1-ITB 7114-25-ELD - LPL Distribution Transformers.pdf

ITB 7114-25-ELD – LP&L Distribution Transformers

INVITATION TO BID

Bids must be addressed to:

Megan Moniz, Buyer, Electric Utilities Lubbock Power & Light 1314 Avenue K, 5th Floor Lubbock, TX 79401

VENDORS ARE STRONGLY ENCOURAGED

TO CAREFULLY READ THE ENTIRE BID.

SEALED BID DO NOT OPEN

ITB 7114-25-ELD

LP&L Distribution Transformers

BID OPENING: Aug 29, 2025 @ 2:00 p.m.

Company Name: ______________________________________________

Contact Name:_________________________________________________

Telephone Number:_____________________________________________

SUBMIT TO:

LUBBOCK POWER & LIGHT

BONFIRE PORTAL

https://lpandl.bonfirehub.com/portal/?ta b=openOpportunities

AN EQUAL

OPPORTUNITY

EMPLOYER

Megan Moniz Buyer I, Electric Utilities

TEL: 806.775.2546

mmoniz@mylubbock.us

TITLE:

LP&L Distribution Transformers

SUBMITTAL DEADLINE:

August 29, 2025, 2:00 p. m. CST

PRE BID DATE, TIME AND LOCATION: Deleted Any bids received after the time and date listed above, regardless of the mode of delivery, shall be returned unopened.

RESPONDENT NAME:

IF RETURNING AS A “NO BID”, PLEASE COMPLETE AND

RETURN THE “STATEMENT OF NO BID”. MAILING ADDRESS:

CITY – STATE – ZIP:

LUBBOCK POWER & LIGHT RESERVES THE RIGHT TO ACCEPT OR

REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY

INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, LP&L

RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO

BE IN THE BEST INTEREST OF LP&L.

IT IS THE INTENT AND PURPOSE OF LUBBOCK POWER & LIGHT THAT

THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER’S

RESPONSIBILITY TO ADVISE THE LUBBOCK POWER & LIGHT BUYER

IIF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS

THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE

REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH

NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE

RECEIVED BY THE BUYER INO LATER THAN FIVE (5) BUSINESS DAYS

PRIOR TO THE ABOVE SUBMITTAL DEADLINE.

TELEPHONE NO:

FAX NO:

E-MAIL:

FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.

THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA.

An officer or employee of Lubbock Power & Light cannot benefit from any contract, job, work or service for the utility or be interested in the sale to Lubbock Power & Light of any supplies, equipment, material or articles purchased. Will any officer or employee of Lubbock Power & Light, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO

IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.

By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to Lubbock Power & Light all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by Lubbock Power & Light. At Lubbock Power & Light’s discretion, such assignment shall be made and become effective at the time Lubbock Power & Light tenders final payment to the vendor.

Authorized Signature Title

Print/Type Name Date

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.

INVITATION TO BID

#7114-25-ELD

https://lpandl.bonfirehub.com/portal/?tab=openOpportunities

BID FORM

LP&L Distribution Transformers

ITB #7114-25-ELD

In compliance with the Invitation to Bid #7114-25-ELD, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #7114-25-ELD is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.

ITEM DESCRIPTION

QTY

(more or less)

U/M

UNIT

COST*

EXTENDED

COST

DELIVERY

DAYS

ARO**

1. Distribution Transformer, 250KVA PADMOUNT/ 1 PH, DUAL VOLT, 120/240, pad mounted type, with Copper- Copper or Copper-Aluminum windings, made in accordance with attached LP&L Specification # DE-0012- 112222.

5 EA $ $

2. Distribution Transformer, 2500KVA PADMOUNT/ 3

PH, DUAL VOLT, 120/208,

pad mounted type, with Copper-Copper or Copper- Aluminum windings, made in accordance with attached LP&L Specification # DE- 0012-112222.

1 EA $ $

OVERALL TOTAL $

BIDDERS MUST SUBMIT THE SIGNED ORIGINAL OF THE SEALED BID TO THE LUBBOCK POWER & LIGHT

BONFIRE PORTAL PRIOR TO RESPONSE DUE DATE/TIME.

TRANSFORMER DATA SHEETS & RETURN PAGES must be submitted with your quote. Failure to provide will result in your quote being deemed non-responsive. Pages 46-48

* Prices quoted are Free On Board (F.O.B.) Destination, Freight Pre-Paid and Allowed.

**Days After Receipt of Order (ARO), delivery time is also a deciding factor on which vendor will be awarded, Factory Stock will not be considered and may result in your quote being deemed non-responsive.

Unless otherwise specified herein, LP&L may award the quote either item-by-item or on an all-or-none basis for any item or group of items shown on the Quote Form.

Notes:

The following shall be the criteria for evaluating and ranking the bids and are made part of the above specifications:

1. Adherence to specifications, operational experience with manufacturer including the timely submission of the text file of delivered units (bidder - please do not place bids on the above if you cannot provide the text file) – 15%

2. Price – 50%

3. Delivery lead time – 35%

4. Call or coordinate with our Ms. Cheyenne Goodman (Tel no. 806 724 5349) one day before actual delivery, for delivery instructions. Outline & nameplate drawings of each item transformer shall be provided with the bid.

Lubbock Power & Light reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities.

The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, and subject to LP&L’s Terms and Conditions provided with its Purchase Order, all of which are made a part of this offer.

This offer is not subject to withdrawal.

MATERIAL SAFETY DATA SHEETS: Seller shall provide LP&L with current Material Safety Data Sheets (MSDS) for each chemical sold and defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container).

MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify LP&L and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective.

PAYMENT TERMS – Bidder offers a prompt payment discount of %, net calendar days to apply after receipt of invoice or final acceptance of the goods or services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate Net 30 days, otherwise payment terms shall be Net 30 days. Discounts will not be considered in determining low bid. LP&L MAY MAKE PAYMENTS

FOR PURCHASES USING THE CITY’S MASTERCARD PURCHASING CARD (PCARD). THE SELLER

AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES.

THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of ____________________, or a partnership consisting of or an individual trading as ______________________________ of the City of_______________________

Firm:

Address:

City: State: Zip

M/WBE

Firm:

Woman Black American Native American

Hispanic American Asian Pacific American

Other (Specify)

By Date:

Authorized Representative - must sign by hand

Officer Name and Title:

Please Print

Business Telephone Number FAX:

FOR LP&L USE ONLY:

Bid Form Item Number(s) Awarded to Above Named Firm/Individual:

Purchase Order/Contract Number: Date P.O./Contract Issued:

LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND

TIME, AND YOUR COMPANY NAME AND ADDRESS.

LP&L Transformers

ITB #7114-25-ELD

LUBBOCK POWER & LIGHT APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL

CONDITIONS, AND ATTACHED SPECIFICATIONS.

I. INSTRUCTIONS TO BIDDERS

1 BID DELIVERY, TIME & DATE

1.1 Lubbock Power & Light is seeking written and sealed competitive bids to furnish LP&L Distribution Transformers per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, August 29, 2025, if date/time stamped on or before 2:00 p.m. within the Lubbock Power & Light Bonfire portal listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE SUBMITTED TO THE LUBBOCK POWER & LIGHT BONFIRE PORTAL. Bids must be submitted to:

1.2 Bidders are responsible for making certain bids are submitted to the Bonfire portal. Lubbock Power & Light assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Bids will be accepted through the Lubbock Power & Light Bonfire portal. No bids will be accepted by oral communication, telephone, mail, telegraphic transmission, or telefacsimile transmission. Lubbock Power & Light WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter.

1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity.

1.5 Lubbock Power & Light reserves the right to postpone the date and time for opening bids through an addendum.

2 PRE-BID MEETING – DELETED

3 CLARIFICATION OF REQUIREMENTS

3.1 It is the intent and purpose of Lubbock Power & Light that this request permits competitive bids. It is the bidder’s responsibility to advise the Lubbock Power & Light Buyer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Buyer Ino later than five

(5) business days prior to the bid closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING

THROUGH THE VENDOR DISCUSSION TAB OF THE BONFIRE PORTAL NO LATER

THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED

TO: Cheyenne Goodman

4 ADDENDA & MODIFICATIONS

4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at https://lpandl.bonfirehub.com/portal/?tab=openOpportunities . We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline.

BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

4.2 Any bidder in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Manager. At the request of the bidder, or in the event the Buyer deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager and will be available over the Internet at https://lpandl.bonfirehub.com/portal/?tab=openOpportunities and will become part of the bid package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by Lubbock Power & Light.

4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. Lubbock Power & Light shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by Lubbock Power & Light in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of Lubbock Power & Light and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses.

4.4 Lubbock Power & Light does not assume responsibility for the receipt of any addendum sent to bidders.

5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS

5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications.

5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid.

6 BID SUBMITTAL

6.1 BIDDERS MUST SUBMIT THE SIGNED ORIGINAL SEALED BID TO THE LUBBOCK POWER

& LIGHT BONFIRE PORTAL PRIOR TO RESPONSE DUE DATE/TIME.

6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK

OR BY TYPEWRITER.

6.3 Lubbock Power & Light is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Buyer upon request.

6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid.

6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs.

The number of calendar days required to place the materials in Lubbock Power & Light’s receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list.

6.6 Bid prices must be firm and may not be modified other than in accordance with the Bid for a minimum period of sixty (60) days. If Bidder is unable to meet the minimum period of time, please provide a brief explanation why the sixty (60) day minimum cannot be met and propose an alternative firm price period for evaluation and consideration.

6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of Lubbock Power & Light when received.

6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

6.9 LABEL FIRST PAGE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING

DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.

7 PROPOSAL PREPARATION COSTS

7.1 Issuance of this RFP does not commit LP&L, in any way, to pay any costs incurred in the preparation and submission of a proposal.

7.2 The issuance of this RFP does not obligate LP&L to enter into contract for any services or equipment.

7.3 All costs related to the preparation and submission of a proposal shall be paid by the Offeror.

8 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

8.2 Lubbock Power & Light will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

8.3 To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Offeror agrees to:

(1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

8.4 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act.

9 LICENSES, PERMITS, TAXES

9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay.

10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

10.1 Lubbock Power & Light hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.

11 CONFLICT OF INTEREST

11.1 By signing their bid, the Bidder certifies and represents to LP&L that Bidder:

11.1.1 Is not owned, controlled, or actively influenced by any City of Lubbock or LP&L employee or an immediate relative of same;

11.1.2 Does not employ or engage any person who is a City of Lubbock or LP&L employee in a management, consulting, or sales capacity; or

11.1.3 Does not employ in any capacity a City of Lubbock or LP&L employee who is in a position to influence the selection of, or who conducts business with, a supplier.

11.2 During the course of this agreement, the Bidder shall not:

11.2.1 Sell an equity or partnership interest to, or seek the counsel or influence of, any City of Lubbock or LP&L employee, or an immediate relative of such employee;

11.2.2 Employ or engage a City of Lubbock or LP&L employee in a management, consulting, or sales capacity; or

11.2.3 Does not employ in any capacity a City of Lubbock or LP&L employee who is in a position to influence, or who conducts business with, a supplier.

11.4 The Bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Lubbock Power & Light.

11.5 By signing their bid, the Bidder certifies and represents to LP&L the Bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this ITB.

12 AUTHORIZATION TO BIND SUBMITTER OF BID

12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by a representative of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it.

12.2 The bid submitted by the bidder shall become an integral part of the contract between Lubbock Power & Light and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same.

13 BID AWARD

13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for Lubbock Power & Light. In determining the best value for the Lubbock Power & Light, Lubbock Power & Light may consider:

a) The purchase price;

b) The reputation of the of the bidder and of the bidder’s goods or services;

c) The quality of the bidder’s goods or services;

d) The extent to which the goods or services meet Lubbock Power & Light’s needs;

e) The bidder’s past relationship with Lubbock Power & Light;

f) The impact on the ability of LP&L to comply with laws and rules relating to contracting with

Historically Underutilized Businesses and non-profit organizations employing persons with disabilities;

g) The total long-term cost to LP&L to acquire goods or services; and

h) Any relevant criteria specifically listed in the Invitation to Bid.

13.2 Lubbock Power & Light reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to Lubbock Power & Light in its sole discretion. Unless otherwise specified herein, LP&L may award the bid either item-by-item or on an all-or-none basis for any item or group of items shown on the Bid Form.

13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed Terms & Conditions will result in disqualification of bid.

13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by Lubbock Power & Light and/or investigation by the Attorney General to determine possible Anti-Trust violations.

13.5 Before LP&L may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state.

13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas and shall include by incorporation all terms and provisions of this Invitation to Bid. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable.

13.7 Responsible Bidder Criteria: Lubbock Power & Light shall consider only responsible Bidders.

Responsible Bidders are those that have, in the sole judgment of Lubbock Power & Light, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. Lubbock Power & Light may also consider references and financial stability in determining a responsible Bidder.

14 EQUAL EMPLOYMENT OPPORTUNITY

14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

15 SPECIFICATIONS

15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded.

15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid.

15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. Lubbock Power & Light specification committee will be the sole determiner of what constitutes a minor deviation.

15.4 Lubbock Power & Light may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. Lubbock Power & Light may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned.

15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number.

15.6 Lubbock Power & Light reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. Lubbock Power & Light will, at its sole discretion, assess warranty offered, and utilize life-cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non-responsive and therefore may not be considered. PLEASE READ AND RESPOND TO

SPECIFICATION REQUIREMENTS CAREFULLY.

16 CONSIDERATION OF LOCATION OF BIDDER’S PRINCIPAL PLACE OF BUSINESS

16.1 Pursuant to Texas Local Government Code 271.9051(b), in purchasing real property or personal property that is not affixed to real property, if LP&L receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within five percent (5%) of the lowest bid price received by LP&L from a bidder who is not a resident of the City of Lubbock, LP&L may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the City of Lubbock if the Electric Utility Board determines, in writing, that the local bidder offers LP&L the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock.

16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility.

17 NONAPPROPRIATION

All funds for payment by LP&L under this contract are subject to the availability of an annual appropriation for this purpose by LP&L. In the event of non-appropriation of funds by the Electric Utility Board of LP&L for the goods or services provided under the contract, LPL will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and LP&L shall not be obligated under this contract beyond the date of termination.

18 QUALIFICATIONS OF BIDDERS

19.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of Lubbock Power & Light that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the goods or service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy Lubbock Power & Light in regard to the Bidder's or his Subcontractor's qualifications.

19.2 Lubbock Power & Light may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work or provide the goods and the Bidder shall furnish to Lubbock Power & Light all information for this purpose that may be requested. Lubbock Power & Light reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy Lubbock Power & Light that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work or provide the goods described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include:

a) The ability, capacity, skill, and financial resources to perform the work or provide the service or goods required;

b) The ability of the Bidder or his Subcontractor to perform the work or provide the service or goods promptly or within the time specified, without delay or interference;

c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor;

d) The quality of performance of previous contracts or services.

19.3 The requirements of Chapter 2274.0101, Texas Government Code, may apply to this bid and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor fails to comply with a requirement of that subchapter.

19 ANTI-LOBBYING PROVISION

20.1 DURING THE PERIOD BETWEEN BID RELEASE DATE AND THE CONTRACT AWARD,

BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY

DISCUSS OR PROMOTE THEIR BID WITH LP&L STAFF EXCEPT IN THE COURSE OF LP&L-

SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS

REQUESTED BY LUBBOCK POWER AND LIGHT.

20.2 This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid.

20 UTILIZATION OF LOCAL BUSINESS RESOURCES

20.1 Lubbock Power & Light desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.

21 PROTEST

21.1 All protests regarding the bid solicitation process must be submitted in writing to the Lubbock Power & Light Buyer within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, as well as any protest relating to alleged improprieties with the bidding process.

21.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF

ANY PROTEST.

22 HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES

22.1 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section

2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section

2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section

2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

22.2 Please list the City of Lubbock-LP&L as the name of governmental entity or state agency that is a party to the contract for which the form is being filed.

22.3 Please reference the bid number and description as the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract.

22.4 Please submit the signed and notarized copy of your sealed bid to the Lubbock Power & Light Bonfire portal.

23 EXECUTIVE ORDER 13920

23.1 Pursuant to Executive Order 13920 (“Executive Order”) and any related prohibition order(s), including but not limited to the “Prohibition Order Securing Critical Defense Facilities,” dated December 17, 2022 (herein after “First Prohibition Order), Bidder shall not acquire for, import for, transfer to, or install for LP&L the following:

(1) Any “bulk power system electric equipment,” as “bulk power system” and “bulk power system electric equipment” are defined in the Executive Order or First Prohibition Order and incorporated herein, including but not limited to the following: bulk-power system substations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capacitor equipment, automatic circuit reclosers, instrument transformers, coupling capacity voltage transformers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, industrial control systems, distributed control systems, safety instrumented system, particularly: (1) power transformers with low-side voltage rating of 69 kV or higher and associated control and protection systems like load tap changer, cooling system, and Sudden Pressure relay,

(2) generator step up transformers with high-side voltage rating of 69 kV or higher and associated control and protection systems like load tap changer, cooling system, and Sudden Pressure relay,

(3) circuit breakers operating at 69 kV or higher, (4) reactive power requirement 69 kV or higher, associated software and firmware installed in any equipment or used in the operation of items listed in 1 through 4, that have been developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of the People’s Republic of China and/or any “foreign adversary” (as defined in the Executive Order, First Prohibition Order, and associated documents and notices, and any subsequent legislation, rules, or regulations interpreting same) (“Qualifying Equipment”); or

(2) Any bulk power system electric equipment identified in Attachment 1 to the First Prohibition Order that (i) has been manufactured or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of the People’s Republic of China, and (ii) is for use by a utility as a component of its Defense Critical Electric Infrastructure (“DCEI”) serving a Critical Defense https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Facility (“CDF”) at a service voltage level of 69kV or higher, from the point of electrical interconnection (at a service voltage level of 69 kV or higher) with the CDF up to and including the next “upstream” transmission substation, to the extent the First Prohibition Order applies (“Prohibited Transactions”).

Bids or Bids that fail to observe these requirements will not be considered for award.

Bidder shall comply with Executive Order 13920 and related prohibition order(s).

If Bidder plans to provide or install Qualifying Equipment or engages in any Prohibited Transactions during the course of its work for LP&L, Bidder must complete a Bulk Power System Disclosure form and shall therein identify the country of registration and location of manufacturer, the identity and country of registration of the supplier (if not the manufacturer), identify the county of registration/nationality and location of the owner and/or owner of the controlling interest of the manufacturer and supplier (as applicable), for each component or sub-component of the Qualifying Equipment Bidder proposes to provide to LP&L.

If Bidder selects a manufacturer or vendor of such equipment that has been pre-qualified by the Secretary of Energy under the Executive Order, Bidder shall be deemed to satisfy the requirements of this section.

Bidder shall provide documentation to LP&L reflecting any such pre-qualification with its response.

24. OWNERSHIP REPRESENTATION AND WARRANTY

To the extent Chapter 2274, Texas Government Code applies to this contract, Contractor represents and warrants that it is not, and during the term of this contract will not be (1) owned by or the majority of stock or other ownership interest of Contractor will not be held or controlled by (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country, as defined in Section 2274.0101, Texas Government Code; or (ii) a company or entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country as defined in Section 2274.0101, Texas Government Code; or (2) headquartered in China, Iran, North Korea, Russia, or a designated country as defined in Section 2274.0101, Texas Government Code. Contractor warrants and represents that LP&L’s contract with Contractor therefore does not and will not violate Texas Government Code Section 2274.0101, et seq.

25 NON-DISCRIMINATION AGAINST FIREARM ENTITIES/TRADE ASSOCIATIONS

Contractor hereby warrants that it is in compliance with Chapter 2274, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) it will not discriminate during the term of the contract against a firearm entity or firearm trade association.

26 NON-BOYCOTT OF ENERGY COMPANIES

Contractor hereby warrants that it is in compliance with Chapter 2274, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not boycott energy companies, and (2) it will not boycott energy companies during the term of this agreement.

27 PRICE ESCALATION CLAUSE

During the life of the Contract, Bidder shall furnish price lists to the LP&L for increases, and those of the Bidder’s supplier (e.g. factory) increases, as prices change. Bidder must also provide a list of the supplier’s (e.g. factory’s) previous price(s) to the LP&L for purposes of comparison. Price changes will be in effect only after receipt and approval by the Purchasing Manager.

Price adjustments may be allowed for "Pass Through" costs incurred by Bidder. Requests for price adjustments will be written, and will include documentation that substantiates additional costs. All requests will be received by LP&L 30 days prior to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or the item(s) in question may be deleted from the Contract with respect to further orders, or the Contract may be canceled and new bids solicited

Lubbock Power & Light is aware of the time and effort you expend in preparing and submitting bids to Lubbock Power & Light. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for Lubbock Power & Light’s business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the Lubbock Power & Light Buyer (806) 775-2546

II. TERMS AND CONDITIONS

**** PLEASE READ CAREFULLY ****

These Terms & Conditions apply to all bids and become a part of the terms and conditions of any bid submitted and any Purchase Order submitted hereunder. LP&L shall mean Lubbock Power & Light. As used herein, Seller and Bidder shall mean one and the same person or entity.

1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller’s name and address, (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. LP&L’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to LP&L until LP&L actually receives and takes possession of the goods at the point or points of delivery.

4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify LP&L of his intention to cure and may then make a conforming tender within the contract time but not afterward.

5. INVOICES & PAYMENTS. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Lubbock Power & Light, Accounts Payable, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery.

6. GRATUITIES. LP&L may, by written notice to the Seller, cancel this contract without liability if it is determined by LP&L that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of Lubbock Power & Light with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event Seller gives or offers gratuities, as set forth, Seller shall be in breach of this contract, and, LP&L shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the LP&L and to the extent feasible shall be identified by the Seller as such.

8. WARRANTY-PRICE.

a. The price to be paid by LP&L shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, LP&L may cancel this contract without liability.

b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, LP&L shall have the right, in addition to any other right, of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall be void and of no effect, and shall further render this contract voidable at the option of the LP&L. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the

Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contract, the Seller represents and warrants fault-free performance and fault-free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure.

Lubbock Power & Light, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub-Seller or any third party involved in the creation or development of the products and services to be delivered to Lubbock Power & Light under this Contract. Failure to comply with any of the obligations contained herein, may result in Lubbock Power & Light availing itself of any of its rights under the law and under this Contract including, but not limited to, it’s right pertaining to termination or default.