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RESOLUTION AUTHORIZING AWARDS OF CONTRACT TO DIRECT ENERGY BUSINESS MARKETING, LLC AND UGIES, LLC FOR NATURAL GASS SUPPLY SERVICES FOR PARTICIPATING MEMBERS OF THE PASSAIC COUNTY ENERGY REGIONAL COOPERATIVE PRICING SYTEM (203PCERCPS),
PURSUANT TO N.J.S.A. 40A:11-1, ET SEQ.
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 48:3-93.1, et seq. and N.J.A.C. 14:4-6.1, et seq., the County is authorized to establish a government aggregator and energy aggregation program to provide for the purchase of electric generation service and natural gas; and
WHEREAS, on September 24, 2013, the Board approved Resolution No. R2013731, establishing a government energy aggregation program pursuant to N.J.S.A. 48:3-93.1, et seq. and N.J.A.C. 14:4-6.1, et seq. (“Energy Aggregation Program”); and
WHEREAS, the purpose of the Energy Aggregation Program is to increase the competition of electric generation and natural gas services, thereby lowering electric and natural gas rates for County residents and non-resident users; and
WHEREAS, as part of the Energy Aggregation Program, the County requires qualified New Jersey Board of Public Utilities licensed third-party electric and/or natural gas suppliers to provide electric and natural gas services to participating members of the Passaic County Energy Regional Cooperative Pricing System (“PCERCPS”) ID #203PCERCPS; and
WHEREAS, on July 28, 2026, the Purchasing Agent issued SB-26-028, Natural Gas for the Participating Members of the Passaic County Energy Regional Cooperative Pricing System - Online Reverse Auction (“SB-26-028”), seeking licensed third-party natural gas suppliers to provide natural gas services for participating members of the PCERCPS under the Energy Aggregation Program, responses to which were unsealed on August 25, 2026; and
WHEREAS, the Purchasing Agent is recommending the award of contracts to the lowest responsible bidders to SB-26-028 be made as follows, for a total amount not to exceed five hundred forty-two thousand two hundred and eighty-one dollars ($542,281.00), and for a term beginning on March 1, 2027, and expiring on November 30, 2028: Great American Gas and Electric, LLC for Bid Groups 1D and 3D; and Direct Energy Business, LLC for Bid Group 2D, based on Fixed Basis Upcharge Pricing as follows:
• Bid Group 1D Great American Gas and Electric, LLC $2.1279/DTH
• Bid Group 2D Direct Energy Business, LLC $1.76144/DTH
• Bid Group 3D Great American Gas and Electric, LLC $1.5172/DTH
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., the above-listed vendors executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying they are not involved in prohibited activities in Russia and Belarus, and the County confirmed that said vendors are not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, funds are available in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2021 and/or subsequent years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, this matter was discussed at the August 26, 2026, meeting of the Administration and Finance Committee, and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-1, et seq., the Board of County Commissioners of the County of Passaic authorizes the award of the following contracts to the lowest responsible bidders to SB-26-028, for a total amount not to exceed five hundred forty-two thousand two hundred and eighty-one dollars ($542,281.00), and for a term beginning on March 1, 2027 and expiring on November 30, 2028: Great American Gas and Electric, LLC for Bid Groups 1D and 3D; and Direct Energy Business, LLC for Bid Group 2D, based on Fixed Basis Upcharge Pricing as follows:
• Bid Group 1D Great American Gas and Electric, LLC $2.1279/DTH
• Bid Group 2D Direct Energy Business, LLC $1.76144/DTH
• Bid Group 3D Great American Gas and Electric, LLC $1.5172/DTH
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, Purchasing Agent and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB September 8, 2026