1-RFQ 7118-25-ELD - Professional Engineering Services to act as LPL’s Independent Representative for a Design Build Project.docx

RFQ# 7118-25-ELD, Professional Engineering Services to act as LP&L’s Independent Representative for a Design/Build Project

REQUEST FOR QUALIFICATIONS

LUBBOCK POWER & LIGHT

RFQ# 7118-25-ELD

Professional Engineering Services to act as LP&L’s Independent Representative for a Design/Build Project

ISSUED BY:

Lubbock Power & Light Purchasing Office 1314 Avenue K, 5th Floor Lubbock, Texas 79401 August 28, 2025

Lubbock Power & Light Professional Engineering Services to act as LP&L’s Independent Representative for a Design/Build Project Request for Qualifications

7118-25-ELD

A. BACKGROUND

Lubbock Power & Light (LP&L) is seeking Qualifications Statements from Engineering Program Management consulting firms to act as LP&L’s representative (TLGC Sec. 2269.305) during a design/build of a 5-year multi-project program using a professional program management firm. The intent of this program is to resolve congestion issues on the LP&L system and prepare for future growth.

Firms are invited to submit demonstrated competence and qualifications of their firms for providing these services to include program management, project management, engineering, environmental and permitting, construction management, system planning support, substation and transmission assessment and procurement support services.

The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the decision.

Please note the selected representative will not be allowed to participate in the design/build phase.

B. GENERAL

LP&L intends to competitively bid through a design/build process, the construction of a 345 kV injection point on the west side of its system, building new infrastructure, and upgrading existing infrastructure as part of a 5-year program using a professional program management firm. The program will include many transmission and substation projects that include new transmission design, construction and rebuilds; green field and brown field substation design and construction; system assessment for compliance with regulatory and performance requirements; and substation relay and infrastructure upgrades.

C. SCOPE OF WORK

The selected firm may be asked to perform the following services including, but not limited to:

· Work closely with LP&L to develop a master plan that accomplishes all objectives within budget and timeline;

· Program and project management oversight for projects that include engineering, environmental and permitting, acquisition of land (including ROW and easements), construction management, procurement support, system planning support, substation and transmission assessment;

· Track and control program timelines and budgets;

· Coordinate with LP&L team;

· Prepare a description of the Project for RFQ/RFP;

· Assist in preparing the RFQ/RFP;

· Prepare the General Outline of the Scope of Work for the Project and Design Criteria Package for the Project;

· Create the Master Evaluation Work Sheet and Scoring Criteria for Qualifications;

· Assist LP&L in evaluating Qualifications;

· Assist in selecting up to Five Finalists from the Qualifications Submitted;

· Create the Master Evaluation Work Sheet and Scoring Criteria for the Final Proposals;

· Evaluate the Final Proposals;

· Assist in selecting the Final Proposal that provides the “Best Value” to LP&L;

· Determine compliance and viability of final construction plans and designs;

· Assist or manage the procurement and delivery of material, especially items with lengthy lead times;

· Monitor all parts of the construction on LP&L’s behalf;

· Conduct Monthly/Bi-monthly/Weekly Project meetings during design, procurement, and construction phases;

· Prepare and submit comprehensive reports to include closeout docs and handover on the construction and the Project meetings;

· Perform inspection and quality management services during the construction process including, but not limited to comprehensive reports and photos;

· Review and approve the percentage of completion or draw requests as appropriate;

· Participate in resolution of disputes or issues regarding design, procurement, budget, schedule, and construction;

· Review Inspection and construction materials testing reports;

· Prepare Final punch list with Contractor and Design Builder and update punch list until all items are completed;

· Provide guidance and recommendations for commissioning and acceptance of Projects; Prepare Final Walk-Through inspection prior to the end of the Contractor’s Warranty Period;

· Ensure effective program and project closeout activities are complete and final documentation is delivered to LP&L;

· Represent LP&L interest and/or LP&L’s position to any neighboring utilities or overseeing regulatory entity on an as needed basis.

D. SELECTION AND AWARD PROCESS

Lubbock Power and Light uses a two-step process for the final selection of a qualified consultant.

Step 1 consists of a Qualifications package submitted by firms interested in being considered. LP&L may select three (3) or more short-listed firms based on an evaluation of the written materials submitted. Short-listed firms may be asked to submit additional information.

Step 2 consists of the selection of one finalist with the short-listed firms. LP&L reserves the rights to expand the selection process to include interviews if deemed necessary. LP&L initiates negotiations with the selected consultant to develop a scope of work. If negotiations are unsuccessful, LP&L enters into the process with the next highest ranked short-listed firm. The contract may be subject to approval by LP&L Electric Utility Board.

Professional services are procured in accordance with Chapter 2254 of the Government Code, Title 10, Subchapter A, Professional Services, and LP&L’s Purchasing Policies and Procedures. Selection of the most highly qualified respondent is made based on demonstrated competence and qualifications as determined by Lubbock Power & Light based on information provided in response to the RFQ.

NO INDIVIDUAL OF ANY LP&L DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT LUBBOCK POWER & LIGHT TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THE REQUEST FOR QUALIFICATIONS.

E. SUBMISSION PROCESS, DUE DATE, AND REQUIRED DOCUMENTS

One signed original of the response to be uploaded on the Bonfire portal, including all required forms and applicable supporting documentation, are required. Failure to submit on Bonfire will result in the proposal being declared unresponsive.

https://lpandl.bonfirehub.com/portal/?tab=openOpportunities Responses must be submitted on Bonfire no later than September 30, 2025, @ 3:00 PM.

Submittals received later than the above date and time will be rejected.

Page Format:

Respondents are encouraged to use their own format within the guidelines described in the RFQ. If the response exceeds the maximum number of 39 pages, it may be rejected without review and will not be considered further. Submit in Bonfire one signed original in the following format:

· Maximum page size for graphics: 11 inches by 17 inches.

· Maximum page size for text: 8.5 inches by 11 inches.

· Minimum line spacing: 1.5

· Minimum font size: 11 point (except for documents prepared by others; e.g., Professional Liability Insurance Certificate).

· Minimum margins: 1 inch on all sides.

G. SCHEDULE FOR SELECTION PROCESS

· Offerors shall not request information verbally. Questions must be directed to Felix Orta through the Bonfire Portal only. Questions relating to definitions or interpretations of the RFQ must be submitted in writing on or before September 18, 2025 @ 5:00 PM CST.

· Any changes, additions, or clarifications to the RFQ 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.

· A Screening Committee reviews submittals and determines which qualified candidates are invited to present their qualifications further at an interview with the Screening Committee.

H. RIGHT OF LP&L TO CANCEL REQUEST FOR QUALIFICATIONS, TO ELECT NOT TO AWARD, TO REJECT SUBMITTALS, AND TO WAIVE INFORMALITIES OR IRREGULARITIES LP&L expressly reserves the right to cancel the RFQ at any time, to elect not to award contracts cited in the RFQ, to reject any or all submittals, to waive any informality or irregularity in any submittal received, and to be the sole judge of the merits of the respective submittals received.

I. EQUAL OPPORTUNITY IN LP&L’S BUSINESS CONTRACTING

Race, religion, sex, color, ethnicity, age and national origin are not used as criteria in LP&L’s business contracting practices. Every effort is made to ensure that all persons regardless of race, religion, sex, color, ethnicity and national origin have equal access to contracts and other business opportunities with LP&L.

J. INQUIRIES AND INTERPRETATIONS

Responses to inquiries that directly affect an interpretation or change to the RFQ are issued in writing by the Purchasing Office as an addendum to the RFQ. All such addenda issued by the Purchasing Office before the time that Qualification packages are received shall be considered part of the RFQ.

Only those inquiries the Purchasing Office replies to by addenda shall be binding. Oral and other interpretations or clarifications are without legal effect.

K. ANTI-LOBBYING PROVISION

DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR QUALIFICATIONS WITH ANY MEMBER OF LUBBOCK POWER & LIGHT’S UTILITIY BOARD MEMBERS, CITY COUNCIL MEMBERS OR LP&L/CITY STAFF EXCEPT UPON THE REQUEST OF LP&L’S PURCHASING DEPARTMENT IN THE COURSE OF LP&L’S-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.

This provision is not meant to preclude respondents from discussing other matters with LP&L Electric Utility Board, City Council members or LP&L/City staff. The policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public, and to protect the integrity of the RFQ process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the respondent’s proposal.

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.

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.

Please submit the signed and notarized copy with your sealed qualifications or mail to LP&L’s Purchasing Department, 1314 Ave K, Lubbock, Texas 79401.

M. EXECUTIVE ORDER 13920

Pursuant to Executive Order 13920 (“Executive Order”), Offeror shall not acquire for, import for, transfer to, or install for LP&L, any “bulk power system electric equipment,” as “bulk power system” and “bulk power system electric equipment” are defined in the Executive 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, and safety instrumented system, that have been developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a “foreign adversary” (as defined in the Executive Order, and any subsequent legislation, rules, or regulations interpreting same) (“Qualifying Equipment”). Qualifications that fail to observe this requirement will not be considered for award.

Offeror shall comply with Executive Order 13920.

If Offeror plans to provide or install Qualifying Equipment during the course of its work for LP&L, Offeror must complete 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 seller (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 seller (as applicable), for each component or sub-component of the Qualifying Equipment Offeror proposes to provide to LP&L.

If Offeror selects a manufacturer or vendor of such equipment that has been pre-qualified by the Secretary of Energy under the Executive Order, Offeror shall be deemed to satisfy the requirements of this section. Offeror shall provide documentation to LP&L reflecting any such pre-qualification with its response

N. NON-DISCRIMINATION AGAINST FIREARM ENTITIES/TRADE ASSOCIATIONS

Offeror 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.

O. NON-BOYCOTT OF ENERGY COMPANIES

Offeror 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.

P. TEXAS PUBLIC INFORMATION ACT

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this an Agreement entered into from this RFQ and Offeror agrees that the Agreement can be terminated if Offeror knowingly or intentionally fails to comply with a requirement of that subchapter.

To the extent Subchapter J, Chapter 552, Government Code applies to any agreement under this RFQ, if selected, Offeror agrees to: (1) preserve all contracting information related to the Agreement 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 Agreement 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 Agreement that is in the custody or possession of the entity; or (B) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the governmental body.

Q. NON-BOYCOTT OF ISRAEL

Offeror hereby warrants that it is in compliance with Chapter 2271, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not boycott Israel and (2) it will not boycott Israel during the term of the contract.

R. NON-APPROPRIATION

All funds for payment by LP&L under an agreement are subject to the availability of an annual appropriation for this purpose by the City of Lubbock. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under any Agreement, LP&L will terminate the Agreement on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by the Agreement is spent, whichever event occurs first (the “Non-Appropriation Date”). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by Offeror 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 any Agreement beyond the Non-Appropriation Date.

S. OFFEROR CERTIFICATION

By submitted a response to this RFQ, Offeror verifies, warrants, and represents the following:

· Offeror is not owned, controlled or actively influenced by any City of Lubbock or LP&L employee or immediate relative of said employee.

· Offeror does not employ in a management, consulting, or sales capacity any person who is a City of Lubbock or LP&L employee.

· The vendor 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 conduct business with, such supplier.

NOTE: This RFQ is available in Microsoft Word format at https://lpandl.bonfirehub.com/portal/?tab=openOpportunities under Lubbock Power and Light.

LUBBOCK POWER & LIGHT

STATEMENT OF QUALIFICATIONS

Professional Engineering Services to act as LP&L’s Independent Representative for a Design/Build Project

Candidates must complete each of the following items in order to be considered.

1. FIRM NAME:

2. BUSINESS ADDRESS:

3. TELEPHONE, WITH AREA CODE:

FAX, WITH AREA CODE:

E MAIL ADDRESS:

INTERNET URL ADDRESS:

4. TYPE OF ORGANIZATION: (CHECK ONE)

5. PRINCIPALS (P) AND ASSOCIATES (A):

(WRITE “P” OR “A” FOR EACH)

a. _________________________ ___ ______________ _______________

b. _________________________ ___ ______________ _______________

c. _________________________ ___ ______________ _______________

6. LIST FIVE MAJOR ENGAGEMENTS WITHIN THE PAST FIVE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITH SIMILAR ENGAGEMENTS. (Cost Optional). LP&L cannot be referenced.

ENGAGEMENT OWNER YEAR COST

a. ____________________________ ___________________ _____ _________

b. ____________________________ ___________________ _____ _________

c. ____________________________ ___________________ _____ _________

d. ____________________________ ___________________ _____ _________

e. ____________________________ ___________________ _____ _________

7. REFERENCES:

(INCLUDE AT LEAST THREE REFERENCES FROM THREE SIMILAR ENGAGEMENTS) LP&L cannot be referenced.

NAME RELATIONSHIP PHONE NUMBER

a. _____________________ ________________________ __________________

b. _____________________ ________________________ __________________

c. _____________________ ________________________ __________________

d. _____________________ ________________________ __________________

e. _____________________ ________________________ __________________

SUBMITTED BY:

PRIVACY NOTIFICATION

The principal purpose for requesting the above information is for use in the selection process for professionals commissioned by Lubbock Power & Light.

Furnishing all information requested on the form is mandatory. Failure to provide such information will delay or may even prevent completion of the action for which the form is being completed. Information on the form is used by the Lubbock Power & Light and its Management Team in the consideration of commissions to professionals.

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

Submittals are opened in a manner that avoids disclosure of the contents to competing offerors and keeps the submittals secret during negotiations. All submittals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the submittals are not open for inspection, to the extent permitted by law.

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 submittal 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 submittal 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.

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

ADDITIONAL SELECTION SUBMITTALS

AND

DESCRIPTION OF SELECTION CRITERIA

Candidates must respond in writing to each of the following additional selection submittals in order to be considered. Each category represents criteria that are used to select the successful respondent.

1. PROJECT TEAM ORGANIZATION AND QUALIFICATIONS (40%)

· Qualifications and previous related work of key project personnel, particularly with regard to working with municipal electric utilities of similar size, government structure, complexity and issues.

· Communication and logical structure of the team organization.

Project Team Organization Page Limit: 2 Include an organizational chart of the project team.

Indicate each team member’s name, title, license (if applicable), and years of experience necessary for the engagement.

Project Team Qualifications Page Limit: 4 Describe the qualifications of each team member as it relates to the scope of work.

Include descriptions of relevant previous projects that key project staff has played a central role in developing.

Include educational background.

Include professional license status.

2. EXPERIENCE ON SIMILAR PROJECTS (20%)

· Record of performance of the firm based on previous work with municipal electric utilities and/or other client references.

· Ability to complete the work on time and within budget.

Past Project Experience Page Limit: 4 Discuss the firm’s experience on similar projects.

Include similar projects within the past two years in Texas.

Include a brief description of each relevant project that includes: (1) project scope, (2) location, (3) client liaison name and phone number, (4) proposed and actual start and completion dates, and (5) other pertinent information.

3. PROJECT APPROACH (30%)

· Proposed methodology

· Types of services to be provided

Project Approach Page Limit: 5 Discuss the approach to be used to complete the work.

Indicate the responsibilities of each team member, include the technical capabilities and professional competence of individual(s) assigned to the project Indicate the office location from which the work is to be performed.

4. OVERALL RESPONSIVENESS TO THE RFQ (10%)

· General Information of Firm and Electronic capabilities

· Summary

· Proof of insurance

· Additional information General Information of Firm and Electronic Capabilities Page Limit: 3 Discuss the firm’s capabilities to use electronic systems; e.g., email, computer drafting (indicate software used).

Attach a Certificate of Insurance identifying:

· Name of the insurance carrier

· Policy Number and expiration date

· Limits of liability and deductible

Auto Liability Requirements: $1M/occurrence is needed Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). Commercial General Liability to include Products – Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).

Commercial General Liability Heavy Equipment Endorsement: NOT APPLICABLE Commercial General Liability Digging Endorsement: NOT APPLICABLE Professional Liability Requirements: $2M occurrence / $4M aggregate Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability ($1M) is required with Workers Compensation.

Special Insurances Crime Protection Coverage Requirements: NOT APPLICABLE Aircraft (Manned) Liability Requirements: NOT APPLICABLE Aircraft (Unmanned) Liability Requirements: NOT APPLICABLE Aircraft Aerial Application Liability Requirements: NOT APPLICABLE

* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp.

* Waivers of Subrogation are required for CGL, AL, and WC.

* To Include Products of Completed Operations endorsement.

* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.

* Carriers must meet a A.M. Best rating of A- or better.

* Subcontractors must carry same limits as listed above.

Additional Information Page Limit: 3 Include any information deemed pertinent that has not been included elsewhere in the response.

Appendix: Page Limit: 6

NO STATEMENT OF FEES FOR THE SUBJECT SCOPE OF WORK, EITHER HOURLY OR FIXED PROPOSAL COST, SHALL BE INCLUDED WITH THE SUBMITTAL.

SUSPENSION AND DEBARMENT CERTIFICATION

Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients).

Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency.

Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency.

I, the undersigned agent for the firm named below, certify that neither the firm nor its principals are suspended or debarred by a Federal agency.

COMPANY NAME:

Firm’s Federal Tax ID Number: _____________________________________________ Signature of Company Official:

Printed name of company official signing above:

Date Signed:

State Law Verifications

I, __________________________________ (Person name), the undersigned representative of (Company or Business name)_________________________________________________________________________________________________________________________ (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapters 2271 and 2274:

1. Does not boycott Israel currently; and

1. Will not boycott Israel during the term of the contract the above-named Company, business or individual may have with the City of Lubbock acting by and through Lubbock Power & Light.

Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

1. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

Furthermore, the company named above verifies that (1) it does not boycott energy companies; and (2) it will not boycott energy companies during the term of the contract with the City of Lubbock, acting by and through Lubbock Power & Light.

Pursuant to Section 2274.001, Texas Government Code:

1. “Boycott energy company” means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (b) does business with a company described by paragraph (a).

Furthermore, the company named above verifies that (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract with the City of Lubbock, acting by and through Lubbock Power & Light, against a firearm entity or firearm trade association.

Pursuant to Section 2274.001, Texas Government Code:

1. “Ammunition” means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile.

1. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit. The term does not include a sole proprietorship.

1. “Discriminate against a firearm entity or firearm trade association” (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.

1. “Firearm” means a weapon that expels a projectile by the action of explosive or expanding gases.

1. “Firearm accessory” means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine.

1. “Firearm entity” means: (A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B) a sport shooting range as defined by Section 250.001, Local Government Code.

1. “Firearm trade association” means any person, corporation, unincorporated association, federation, business league, or business organization that: (A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B) has two or more firearm entities as members; and (C) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code.

ON THIS THE _____ day of _________________________, 20____, personally appeared ________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL ____________________________________ NOTARY SIGNATURE

BULK POWER SYSTEM SOURCING

DISCLOSURE FORM

The following form must be completed if you or your company plans to acquire for, import for, transfer to, or install for LP&L Qualifying Equipment as defined in the LP&L “General Conditions of the Agreement”. Completion of this form will not be necessary if you or your company is or selects a manufacturer or vendor for all such equipment that has been pre-qualified by the Secretary of Energy under the Executive Order.

In the table below, please provide the following information for each component and/or subcomponent of all Qualifying Equipment manufactured, acquired, and/or transferred by the People’s Republic of China or a “Foreign Adversary” (as that term is defined by the Executive Order and any associated documents and notices, or subsequent legislation, rules, or regulations interpreting same), as applicable, that you plan to acquire for, import for, transfer to, or install for LP&L.

(i) On Line 1 below, indicate the manufacturer(s), importer(s), vendors/supplier(s), and/or owner(s) of the manufacturer(s), importer(s), vendor/supplier(s), of each component or sub-component of Qualifying Equipment as applicable; and

(ii) On Line 2, indicate the owning country, the country of incorporation/registration, or country of nationality of each individual and/or entity indicated according to instruction (i) above, that is designated as a “Foreign Adversary”.

1. ___________

2. ___________ 1.__________

2. __________

1. _____________

2. _____________

1. __________

2. __________

1. ___________

2. ___________ 1.__________

2. _________

1. _____________

2. _____________

1. _________

2. _________

I CERTIFY THAT:

· The information provided in this document is complete and accurate to the best of my knowledge. I agree that I will indemnify and hold harmless LP&L against any loss, liability, claim, damages, or expense (including the reasonable cost of investigating or defending any alleged loss, liability, claim, damages, or expense and reasonable counsel fees incurred in connection therewith) arising by reason of any false statement or material omission made on or with respect to this document.

· I agree to maintain and present upon request documentation necessary to support this certificate and to inform, in writing, all persons to whom this disclosure was given of any changes that would affect accuracy or validity of this disclosure.

· Bidder/Supplier does not engage in any Prohibited Transactions, as that term is defined in the Prohibition Order Securing Critical Defense Facilities,” dated December 17, 2020.

By:

Title:

Company:

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