreement with MD Anderson.
6.6 Is your company currently in default on any loan agreement or financing agreement with any
bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and
prospects for resolution.
6.7 Provide a customer reference list of no less than three (3) organizations with which Respondent
currently has contracts with and/or has previously provided natural gas supply of equal type and
scope within the past five (5) years. The list of references must include, company name, contact
person, telephone number, description of products and services provided, and length of business
relationship.
6.8 Does any relationship exist whether by relative, business associate, capital funding agreement or
any other kinship exist between your company and any MD Anderson employee?, if yes, please
explain.
6.9 Provide evidence of your company’s ability to meet bonding requirements if awarded a contract;
e.g., submit letters of bonding capacity from your insurance and/or bonding company
underwriter.
6.10 What difficulties do you anticipate in serving MD Anderson and how do you plan to manage
these? What assistance will you require from MD Anderson?
29
6.11 Explain how your company can provide continuous gas service as required per this RFP.
6.12 Provide the name, title, telephone and fax numbers, mailing address and email address of the
person(s) who will be the contact for your company’s proposal to this RFP.
30
SECTION 7: ATTACHMENTS
7.1.1 Attachment A1: Contract Quantities
The NYMEX Basis Differential pricing shall be applied to the quantities of gas listed below.
Quantities are in MMBtus and based on MD Anderson’s previous usage. Contract term of 12, 24, 36 48 or
60 months will be determined prior to award. Regardless of Contract term, the below quantities will
remain firm.
Aggregate Contract Quantities

Month 2012-13 2013-14 2014-15 2015-16 2016-17
Sep 18,457 19,070 19,664 20,142 20,857
Oct 21,934 22,662 23,368 23,937 24,786
Nov 25,401 26,245 27,062 27,721 28,705
Dec 32,068 33,133 34,165 34,997 36,239
Jan 36,385 37,593 38,764 39,707 41,117
Feb 30,538 31,552 32,535 33,327 34,510
Mar 25,370 26,212 27,029 27,687 28,669
Apr 21,560 22,276 22,970 23,529 24,364
May 21,195 21,899 22,581 23,130 23,951
Jun 18,149 18,752 19,336 19,807 20,510
Jul 18,562 19,178 19,775 20,256 20,975
Aug 18,072 18,672 19,254 19,722 20,422
Totals 287,692 297,243 306,503 313,963 325,105
Bastrop, TX Contract Quantities

Month 2012-13 2013-14 2014-15 2015-16 2016-17
Sep 3,785 3,785 3,785 3,785 3,785
Oct 4,999 4,999 4,999 4,999 4,999
Nov 6,860 6,860 6,860 6,860 6,860
Dec 10,006 10,006 10,006 10,006 10,006
Jan 10,621 10,621 10,621 10,621 10,621
Feb 9,345 9,345 9,345 9,345 9,345
Mar 6,395 6,395 6,395 6,395 6,395
Apr 4,729 4,729 4,729 4,729 4,729
May 4,336 4,336 4,336 4,336 4,336
Jun 3,178 3,178 3,178 3,178 3,178
Jul 3,260 3,260 3,260 3,260 3,260
Aug 3,135 3,135 3,135 3,135 3,135
Totals 70,649 70,649 70,649 70,649 70,649
31
Smithville, TX Contract Quantities
Month 2012-13 2013-14 2014-15 2015-16 2016-17
Sep 3,386 3,386 3,386 3,386 3,386
Oct 4,641 4,641 4,641 4,641 4,641
Nov 5,438 5,438 5,438 5,438 5,438
Dec 6,677 6,677 6,677 6,677 6,677
Jan 6,989 6,989 6,989 6,989 6,989
Feb 6,357 6,357 6,357 6,357 6,357
Mar 5,162 5,162 5,162 5,162 5,162
Apr 4,408 4,408 4,408 4,408 4,408
May 4,475 4,475 4,475 4,475 4,475
Jun 3,932 3,932 3,932 3,932 3,932
Jul 3,910 3,910 3,910 3,910 3,910
Aug 3,795 3,795 3,795 3,795 3,795
Totals 59,171 59,171 59,171 59,171 59,171
Houston, TX Contract Quantities

Month 2012-13 2013-14 2014-15 2015-16 2016-17
Sep 11,286 11,969 12,631 13,164 13,961
Oct 12,294 13,038 13,759 14,340 15,207
Nov 13,103 13,896 14,664 15,283 16,208
Dec 15,385 16,316 17,218 17,945 19,031
Jan 18,775 19,911 21,012 21,899 23,224
Feb 14,836 15,734 16,604 17,305 18,352
Mar 13,813 14,649 15,459 16,112 17,087
Apr 12,423 13,175 13,903 14,490 15,367
May 12,384 13,133 13,860 14,445 15,319
Jun 11,039 11,707 12,355 12,876 13,656
Jul 11,392 12,081 12,749 13,287 14,091
Aug 11,142 11,816 12,470 12,996 13,783
Totals 157,873 167,424 176,683 184,143 195,286
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7.1.2 Attachment A2: Delivery Points
Bastrop, TX
Meter No. Address MD Anderson Facility Site
32123100011 650 Coolwater Bastrop 1
30314430000 596 Coolwater Bastrop 2
Smithville, TX
32123110091 1808 Park Road Smithville 1
Houston, TX
40002070980 2555 Holly Hall Almeda Campus 1
40002070930 3000 Pawnee Almeda Campus 2
40002070975 8001 El Rio Almeda Campus 3
40001791144 6900 Fannin Main Campus 1
40001791176 1515 ½ Holcombe Main Campus 2
40001793067 1220 Holcombe Main Campus 3
40001793479 6767 Bertner Main Campus 6
40002301719 8515 Fannin South Campus 1
40003984639 7510 Bertner South Campus 2
40004271653 1881 East Road South Campus 3
40416120000 7777 Knight Rd A South Campus 6
82140044031 7777 Knight Rd South Campus 7
4000434456 1901 East Road South Campus 8
33
7.2 Attachment B: Special Provisions
SPECIAL PROVISIONS
TO THE NAESB BASE CONTRACT
FOR SALE AND PURCHASE OF NATURAL GAS
(NAESB standard 6.3.1 dated April 19, 2002)
DATED _______________, 2012

BETWEEN
________________________________________
AND
THE UNIVERSITY OF TEXAS MD ANDERSON CANCER CENTER
The Special Provisions contained herein take precedence over any general terms and conditions contained
in the Base Contract. If there is a conflict between the Special Provisions and the general terms and
conditions contained in the Base Contract, the terms of these Special Provisions shall govern. Any
definitions used in the Base Contract, unless otherwise defined in these Special Provisions, shall have the
same meaning in these Special Provisions. Any reference to a Section in these Special Provisions refers to
the same Section of the General Terms and Conditions to the Base Contract.
Section 1. Purpose and Procedures
Section 1.1 is deleted in its entirety and the following is substituted in its place:
“These General Terms and Conditions are intended to facilitate purchase and sale transactions of
Gas on a Firm basis. ‘Buyer’ refers to the party receiving Gas and ‘Seller’ refers to the party delivering Gas.
The entire agreement between the parties shall be the Contract as defined in Section 2.7.”
“1.2 The parties shall use the following Transaction Confirmation procedure. Any gas purchase and sale
transaction may be effectuated in an EDI transmission or telephone conversation with the offer and
acceptance constituting the agreement of the parties. The parties shall be legally bound from the time
they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a
“writing” and to have been “signed”. Notwithstanding the foregoing sentence, the parties agree that
Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other
party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three
Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the
failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties.
Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction
Confirmation as the identification and authentication of Confirming Party. If a Transaction Confirmation
contains additional provisions or special conditions, other than those provisions relating to the basic
commercial terms of the transaction (e.g., Contract Price, Delivery Period, Performance Obligation and
Contract Quantity), which purport to modify or supplement the General Terms and Conditions of the Base
Contract or these Special Provisions, such provisions shall not be binding on the parties unless agreed to in
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the form of an amendment containing the additional Special Provisions to the Contract and executed by
both parties; provided, that, the foregoing shall not invalidate the remaining terms of any Transaction
Confirmation agreed to by the parties.
If any Transaction Confirmation(s), including the initial Transaction Confirmation(s), contains additional
provisions or special conditions, other than those provisions relating to the basic commercial terms of the
transaction (e.g., Contract Price, Delivery Period (provided the Delivery Period does not extend beyond the
Term of the Contract), Performance Obligation and Contract Quantity), which purport to modify or
supplement the General Terms and Conditions of the Base Contract or any Special Provisions, such
provisions shall not be binding on the parties unless agreed to in the form of an amendment containing the
additional Special Provisions to the Contract and executed by both parties; provided, that, the foregoing
shall not invalidate the remaining terms of any Transaction Confirmation agreed to by the parties.”
Section 2. Definitions
Sections 2.08, 2.09 and 2.11 are deleted in their entirety and the following are substituted in their place:
2.08 “Contract Price” shall mean the amount expressed in U. S. Dollars per MMBtu to be paid by Buyer
to Seller for the purchase of Gas as agreed to by the parties in a transaction, and will either be based on a
floating price or on fixed prices as may be agreed to by the parties in transactions pursuant to the RFP’s
Sections 8.2 ADDENDUM B – TEMPLATE FOR FIXED AND/OR LOCKED PRICE GAS CONFIRMATION, 8.3
ADDENDUM C – FIXED PRICE AND LOCKED PRICE PROCEDURES and 8.4 ADDENDUM D – TRIGGER FIXED
PRICE AND LOCKED PRICE PROCEDURES and 8.8 ADDENDUM H – PRICING TEMPLATE.
2.09 “Contract Quantity” shall mean the quantity of Gas to be delivered and taken as agreed to by the
parties in a transaction, as such quantities from time to time may be amended through mutual written
volume amendment as in the RFP’s Section 8.1 - ADDENDUM A – Seller’s Form to Amend Contract
Quantities.
2.11 “Credit Support Obligation(s)” shall mean any obligation(s) to provide or establish credit support
for, or on behalf of, Seller such as an irrevocable standby letter of credit, a margin agreement, a
prepayment, a security interest in an asset, a performance bond, guaranty, or other good and sufficient
security of a continuing nature.
Sections 2.30 through 2.34 are added:
2.30 “GDA HSC Index Price” shall mean the “Average” price expressed in dollars and cents per MMBtu as
published by Platts Gas Daily in the section titled “Daily Price Survey” under the heading “Market Area Spot
Prices” and under the subheading “Houston Ship Channel” for the date of flow.
2.31 “IFERC HSC Index Price” shall mean the “Index” price expressed in dollars and cents per MMBtu by
Platts Inside FERC Gas Market Report under the heading “Market Center Spot Prices”, and under the
subheading “Houston Ship Channel” for the delivery month.
2.32 “NYMEX”: The New York Mercantile Exchange.
2.33 “NYMEX Price”: The price expressed in cents per MMBtu as published by NYMEX as the Natural Gas
Futures price and approved by the Commodity Futures Trading Commission for the purchase and sale of
natural gas at Henry Hub.
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Section 3. Performance Obligation
Sections 3.1 and 3.2 are deleted in their entirety and replaced with the following:
3.1 “Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity
for a particular transaction in accordance with the terms of the Contract. Sales and purchases shall be on a
Firm basis. ”
3.2 (a) Notwithstanding anything to the contrary in this Contract, if in any month Buyer receives
and takes delivery of a quantity of Gas that exceeds the specified Buyer’s Contract Quantity for that month
(“Surplus Quantity”), Buyer shall pay for such Surplus Quantity a price equal to the GDA HSC Index Price for
the delivery month plus $0.___/MMBtu. Value is entered into the RFP’s Section 7.2 Attachment B:
Special Provisions.
(b) If in any month, Buyer fails to receive and take delivery of the specified Buyer’s Contract Quantity
for that month (other than as a result of a Force Majeure event)(“Deficient Quantity”), Seller shall
repurchase such Deficient Quantity at a price equal to the GDA HSC Index Price for the delivery month plus
$0.___/MMBtu.” Value is entered into the RFP’s Section 7.2 Attachment B: Special Provisions.
“3.3 INTENTIONALLY DELETED.”
Section 4. Transportation, Nominations, and Imbalances
“4.2 Seller shall coordinate all nomination activities with all Transporters, and shall monitor and manage
the quantities of Gas purchased by Buyer under the Contract and/or transported by Buyer, in each case on
its own behalf and on behalf of Buyer with Receiving Transporters, giving sufficient time to meet the
deadlines of the affected Transporter(s). Buyer shall not be required to provide advance notice of any
quantity of Gas to be purchased in a particular Day. Should either party become aware that actual
deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly
notify the other party. Seller shall regularly and timely obtain from Receiving Transporter(s) all data
regarding Buyer's actual consumption of gas that may be necessary to perform all nomination and
scheduling activities under the Contract.”
Section 5. Quality and Measurement
Section 5 is amended by adding the following to the end of the Section:
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“The parties agree that the metering facilities to measure volumes of Gas delivered at the Delivery Point(s)
shall be maintained and operated by the owner thereof and that the Btu content of the Gas shall be
determined at the metering facilities at the metering facilities at the Delivery Point(s). Such Gas metering
facilities and Gas measurement data shall be subject to joint inspection by the parties, as mutually agreed
by the parties and the owner of such facilities and data. The methods of measurement and calibration of
meters and instruments shall be in a manner that is mutually agreeable to the parties and the owner of
such meters and instruments.”
Section 6. Taxes
Section 6 is amended by adding the following to the end of the Section:
“Notwithstanding the foregoing, Seller acknowledges that Buyer is not subject to certain Taxes under Texas
law, including as specifically provided in Section 104.202, Texas Utilities Code.
Pursuant to Section 151.309(4), Texas Tax Code, as a state agency, Buyer is exempt from sales taxes. In
addition, as set forth in Texas Comptroller Rule 3.322(c) (34 Texas Administrative Code (“TAC”) 3.322),
Buyer is not required to prove its exempt status. In the event of a change in tax exemption status, the
party entitled to an exemption from any taxes or related charges shall furnish the other party all
reasonably requested documentation evidencing the change in status.”
Seller understands and agrees that payments under the Contract may be subject to the withholding
requirements of Section 3402(t) of the Internal Revenue Code.”
Section 7. Billing and Payment
“7.1 By the tenth (10th) Day of each Month following the Month in which Gas was delivered, Seller shall
provide Buyer with a written invoice setting forth the quantity of Gas which was scheduled under the
Contract and delivered for the preceding Month, the Contract Price for such Gas, and any quantity and/or
payment adjustments to scheduled quantities to reflect the actual quantities delivered for any prior
Months, detailing such adjustments by Delivery Point(s), quantity adjusted and the total amount due. The
invoice shall be sufficiently detailed to support the amount billed and shall include such other information
as reasonably requested by Buyer.”
“Buyer shall remit payments under the Contract in accordance with the Texas Prompt Payment Act (“Act”),
Chapter 2251, Texas Government Code. Pursuant to the Act, Buyer’s payment shall be deemed late on the
31st day after the later of (1) the date goods are delivered or performance of services is completed, or (2)
the date Buyer receives an invoice for the goods or services. If the payment date is not a Business Day,
payment is due on the next Business Day following that date. Buyer shall pay interest on overdue
payments at an annual rate of interest equal to the sum of (1) one percent, plus (2) the annual prime rate
of interest as published in the Wall Street Journal on the first day of July of the preceding fiscal year
(Buyer’s fiscal year begins September 1) that does not fall on a Saturday or Sunday. Any payment required
by Seller under the Contract shall be deemed late on the 31st day after the date that Seller receives Notice
37
that a payment is due. If the payment date is not a Business Day, payment is due on the next Business Day
following that date. Seller shall pay interest on overdue payments at an annual rate of interest equal to
the lower of (a) the sum of (1) one percent, plus (2) the then-effective annual prime rate of interest as
published in the Wall Street Journal, or (b) the maximum applicable lawful interest rate.”
“In the event payments become due pursuant to Section 3.2, the performing party may submit an invoice
to the nonperforming party for payment in accordance with Section 7.2 setting forth the basis upon which
the invoiced amount was calculated.”
“7.4 If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof in
writing, then upon receipt of a corrected invoice such invoiced party shall pay such amount as it concedes
to be correct. In the event the parties are unable to resolve such dispute, either party may pursue any
remedy available at law or in equity to enforce its rights pursuant to this Section.”
“A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to
examine and audit and to obtain copies of the relevant portion of the books, records, and telephone
recordings of the other party only to the extent reasonably necessary to verify the accuracy of any invoice,
billing, charge, payment, or computation made under the Contract. This right to examine, audit, and to
obtain copies shall not be available with respect to proprietary information not directly relevant to
transactions under the Contract. All invoices and billings shall be conclusively presumed final and accurate
and all associated claims for under or overpayments shall be deemed waived unless such invoices or
billings are objected to in writing, with adequate explanation and/or documentation, within four (4) years
after the Month of Gas delivery, subject to applicable law. All retroactive adjustments under Section 7
shall be paid in full by the party owing payment in accordance with Section 7.2 upon substantiation of the
inaccuracy. This Section 7.6 is subject to the other terms of the Contract including Sections 14.21, 14.23
through 14.26, 14.27, 14.33, 14.36 and 14.37.”
“The parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract
such that the party owing the greater amount shall make a single payment of the net amount to the other
party in accordance with Section 7; provided, that, no payment required to be made pursuant to the terms
of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section.”
Section 10. Financial Responsibility
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“10.1 If Buyer has reasonable grounds for insecurity regarding the performance of any obligation under
the Contract (whether or not then due) by Seller (including, without limitation, the occurrence of a
material change in the creditworthiness of Seller), Buyer may demand Adequate Assurance of
Performance. ‘Adequate Assurance of Performance’ shall mean sufficient security in the form, amount and
for the term reasonably acceptable to Buyer, including, but not limited to, a standby irrevocable letter of
credit, a prepayment, a security interest in an asset or a performance bond or guaranty (including the
issuer of any such security.”
“10.2 In the event (each an "Event of Default") either party (the "Defaulting Party") or, to the extent
applicable, its guarantor, shall: (i) make an assignment or any general arrangement for the benefit of
creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a
proceeding or case under any bankruptcy or similar law for the protection of creditors or have such
petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however
evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator,
conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its
assets; (vi) as to Seller, fail to perform any obligation to Buyer with respect to any Credit Support
Obligations relating to the Contract; (vii) as to Seller, fail to give Adequate Assurance of Performance under
Section 10.1 within 48 hours but at least one Business Day of a written request by Buyer; or (viii) not have
paid any amount due the other party hereunder on or before the fifteenth Business Day following written
Notice that such payment is due; then the other party (the "Non-Defaulting Party") shall have the right, at
its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to
terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in
addition to any and all other remedies available hereunder.”
“As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the
Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due
from the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail
the calculation of such amount, provided that failure to give such Notice shall not affect the validity or
enforceability of the liquidation or give rise to any claim by the Defaulting Party against the Non-Defaulting
Party. The Net Settlement Amount shall be paid in accordance with the terms of Section 7.2.”
“10.5 Bankruptcy Matters.
Each party acknowledges and agrees that the transaction(s) entered into by the parties pursuant to the
Contract constitute “forward contracts” within the meaning of Title 11 of the United States Code (the
“Bankruptcy Code”); (ii) each party is a “forward contract merchant” within the meaning of the Bankruptcy
Code with respect to any transactions that constitute “forward contracts”; (iii) all payments made or to be
made by one party to the other party pursuant to the Contract constitute “settlement payments” within
the meaning of the Bankruptcy Code; (iv) all transfers of Adequate Assurance of Performance by Seller to
the Buyer under the Contract constitute “margin payments” within the meaning of the Bankruptcy Code;
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and (v) each party’s rights under Sections 10.2, 10.3 and 10.4 of the Contract constitutes a “contractual
right to liquidate” the transactions within the meaning of the Bankruptcy Code.
Each party acknowledges and agrees that, for purposes of the Contract, the other party is not a "utility" as
such term is used in Section 366 of the Bankruptcy Code, and each party agrees to waive and not to assert
the applicability of the provisions of Section 366 in any bankruptcy proceeding wherein such party is a
debtor.”
Section 11. Force Majeure
Section 12. Term
Section 12 is deleted in its entirety and the following is substituted in its place:
“SECTION 12. TERM.
Subject to the terms of the Contract, the Contract shall be in effect from September 1, 2012 through
August 31, ____ (“Initial Term”). BE COMPLETED PRIOR TO EXECUTION OF CONTRACT.]. At Buyer’s sole
option, the Contract may be renewed on the same terms and conditions, at a mutually agreeable Contract
Price for one or more periods of up to _________(____) [Complete before the Contract is signed in
accordance with Section 4.1 of RFP.] additional years (each an “Extension Term”). The Initial Term and each
Extension Term are collectively the “Contract Term.”
Notwithstanding the foregoing and the expiration of the Initial Term or any Extension Term, the Contract
shall continue at the same Contract Price and terms on a month-to-month basis upon mutual written
agreement by both Buyer and Seller until Buyer is able to negotiate and execute new agreements for the
supply and transportation of Gas to the Delivery Point. The Initial Term and any Extension Term may be
collectively referred to as the “Contract Term.”
No expiration or termination of the Contract shall relieve either party of any obligations under the Contract
that by their nature survive expiration or termination, including Sections ___________________________
and ____.” [TO BE COMPLETED PRIOR TO EXECUTION OF CONTRACT.]
Section 14. Miscellaneous
Section 14.1 is deleted in its entirety and the following substituted in its place:
“14.1 This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal
representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and
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obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in
whole or in part, shall be made without the prior written consent of the non-assigning party (and shall not
relieve the assigning party from liability hereunder), which consent shall not be unreasonably withheld or
delayed.
“14.7 Relationship of the Parties. Subject to Section 14.1, nothing in the Contract shall provide any benefit
to any third party or entitle any third party to any claim, cause of action, remedy or right of any kind, it
being the intent of the parties that the Contract shall not be construed as a third party beneficiary
contract. Seller shall not provide, and nothing herein shall be construed as the provision of, advice
regarding the value or the advisability of trading in “commodity interests” which would cause Seller or an
affiliate of Seller to be considered a commodity-trading advisor under the Commodity Exchange Act, 7
U.S.C. §§1-25, et seq., as amended.”
“Neither party shall disclose directly or indirectly without the prior written consent of the other party the
terms of any transaction to a third party (other than the legislature and agencies of the State of Texas and
their employees and agents, and the employees, lenders, royalty owners, counsel, accountants and other
agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights
under the Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in
order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for
the enforcement of the Contract , (iii) to the extent necessary to implement any transaction, or (iv) to the
extent such information is delivered to such third party for the sole purpose of calculating a published
index. Each party shall notify the other party of any proceeding of which it is aware which may result in
disclosure of the terms of any transaction (other than as permitted hereunder). The existence of the
Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled
to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality
obligation. Notwithstanding the foregoing, Seller acknowledges that the Contract and all information,
documentation and other material submitted by Seller to Buyer in connection with the Contract may be
subject to public disclosure under the Texas Public Information Act (Chapter 552, Texas Government Code).
Seller is hereby notified that Buyer strictly adheres to this statute and the interpretations thereof rendered
by the courts and the Texas Attorney General. Seller shall be deemed to have knowledge of this law and
the means of protecting Seller’s legitimate interests.”
Section 14 is amended to add the following additional Sections 14.12 through 14.44:
“14.12 No Other Modifications. The parties represent and warrant that the General Terms and Conditions
of the Base Contract have not been modified, altered, or amended in any respect except for these Special
Provisions (and all exhibits, addenda, and attachments hereto) which are attached to and made a part of
the Base Contract.
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14.13 Dispute Resolution. To the extent that Chapter 2260, Texas Government Code, as it may be
amended from time to time ("Chapter 2260"), is applicable to the Contract and is not preempted by other
applicable law, the dispute resolution process provided for in Chapter 2260 shall be used, as further
described herein, by Buyer and Seller to attempt to resolve any claim for breach of contract made by
Seller:
Seller’s claims for breach of the Contract that the parties cannot resolve pursuant to other provisions of
the Contract or in the ordinary course of business shall be submitted to the negotiation process provided in
subchapter B of Chapter 2260. To initiate the process, Seller shall submit written notice, as required by
subchapter B of Chapter 2260, to Buyer in accordance with the notice provisions in the Contract. Seller’s
notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the
date and nature of the event giving rise to the claim, the specific contract provision that Buyer allegedly
breached, the amount of damages Seller seeks, and the method used to calculate the damages.
Compliance by Seller with subchapter B of Chapter 2260 is a required prerequisite to Seller’s filing of a
contested case proceeding under subchapter C of Chapter 2260. The chief business officer of Buyer, or
such other officer of Buyer as may be designated from time to time by Buyer by written notice thereof to
Seller in accordance with the notice provisions in the Contract, shall examine Seller’s claim and any
counterclaim and negotiate with Seller in an effort to resolve such claims.
If the parties are unable to resolve their disputes under subparagraph a of this Section, the contested case
process provided in subchapter C of Chapter 2260 is Seller’s sole and exclusive process for seeking a
remedy for any and all of Seller’s claims for breach of the Contract by Buyer.
Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required
prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices
and Remedies Code. The parties hereto specifically agree that (i) neither the execution of the Contract by
Buyer nor any other conduct, action or inaction of any representative of Buyer relating to the Contract
constitutes or is intended to constitute a waiver of Buyer’s or the state's sovereign immunity to suit and (ii)
Buyer has not waived its right to seek redress in the courts.
The submission, processing and resolution of Seller’s claim is governed by the published rules adopted by
the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or
subsequently amended.
The parties agree that any periods set forth in the Contract for notice and cure of defaults are not waived.
14.14 Approval by the Texas General Land Office. In accordance with Texas law, the Texas General Land
Office may periodically review and approve the Contract in accordance with Subchapter H, Chapter 31,
Natural Resources Code, and Chapter 8, Volume 31, Texas Administrative Code. Seller acknowledges and
agrees that if at any time the Texas General Land Office fails to approve the Contract, Buyer may terminate
the Contract without penalty, except as otherwise specifically provided in the Contract.
14.15 Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.903, Texas
Government Code, Seller agrees that any payments owing to Seller under the Contract may be applied
directly toward any debt or delinquency that Seller owes the State of Texas or any agency of the State of
Texas regardless of when it arises, until such debt or delinquency is paid in full.
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14.16 Texas Family Code Child Support Certification. Pursuant to Section 231.006, Texas Family Code,
Seller certifies that it is not ineligible to receive the award of or payments under the Contract and
acknowledges that the Contract may be terminated and payment may be withheld if this certification is
inaccurate.
14.17 Venue. Harris County, Texas, shall be the proper place of venue for suit on or in respect of the
Contract.
14.18 Loss of Funding. Performance by Buyer under the Contract may be dependent upon the
appropriation and allotment of funds by the Texas State Legislature (the "Legislature") and/or allocation of
funds by the Board of Regents of the University of Texas System (the "Board"). If the Legislature fails to
appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then Buyer shall
issue written notice to Seller and Buyer may terminate the Contract without further duty or obligation
hereunder; except with regard to making payments then due and owing for gas delivered. Seller
acknowledges that appropriation, allotment, and allocation of funds are beyond the control of Buyer.
14.19 State Auditor’s Office. Seller understands that acceptance of funds under the Contract constitutes
acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively,
“Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Sections
51.9335(c), 73.115(c) and 74.008(c), Texas Education Code. Seller agrees to cooperate with the Auditor in
the conduct of the audit or investigation, including without limitation providing all records requested.
Seller shall include this provision in all contracts with permitted subcontractors.
14.20 Technology Access. Seller represents and warrants (the “EIR Accessibility Warranty”) that the
electronic and information resources and all associated information, documentation, and support that it
provides to Buyer under the Contract (collectively, the “EIRs”) comply with the applicable requirements set
forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the
Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.)
To the extent Seller becomes aware that the EIRs, or any portion thereof, do not comply with the EIR
Accessibility Warranty, then Seller represents and warrants that it shall, at no cost to Buyer, either (1)
perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the
EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Seller fails or is unable to
do so, then Buyer may terminate the Contract and Seller shall refund to Buyer all amounts Buyer has paid
under the Contract within thirty (30) days after the termination date.
14.21 Subcontracting. Except as specifically provided in the RFP’s Section 8.6 ADDENDUM F –
HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN, attached and incorporated for all
purposes, the Seller’s duties and obligations to provide goods and perform services (collectively, the
“Work”) under the Contract may not be subcontracted, in whole or in part, and any attempt to do so shall
(a) not be binding on Buyer; and (b) be a breach of the Contract for which Seller shall be subject to all
remedial actions provided by Texas law, including Chapter 2161, Texas Government Code, and 34 TAC
Sections 20.101 through 20.108.
14.22 Historically Underutilized Business Subcontracting Plan. Seller agrees to use good faith efforts to
subcontract the Work in accordance with the Historically Underutilized Business Subcontracting Plan
(“HSP”), if applicable (ref. Section 8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS
SUBCONTRACTING PLAN). Seller agrees to maintain business records documenting its compliance with the
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HSP and to submit a monthly compliance report to Buyer in the format required by the Texas Procurement
and Support Services Division (“TPASS”) of Texas Comptroller of Public Accounts. Submission of
compliance reports shall be required as a condition for payment under the Contract. If Buyer determines
that Seller has failed to subcontract as set out in the HSP, Buyer shall notify Seller of any deficiencies and
give Seller an opportunity to submit documentation and explain why the failure to comply with the HSP
should not be attributed to a lack of good faith effort by Seller. If Buyer determines that Seller failed to
implement the HSP in good faith, Buyer, in addition to any other remedies, may report nonperformance to
the TPASS in accordance with 34 TAC Sections 20.101 through 20.108, . Buyer may also revoke the
Contract for breach and make a claim against the Seller.
14.23 Changes to the HSP. If at any time during the term of the Contract, Seller desires to change the
HSP, before the proposed changes become effective (a) Seller must comply with 34 TAC Section 20.14; (b)
the changes must be reviewed and approved by Buyer; and (c) if Buyer approves changes to the HSP, the
Contract must be amended in accordance with Section 14.4 to replace the HSP with the revised
subcontracting plan.
14.24 Expansion of the Work. If Buyer expands the scope of the Work through a change order or any
other amendment, Buyer shall determine if the additional Work contains probable subcontracting
opportunities not identified in the initial solicitation for the Work. If Buyer determines additional probable
subcontracting opportunities exist, Seller shall submit an amended subcontracting plan covering those
opportunities. The amended subcontracting plan must comply with the provisions of 34 TAC Section 20.14
before (a) the Contract may be amended to include the additional Work; or (b) Seller may perform the
additional Work. If Seller subcontracts any of the additional subcontracting opportunities identified by
Buyer without prior authorization and without complying with 34 TAC Section 20.14, Seller shall be
deemed to be in breach of the Contract under Section 10 and shall be subject to any remedial actions
provided by Texas law including Chapter 2161, Texas Government Code, and 34 TAC Section 20.14. Buyer
may report nonperformance under the Contract to the TPASS in accordance with 34 TAC Sections 20.101
through 20.108.
14.25 Limitations. The Parties are aware that there are constitutional and statutory limitations on the
authority of Buyer (a state agency) to enter into certain terms and conditions that may be part of the
Contract, including, but not limited to, those terms and conditions relating to liens on Buyer’s property;
disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers,
disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to
bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions
of third parties; payment of attorneys’ fees; dispute resolution; indemnities; and confidentiality
(collectively, the “Limitations”), and terms and conditions related to the Limitations will not be binding on
Buyer except to the extent authorized by the laws and Constitution of the State of Texas.
14.26 Access to Seller Service Representative. Seller acknowledges that Buyer is an institution of higher
education and, a healthcare and research facility and that the uninterrupted flow of Gas is essential to
Buyer’s educational and research missions and its operations and critical to the health, safety and welfare
of its patients. Seller agrees to provide 24-hour, 7-days per week access by telephone to a Buyer care
representative who shall give all requests for assistance the highest priority for resolution. The toll-free
telephone number for Buyer to contact Seller’s customer care service is _______________________
[Information to be provided by Seller.].
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14.27 Publicity. It is the policy of Buyer that no endorsement by Buyer be stated or implied by Seller for
any of Seller’s products or services. All materials utilizing the name or trademarks of Buyer in advertising,
marketing, and sales promotion materials must be submitted to Buyer’s Office of Public Affairs for
approval, such approval not to be unreasonably withheld, at the following address:
Mailing Address: (Via U.S. Mail)

Vice President of Public Affairs, Unit 229
1515 Holcombe Blvd.
Tel. 713-792-3030
14.28 Independent Contractor. Seller shall, at all times, during the performance of the Contract and in
connection with any services rendered by Seller to Buyer, be considered an independent contractor. No
employer-employee, partnership or joint venture relationship is created by the Contract or by Seller’s
service to Buyer. Buyer is not obligated to provide workers' compensation insurance covering Seller’s
personnel or any other employee insurance or benefits. Except as specifically required under the terms of
the Contract, Seller shall not represent itself to be an agent or representative of Buyer, or any other agency
or instrumentality of the State of Texas. Seller and Buyer further agree that nothing in the Contract shall
be construed to constitute or imply the creation or existence of any fiduciary duty or similar obligation
between Seller and Buyer.
14.29 Debarment. By signing the Contract, Seller confirms that neither Seller nor its Principals are
suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award
of contracts from United States (“U.S.”) federal government procurement or nonprocurement programs,
or are listed in the List of Parties Excluded from Federal Procurement or Nonprocurement Programs issued
by the U.S. General Services Administration. “Principals” means officers, directors, owners, partners, and
persons having primary management or supervisory responsibilities within a business entity (e.g. general
manager, plant manager, head of a subsidiary, division or business segment, and similar positions). Seller
shall provide immediate written notification to Buyer if, at any time prior to award, Seller learns that this
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. This certification is a material representation of fact upon which reliance shall be placed
when Buyer executes the Contract. If it is later determined that Seller knowingly rendered an erroneous
certification, in addition to the other remedies available to Buyer, Buyer may terminate the Contract for
default by Seller.
14.30 United States Office of the Inspector General. By signing the Contract, Seller acknowledges that
Buyer is prohibited by federal regulations from allowing any employee, subcontractor, or agent of Seller to
work on site at Buyer’s premises or facilities if that individual is not eligible to work on federal healthcare
programs such as Medicare, Medicaid, or other similar federal programs. Therefore, Seller shall not assign
any employee, subcontractor or agent that appears on the List of Excluded Individuals issued by the United
States Office of the Inspector General ("OIG") to work on site at Buyer’s premises or facilities. Seller shall
perform an OIG sanctions check quarterly on each of its employees, subcontractors and agents during the
time such employees, subcontractors and agents are assigned to work on site at Buyer’s premises or
facilities. Seller acknowledges that Buyer shall require immediate removal of any employee, subcontractor
or agent of Seller assigned to work at Buyer‘s premises or facilities if such employee, subcontractor or
45
agent is found to be on the OIG's List of Excluded Individuals. The OIG's List of Excluded Individuals may be
accessed through the following Internet website: http://www.epls.gov/
14.31 Segregated Facilities. By signing the Contract, Seller certifies that, except for restrooms and wash
rooms and one (1) or more lactation rooms each of which is segregated on the basis of sex: (1) it does not
maintain or provide for its employees any segregated facilities at any of its establishments and that it does
not permit its employees to perform their services at any location under its control where segregated
facilities are maintained; (2) it shall not maintain or provide for its employees any segregated facilities at
any of its establishments; and (3) it shall not permit its employees to perform their services at any location
under its control where segregated facilities are maintained. Seller agrees that a breach of this certification
is a breach of the Contract and of federal Equal Opportunity law. The term “segregated facilities” means
any waiting rooms, work area, rest rooms and wash rooms, entertainment areas, transportation, or
housing facilities provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or
otherwise. Seller further agrees that, except where it has contracts prior to the award with subcontractors
exceeding $10,000.00 which are not exempt from the provisions of federal Equal Opportunity law, Seller
shall retain such certifications for each one of its subcontractors in Seller’s files, and that it shall forward
the following notice to all proposed subcontractors (except where the proposed subcontractors have
submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF

NONSEGREGATED FACILITIES - A Certification on Nonsegregated Facilities must be submitted prior to the
award of any subcontract exceeding $10,000.00 which is not exempt from the provisions of federal Equal
Opportunity law. The certification may be submitted either for each subcontract or for all subcontracts
during a period (i.e. quarterly, semiannually, or annually).
Seller understands that the penalty for making false statements regarding the subject matters of this
Section is prescribed in 18 U.S.C. 1001.
14.32 Affirmative Action. Seller agrees that a written copy of Seller’s “Civil Rights Action Compliance
Program" shall be provided simultaneously with the Contract and attached and incorporated for all
purposes as the RFP’s Section 8.7 ADDENDUM G - CIVIL RIGHTS ACTION COMPLIANCE PROGRAM, or if
Seller is not required to have such a written program, the reason Seller is not subject to such requirement
shall be provided in writing.
14.33 Assignment of Overcharge Claims. Seller hereby assigns to Buyer any and all claims for overcharges
associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et
seq., or arising under the antitrust laws of the State of Texas, Chapter 15, Texas Business and Commerce
Code. Seller certifies that, to the best knowledge of Seller, neither Seller, nor any affiliate of Seller, nor
anyone acting for Seller, has violated the antitrust laws of the State of Texas or the federal antitrust laws.
14.34 Access to Documents. To the extent applicable to the Contract, in accordance with Section
1861(v)(I)(i) of the Social Security Act (42 U.S.C. 1395x) as amended, and the provisions of 42 CFR Section
420.300, et seq., Seller agrees to allow, during and for a period of not less than four (4) years after the
Contract term, access to the Contract and its books, documents, and records; and contracts between Seller
and its subcontractors or related organizations, including books, documents and records relating to same,
46
by the Comptroller General of the United States, the U.S. Department of Health and Human Services and
their duly authorized representatives.
14.35 Compliance with Law. Seller is aware of, is fully informed about, and in full compliance with its
obligations under applicable law and regulations, including but not limited to Title VI of the Civil Rights Act
of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2),
Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973,
as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated
Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of
1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of
Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically
Disadvantaged Individuals (PL 96-507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.),
the Civil Rights Act of 1991 and all other laws and regulations and executive orders as are applicable.
14.36 Insurance. Seller, consistent with its status as an independent contractor will carry and will cause its
subcontractors to carry, at least the following insurance in the form, with companies admitted to do
business in the State of Texas and having an A.M.Best Rating of A-:VII or better, and in amounts (unless
otherwise specified), as MD Anderson may require:
Workers Compensation Insurance with statutory limits, and Employer’s Liability Insurance with
limits of not less than $1,000,000:
Employers Liability - Each Accident $1,000,000

Employers Liability - Each Employee $1,000,000
Employers Liability - Policy Limit $1,000,000
Policies must include (a) other states coverage to include TEXAS if business is domiciled outside the
State of Texas, and (b) a waiver of subrogation in favor of MD Anderson;
Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $1,000,000
Personal & Advertising Injury $1,000,000
General Aggregate $2,000,000
Products - Completed Operations Aggregate $2,000,000
Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits
of not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage;
Umbrella/Excess Liability Insurance with limits of not less than $4,000,000 per occurrence and
aggregate with a deductible of no more than $10,000, and (i) providing coverage in excess of the
coverages of, and (ii) “following form” subject to the same provisions as, the underlying policies
required in Section 11.1.1 Employers Liability Insurance, Section 11.1.2 Commercial General Liability
Insurance, and Section 11.1.3 Business Auto Liability Insurance
Seller will deliver to University:
47
Evidence satisfactory to MD Anderson in its sole discretion, evidencing the existence of all
insurance after the execution and delivery of this agreement and prior to the performance or
continued performance of any services to be performed by Seller under this agreement.
Additional evidence, satisfactory to MD Anderson in its sole discretion, of the continued existence of all
insurance not less than thirty (30) days prior to the expiration of any insurance. Insurance policies, with the
exception of Workers’ Compensation and Employer’s Liability, shall be endorsed and name MD Anderson,
The Board of Regents of The University of Texas System, their officers and employees as Additional
Insured. All policies will be endorsed to provide a waiver of subrogation in favor of MD Anderson, The
Board of Regents of The University of Texas System, their officers and employees. All policies with the
exception of Workers’ Compensation and Employer’s Liability will be endorsed to provide primary and non-
contributory coverage. No policy shall be canceled until after thirty (30) days' unconditional written notice
to MD Anderson. All policies shall be endorsed requiring the insurance carrier providing coverage to send
notice to MD Anderson 30 days prior to any cancellation, material change, or non- renewal relating to any
insurance policy required herein.
14.37 Information Services. On a daily, weekly, monthly or quarterly basis, as agreed by the parties, and
also upon reasonable request by Buyer, Seller shall provide information to Buyer regarding market
information and regulatory updates, including at a minimum (1) market updates, (2) historical and current
savings analyses, (3) price alerts and (4) gas and supply analyses. It is understood and agreed that Seller
shall supply the above-referenced information to Buyer, but all decisions in connection with the
implementation of any advice or recommendations shall be the sole responsibility of, and made by, Buyer,
and Buyer acknowledges that Seller is not in the business of giving, and does not offer hereunder, legal or
tax advice regarding the suitability of any implementation of any such advice or recommendations.
14.38 Ethics Matters; No Financial Interest. Seller and its employees, agents, representatives and
subcontractors have read and understand Buyer’s Conflicts of Interest Policy available at:
http://www.mdanderson.org/about-us/certifications-and-standards/compliance-program/conflict-of-
interest-policy-no.-adm0255.pdf ,University’s Standards of Conduct Guide available at:
http://www.mdanderson.org/about-us/certifications-and-standards/compliance-program/do-the-right-
thing.pdf and applicable state ethics laws and rules available at http://www.utsystem.edu/ogc/ethics.
Neither Seller nor its employees, agents, representatives or subcontractors shall assist or cause Buyer
employees to violate Buyer’s Conflicts of Interest Policy, provisions described by Buyer’s Standards of
Conduct Guide, or applicable state ethics laws or rules. Seller represents and warrants that no member of
the Board has a direct or indirect financial interest in the transaction that is the subject of the Contract.
14.39 OSHA Compliance. Seller represents and warrants that all articles and services furnished under the
Contract meet or exceed the safety standards established and promulgated under the Federal
Occupational Safety and Health Law (Public Law 91-598) and its regulations in effect or proposed as of the
date of the Contract.
14.40 Premises Rules. If the Contract requires Seller’s presence on Buyer's premises or in Buyer’s
facilities, Seller agrees to cause its representatives, agents, employees and permitted subcontractors (if
any) to become aware of, fully informed about, and in full compliance with all applicable Buyer rules and
policies, including, without limitation, those relative to personal health, security, environmental quality,
safety, fire prevention, noise, smoking, and access restrictions.
48
14.41 Notices. Notwithstanding any other requirements for notices given by a party under this Contract,
if Seller intends to deliver written notice to Buyer pursuant to Section 2251.054, Texas Government Code,
then Seller shall send that notice to Buyer as follows:
Kiya Beyene
UT MD Anderson Cancer Center
Houston, TX 77030
Fax: 713-563-1131
Email: kbeyene@mdanderson.org
or other person or address as may be given in writing by Buyer to Seller in accordance with this Section.
SELLER BUYER
__________________________________ __________________________________
THE UNIVERSITY OF TEXAS __________________________________
MD ANDERSON CANCER CENTER __________________________________
By: ________________________________ By:________________________________
Name: ____________________________ Name: _____________________________
Title: ______________________________ Title: ______________________________
Date: _____________________________ Date:_______________________________
49
7.3 Attachment C: Notice of Intent to Respond
Notice of Intent to Respond
__________________________________________________,
(Company Name)
intends to submit a response to MD Anderson’s Request for Proposal No. NG052012/GL (RFP) for Firm
Natural Gas Supply.
The person to contact regarding our response to the RFP is as follows:
Contact Person: ________________________

Title: ________________________
Mailing Address: _________________________

_________________________
_________________________
Telephone Number: _________________________

Fax Number: _________________________
Email Address: _________________________
MDACC prefers that this form be returned via e-mail attachment to: glewis@mdanderson.org.
50
7.4 Attachment D: Vendor’s Affirmation
(see attached .pdf file)
51
SECTION 8: ADDENDA TO RFP
8.1 ADDENDUM A – Seller’s Form to Amend Contract Quantities
(To be provided by Seller in response to RFP)
(Reference Section 7.1.1 Attachment A1: Contract Quantities)
52
8.2 ADDENDUM B – TEMPLATE FOR FIXED AND/OR LOCKED PRICE GAS CONFIRMATION
[To be provided by Seller in response to RFP]
53
8.3 ADDENDUM C – FIXED PRICE AND LOCKED PRICE PROCEDURES
54
8.4 ADDENDUM D – TRIGGER FIXED PRICE AND LOCKED PRICE PROCEDURES
55
8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE
56
8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN
[To be provided by Seller upon proposal submission. (Reference Section 1.11 Historically Underutilized
Businesses)]
57
8.7 ADDENDUM G – CIVIL RIGHTS ACTION COMPLIANCE PROGRAM
[To be provided by Seller prior to contract execution in accordance with Section 14.35 of the Special
Provisions.]
58
8.8 ADDENDUM H – PRICING TEMPLATE
(see attached Excel file)
59

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MDA Gas RFP No NG052012 - GL PDF

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REQUEST FOR PROPOSAL

Firm Natural Gas Supply

Proposal Submittal Due Date: June 14, 2012 at 2:00 PM

SECTION 1: NOTICE TO RESPONDENTS .................................................................................................... 3

SECTION 2: PROPOSAL REQUIREMENTS .................................................................................................. 9

SECTION 3: SPECIFICATIONS .................................................................................................................. 15

SECTION 4: EXECUTION OF OFFER ......................................................................................................... 22

SECTION 5: PRICING SCHEDULE ............................................................................................................. 28

SECTION 6: RESPONDENT QUESTIONNAIRE ........................................................................................... 29

SECTION 7: ATTACHMENTS ................................................................................................................... 31

SECTION 8: ADDENDA TO RFP ............................................................................................................... 52

1.1.1 Texas Natural Resources Code Sections 31.401 and 31.402;

1.3 Submittal Deadline

1.4 Pre-Submittal Conference Call

All Respondents interested in submitting a proposal are advised to participate in a Pre-Submittal

1.5 MD Anderson Contacts

Any questions or concerns regarding this RFP will be directed to:

Glenn E. Lewis, C.P.M.

1.6 Inquiries and Interpretations

1.7 Texas Public Information Act

1.8 Agreement Award Process

1.8.2 For purposes of negotiation, a competitive range of acceptable or potentially acceptable

1.9 Criteria for Selection

1.9.1 Threshold Criteria Not Scored

Pass/Fail Weight Criteria

1.10 Respondent’s Acceptance of Evaluation Methodology

1.11 Historically Underutilized Businesses

1.12 Key Events Schedule

Key Event Milestone Date

2.2.3 Page Size, Binders, Dividers and Electronic Copy

2.2.4 Table of Contents

2.2.6 Number of Copies

Physical Address for Courier Delivery:

2.2.8 Withdrawal or Modification

2.2.9 Validity Period

2.3 Pricing Schedule

2.3.2 MD Anderson is an institution of higher education, a healthcare institution, a government

2.4 Terms and Conditions

2.4.1.2 Base Contract (ref. Section 3.3 Type of Contract)

2.4.1.3 Specifications (ref. Section 3)

2.4.1.4 Proposal Requirements (ref. SECTION 2:)

2.4.1.5 Notice to Respondents (ref. SECTION 1:)

2.5 Submittal Checklist

2.5.1 Signed and Completed Execution of Offer (ref. SECTION 4:)

2.5.5 Responses to Respondent's Questionnaire (ref. SECTION 6: Respondent Questionnaire)

2.5.9 Section 8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE

LDC: Local distribution company

3.3 Type of Contract

Section 1.2 Transaction Procedure Oral, as modified by Section 1.2 of Special

3.3.2 Special Provisions Sheets attached: _______

3.3.3.1 Section 8.1 ADDENDUM A – Seller’s Form to Amend Contract Quantities

3.3.3.5 Section 8.5 ADDENDUM E - FORM OF LIMITED AGENT LETTER, IF APPLICABLE

3.3.3.6 Section 8.6 ADDENDUM F – HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

3.3.3.7 Section 8.7 ADDENDUM G - CIVIL RIGHTS ACTION COMPLIANCE PROGRAM

3.4 Contract Term

3.5 Cost of Gas

By signature hereon, Respondent represents and warrants the following:

4.16 Respondent certifies as follows:

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF

Complete the following:

VIN No. __________________________________________

FEI No. __________________________________________

Charter No. __________________________________________

Prompt Payment Discount: _%_days/net 30 days

No. 1 No.2 No.3 No.4 No.5 No.6 No.7 No.8

By: By:

Name: Name: _

Title: Title:

Date: _ Date:___