STATE OF CONNECTICUT STANDARD RFP FOR PSA PROCUREMENTS 7.20.21

STATE OF CONNECTICUT PROCUREMENT NOTICE

Request for Proposals (RFP) For

Power Procurement Consultant

RFP Name: RFP for Power Procurement Consultant for

Standard Service

Issued By:

Public Utilities Regulatory

Authority

September 10, 2026

The Request For Proposal is available in electronic format on the

State Contracting Portal by f iltering by Organization for Public

Utilities Regulatory Authority https://portal.ct.gov/DAS/CTSource/BidBoard or from the Agency’s Off icial Contact:

Name: Jeff Gaudiosi

Address: 10 Franklin Square, New Britain, CT 06095

Phone: 860-827-2679

E-Mail: jeff.gaudiosi@ct.gov

The RFP is also available on the Agency’s website at Public Utilities

Regulatory Authority (ct.gov).

RESPONSES MUST BE RECEIVED NO LATER THAN

October 13, 2026

At 12:00 pm EST

The Public Utilities Regulatory Authority is an Equal Opportunity/Affirmative Action Employer.

The Agency reserves the right to reject any and all submissions or cancel this procurement at any time if deemed in the best interest of the State of Connecticut (State).

TABLE OF CONTENTS

Page

Section I — GENERAL INFORMATION

A. Introduction

B. Instructions

Section II — PURPOSE OF RFP AND SCOPE OF SERVICES

A. Agency Overview

B. Service Overview

C. Scope of Services Description

D. Performance Measures

Section III — PROPOSAL SUBMISSION OVERVIEW

A. Submission Format Information

B. Evaluation of Proposals

Section IV — PROPOSAL SUBMISSION OUTLINE AND REQUIREMENTS . . .

A. Cover Sheet

B. Table of Contents

C. Executive Summary

D. Main Proposal Submission Questions

E. Attachments

F. Declaration of Confidential Information

G. Conflict of Interest – Disclosure Statement

Section V — MANDATORY PROVISIONS

A. Standard Contract Provisions

B. Assurances

C. Terms and Conditions

D. Rights Reserved to the State

E. Statutory and Regulatory Compliance

Section VI — APPENDIX

A. Abbreviations / Acronyms / Definitions

B. Statement of Assurances

I. GENERAL INFORMATION

A. INTRODUCTION

1. RFP Name and Number. RFP For Power Procurement Consultant

For Standard Service. Number DEEP-2027-004-SW

2. RFP Summary. Request for a Proposal for a Consultant to Act as an Extension of Staff regarding Docket No. 06-01-08 DPUC Development and Review of Standard Service and

Supplier of Last Resort Service, and Docket No. 12-06-02 Request for PURA Review of

Power Procurement Plan, and the General Statutes of Connecticut (Conn. Gen. Stat.) 2012

Supplement §16-244c(c) (4) & (5).

3. RFP Purpose. PURA’s Decision in Docket 12-06-02 grants authority to PURA’s Power

Procurement Manager to review and approve contracts for Standard Service supplies that are recommended by UI and CL&P. The Procurement Plan, as amended and approved by

PURA, also introduces certain innovations to the Standard Service procurement approach that are intended to balance the inherent tradeoff between price stability and cost minimization. Under the Procurement Plan, The United Illuminating Company and The

Connecticut Light and Power Company D/B/A Eversource Energy would continue to procure full requirements service contracts for its Standard Service customers, and would supplement those contracts with dynamic purchasing.

Going forward, the procurement of full requirements service contracts and dynamic purchasing will continue or improve on many of the same features that have been integral to the success of the Standard Service procurement process since 2006: solicitation of contracts, key terms of the wholesale power supply agreement, selection or rejection of discretionary tranches based on a comparison to proxy prices, the protocol for management of confidential bid data, and, importantly, the streamlining of regulatory approvals on bid day, thus facilitating prompt notif ication of winning bidders ito reduce the risk premium in suppliers’ pricing. Moreover, with the Procurement Manager’s approval of contracts on the same day as bid day, suppliers will have certainty of contract approval on an expedited basis.

4. Commodity Codes. The services that the Agency wishes to procure through this RFP are as follows:

• 80000000: Management and Business Professionals and Administrative Services

• 83000000: Public Utilities and Public Sector Related Services

B. INSTRUCTIONS

1. Official Contact. The Agency has designated the individual below as the Off icial

Contact for purposes of this RFP. The Off icial Contact is the only authorized contact for this procurement and, as such, handles all related communications on behalf of the Agency. Proposers, prospective proposers, and other interested parties are advised that any communication with any other Agency employee(s) (including appointed off icials) or personnel under contract to the Agency about this RFP is strictly prohibited. Proposers or prospective proposers who violate this instruction may risk disqualif ication from further consideration.

Name: Jeff Gaudiosi

Address: 10 Franklin Square, New Britain, CT 06095

Phone: 860-827-2679

E-Mail: jeff.gaudiosi@ct.gov

Please ensure that e-mail screening software (if used) recognizes and accepts e-mails from the Off icial Contact.

2. Registering with State Contracting Portal. Respondents must register with the State of CT contracting portal at https://portal.ct.gov/DAS/CTSource/Registration if not already registered. Respondents shall submit the following information pertaining to this application to this portal (on their supplier prof ile), which will be checked by the Agency contact.

• Secretary of State recognition – Click on appropriate response

• Non-profit status, if applicable

• Notif ication to Bidders, Parts I-V

• Campaign Contribution Certif ication (OPM Ethics Form 1):

https://portal.ct.gov/OPM/Fin-PSA/Forms/Ethics-Forms

3. RFP Information. The RFP, amendments to the RFP, and other information associated with this procurement are available in electronic format from the Off icial Contact or from the

Internet at the following locations:

• Agency’s RFP Web Page

Public Utilities Regulatory Authority (ct.gov)

• State Contracting Portal (go to CTsource bid board, f ilter by Public Utilities

Regulatory Authority https://portal.ct.gov/DAS/CTSource/BidBoard

It is strongly recommended that any proposer or prospective proposer interested in this procurement check the Bid Board for any solicitation changes. Interested proposers may receive additional e-mails from CTsource announcing addendums that are posted on the portal. This service is provided as a courtesy to assist in monitoring activities associated with State procurements, including this RFP.

4. Procurement Schedule. See below. Dates after the due date for proposals (“Proposals

Due”) are non-binding target dates only (*). The Agency may amend the schedule as needed. Any change to non-target dates will be made by means of an amendment to this

RFP and will be posted on the State Contracting Portal and, if available, the Agency’s RFP

Web Page.

• RFP Released: September 10, 2026

• RFP Conference: Not Applicable

• Letter of Intent Due: Not Applicable

• Deadline for Questions: September 24, 2026

• Answers Released: October 5, 2026

• Proposals Due: October 13, 2026

• (*) Proposer Selection: October 26, 2026

• (*) Start of Contract: January 1, 2023

5. Contract Awards. The award of any contract pursuant to this RFP is dependent upon the availability of funding to the Agency. The Agency anticipates the following:

• Total Funding Available: $1,000000

• Number of Awards: 1

• Contract Term: 2 years

• Funding Source: PUC39000

6. Letter of Intent. A Letter of Intent (LOI) is not required by this RFP

7. Inquiry Procedures. All questions regarding this RFP or the Agency’s procurement process must be directed, in writing, electronically, (e-mail) to the Off icial Contact before the deadline specif ied in the Procurement Schedule. The early submission of questions is encouraged. Questions will not be accepted or answered verbally – neither in person nor over the telephone. All questions received before the deadline(s) will be answered.

However, the Agency will not answer questions when the source is unknown (i.e., nuisance or anonymous questions). Questions deemed unrelated to the RFP or the procurement process will not be answered. At its discretion, the Agency may or may not respond to questions received after the deadline. If this RFP requires a Letter of Intent, the Agency reserves the right to answer questions only from those who have submitted such a letter.

The Agency may combine similar questions and give only one answer. All questions and answers will be compiled into a written amendment to this RFP. If any answer to any question constitutes a material change to the RFP, the question and answer will be placed at the beginning of the amendment and duly noted as such.

The agency will release the answers to questions on the date(s) established in the

Procurement Schedule. The Agency will publish any and all amendments to this RFP on the

State Contracting Portal and, if available, on the Agency’s RFP Web Page

8. RFP Conference. An RFP virtual conference will not be held to answer questions from prospective proposers. All questions submitted will be answered in a written amendment to this RFP, which will serve as the Agency’s off icial response to questions asked at the conference. If any answer to any question constitutes a material change to the RFP, the question and answer will be placed at the beginning of the amendment and duly noted as such. The agency will release the amendment on the date established in the Procurement

Schedule. The Agency will publish any and all amendments to this RFP on the State

Contracting Portal and, if available, on the Agency’s RFP Web Page.

9. Proposal Due Date and Time. The Off icial Contact is the only authorized recipient of proposals submitted in response to this RFP. Proposals must be received by the Off icial

Contact on or before the due date and time:

Proposals received after the due date and time will be ineligible and will not be evaluated. The Agency will send an off icial letter alerting late respondents of ineligibility.

An acceptable submission must include the following:

• One (1) conforming electronic copy of the original proposal.

The proposal must be complete, properly formatted and outlined, and ready for evaluation by the Screening Committee.

The electronic copy of the proposal must be emailed to off icial agency contact for this procurement. The subject line of the email must read: RFP For Power Procurement

Consultant For Standard Service. Required forms and appendices may be scanned and submitted as PDFs at the end of the main proposal document. Please ensure the entire email submission is less than 20MB as this ref lects The Agency’s server limitations.

Respondents should work to ensure there are not additional IT limitations from the provider side.

The original proposal must carry original signatures and be clearly marked on the cover as

“Original.” Unsigned proposals will not be evaluated. The original proposal must be complete, properly formatted and outlined, and ready for evaluation by the Screening

Committee.

10. Multiple Proposals. The submission of multiple proposals is not an option for this procurement.

II. PURPOSE OF RFP AND SCOPE OF SERVICES

This engagement is authorized under Conn. Gen. Stat. §16-18a. The Authority seeks a consultant to provide expertise, support, and evaluation, as needed, to the PURA staff in considering the Standard Service Procurement process. The performance of tasks under this engagement will at all times be subject to review, oversight, and supervision by PURA or its staff. The selected consultant will assist the Authority in reviewing the procurement process by examining issues such as the following:

Task 1 – Full Requirements Service Procurement Support

For each power procurement round when UI or CL&P procures one or more tranches of full requirements service or dynamic purchasing, the Contractor will:

• Compute and provide proxy prices for each tranche sought.

• Provide the Procurement Manager with relevant market information affecting wholesale power prices in Connecticut. Assist the Procurement Manager in evaluating bids on bid day by having at least one representative available by video.

• Prepare written documentation containing a summary of the bids received, comparison to proxy prices, and basis for contract award.

Task 2 – Support PURA as an extension of staff on matters related to Docket Nos. 06-01-08, 12-06-02, XX-01-01, and XX-01-02.

More specif ically, in assisting staff with Docket Nos. 06-01-08, 12-06-02, XX-01-01, and

XX-01-02, the Consultant will be responsible for:

1. the analysis of an Electric Distribution Company’s (“EDC”) bidder workbooks;

2. working with EDC’s on any issues relating to proxy prices;

3. attending any meetings discussing the procurement process.

Proposals should be 10 pages or less in length and provide a cost ceiling for consultant services which details how the ceiling is calculated, number of hours needed to perform the work, and the f irm’s approach to meeting the Authority’s requirements for this engagement.

The Authority is seeking competitive bids on this assignment. Pursuant to Conn. Gen. Stat.

§16-18a, the Authority shall limit the reasonable and proper expenses for consultant services to not more than $1,000,000 for this proceeding. The names of the persons, and an organization chart of the personnel, who will perform the major portion of the engagement’s duties should be specif ied in the proposal.

A. AGENCY OVERVIEW

The Public Utilities Regulatory Authority (PURA) is statutorily-charged with ensuring that

Connecticut's investor-owned utilities, including the state’s electric, natural gas, water, and telecommunications companies, provide safe, clean, reliable, and affordable utility service and infrastructure. PURA’s mission is essential to advancing the state’s energy, economic, and environmental goals and is critical to maintaining public health and safety as well as a robust economy.

B. SCOPE OF SERVICE DESCRIPTION

1. Organizational Expectations

A Consulting f irm with experience in power procurement.

2. Service Expectations:

• Proxy prices provided the morning of bid day

• At least one person available for the duration of bid day

• A Bid Evaluation memo available within 2 days of bid

• Prepare f iling documents day of procurement

• Market monitoring throughout the year

• Work with utilities on bidder workbooks and proxy models

3. Budget Expectation

Itemized invoices provided monthly detailing work, hours, staff, and hourly rate

C. PERFORMANCE MEASURES

The following performance metrics highlight key priorities that will be analyzed with providers/vendors collaboratively during the life of the contract. This is not an exhaustive list, but rather an indication of signif icant performance metrics of interest to The Agency.

The Agency looks forward to working with providers/vendors to define additional important performance metrics.

• Accurate proxy price models

• Detailed Bid Evaluation memos

D. CONTRACT MANAGEMENT/DATA REPORTING

As part of the State’s commitment to becoming more outcomes-oriented, PURA seeks to actively and regularly collaborate with providers/vendors to enhance contract management, improve results, and adjust service delivery and policy based on learning what works.

Reliable and relevant data is necessary to ensure compliance, inform trends to be monitored, evaluate results and performance, and drive service improvements. As such, PURA reserves the right to request/collect other key data and metrics from providers/vendors.

III. PROPOSAL SUBMISSION OVERVIEW

A. SUBMISSION FORMAT INFORMATION

1. Required Outline. All proposals must follow the required outline presented in

Section IV – Proposal Outline. Proposals that fail to follow the required outline will be deemed non-responsive and not evaluated.

2. Cover Sheet. The Cover Sheet is Page 1 of the proposal. Proposers must complete and use the Cover Sheet form provided by the Agency in the Appendix.

3. Table of Contents. All proposals must include a Table of Contents that conforms with the required proposal outline.

4. Executive Summary. Proposals must include a high-level summary, not exceeding

2 pages, of the main proposal and cost proposal. The summary must also include the organization’s eligibility and qualif ications to respond to this RFP

5. Attachments. Attachments other than the required Appendices or Forms identif ied in the RFP are not permitted and will not be evaluated. Further, the required

Appendices or Forms must not be altered or used to extend, enhance, or replace any component required by this RFP. Failure to abide by these instructions will result in disqualif ication.

6. Pagination. The proposer’s name must be displayed in the header of each page.

All pages, including the required Appendices and Forms, must be numbered in the footer.

7. Declaration of Confidential Information. Proposers are advised that all materials associated with this procurement are subject to the terms of the Freedom of

Information Act (FOIA), the Privacy Act, and all rules, regulations and interpretations resulting from them. If a proposer deems that certain information required by this

RFP is confidential, the proposer must label such information as CONFIDENTIAL prior to submission. In subsection C of the proposal submission, the proposer must reference where the information labeled CONFIDENTIAL is located in the proposal.

EXAMPLE: Section G.1.a. For each subsection so referenced, the proposer must provide a convincing explanation and rationale suff icient to justify an exemption of the information from release under the FOIA. The explanation and rationale must be stated in terms of (a) the prospective harm to the competitive position of the proposer that would result if the identif ied information were to be released and (b) the reasons why the information is legally exempt from release pursuant to C.G.S. §

1-210(b).

8. Conflict of Interest - Disclosure Statement. Proposers must include a disclosure statement concerning any current business relationships (within the last three (3) years) that pose a conflict of interest, as defined by C.G.S. § 1-85. A conflict of interest exists when a relationship exists between the proposer and a public off icial (including an elected off icial) or State employee that may interfere with fair competition or may be adverse to the interests of the State. The existence of a conflict of interest is not, in and of itself, evidence of wrongdoing. A conflict of interest may, however, become a legal matter if a proposer tries to inf luence, or succeeds in inf luencing, the outcome of an off icial decision for their personal or corporate benefit. The Agency will determine whether any disclosed conflict of interest poses a substantial advantage to the proposer over the competition, decreases the overall competitiveness of this procurement, or is not in the best interests of the State. In the absence of any conflict of interest, a proposer must aff irm such in the disclosure statement. Example: “[name of proposer] has no current business relationship (within the last three (3) years) that poses a conflict of interest, as defined by C.G.S. § 1-85.”

B. EVALUATION OF PROPOSALS

1. Evaluation Process. It is the intent of the Agency to conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. When evaluating proposals, negotiating with successful proposers, and awarding contracts, the Agency will conform with its written procedures for POS and PSA procurements

(pursuant to C.G.S. § 4-217) and the State’s Code of Ethics (pursuant to C.G.S. §§

1-84 and 1-85). Final funding allocation decisions will be determined during contract negotiation.

2. Evaluation Review Committee. The Agency will designate a Review Committee to evaluate proposals submitted in response to this RFP. The Review Committee will be composed of individuals, Agency staff or other designees as deemed appropriate.

The contents of all submitted proposals, including any confidential information, will be shared with the Review Committee. Only proposals found to be responsive (that is, complying with all instructions and requirements described herein) will be reviewed, rated, and scored. Proposals that fail to comply with all instructions will be rejected without further consideration. The Review Committee shall evaluate all proposals that meet the Minimum Submission Requirements by score and rank ordered and make recommendations for awards. The Power Procurement Manager will make the f inal selection. Attempts by any proposer (or representative of any proposer) to contact or inf luence any member of the Review Committee may result in disqualif ication of the proposer.

3. Minimum Submission Requirements. To be eligible for evaluation, proposals must (1) be received on or before the due date and time; (2) meet the Proposal

Format requirements; (3) meet the Eligibility and Qualif ication requirements to respond to the procurement, (4) follow the required Proposal Outline; and (5) be complete. Proposals that fail to follow instructions or satisfy these minimum submission requirements will not be reviewed further The Agency will reject any proposal that deviates signif icantly from the requirements of this RFP.

4. Evaluation Criteria (and Weights). Proposals meeting the Minimum Submission

Requirements will be evaluated according to the established criteria. The criteria are the objective standards that the Review Committee will use to evaluate the technical merits of the proposals. Only the criteria listed below will be used to evaluate proposals.

• Procurement Experience

• Cost Ceiling

• Work Plan

Note:

As part of its evaluation of the Staff ing Plan, the Review Committee will review the proposer’s demonstrated commitment to aff irmative action, as required by the

Regulations of CT State Agencies § 46A-68j-30(10).

5. Proposer Selection. Upon completing its evaluation of proposals, the Review

Committee will submit the rankings of all proposals to the Commissioner or Agency

Head. The f inal selection of a successful proposer is at the discretion of the

Commissioner or Agency Head. Any proposer selected will be so notif ied and awarded an opportunity to negotiate a contract with the Agency. Such negotiations may, but will not automatically, result in a contract. Any resulting contract will be posted on the State Contracting Portal. All unsuccessful proposers will be notif ied by e-mail or U.S. mail, at the Agency’s discretion, about the outcome of the evaluation and proposer selection process. The Agency reserves the right to decline to award contracts for activities in which the Commissioner or Agency Head considers there are not adequate respondents.

6. Debriefing. Within ten (10) days of receiving notif ication from the Agency, unsuccessful proposers may contact the Off icial Contact and request information about the evaluation and proposer selection process. The e-mail sent date or the postmark date on the notif ication envelope will be considered “day one” of the ten

(10) days. If unsuccessful proposers still have questions after receiving this information, they may contact the Off icial Contact and request a meeting with the

Agency to discuss the evaluation process and their proposals. If held, the debrief ing meeting will not include any comparisons of unsuccessful proposals with other proposals. The Agency may schedule and hold the debrief ing meeting within f ifteen

(15) days of the request. The Agency will not change, alter, or modify the outcome of the evaluation or selection process as a result of any debrief ing meeting.

7. Appeal Process. Proposers may appeal any aspect the Agency’s competitive procurement, including the evaluation and proposer selection process. Any such appeal must be submitted to the Agency head. A proposer may f ile an appeal at any time after the proposal due date, but not later than thirty (30) days after an agency notif ies unsuccessful proposers about the outcome of the evaluation and proposer selection process. The e-mail sent date or the postmark date on the notif ication envelope will be considered “day one” of the thirty (30) days. The f iling of an appeal shall not be deemed suff icient reason for the Agency to delay, suspend, cancel, or terminate the procurement process or execution of a contract. More detailed information about f iling an appeal may be obtained from the Off icial Contact.

8. Contract Execution. Any contract developed and executed as a result of this RFP is subject to the Agency’s contracting procedures, which may include approval by the

Office of the Attorney General. Fully executed and approved contracts will be posted on State Contracting Portal and the Agency website.

IV. REQUIRED PROPOSAL SUBMISSION OUTLINE AND REQUIREMENTS

A: Cover Sheet

The Respondent must use a Cover Sheet capturing the following information:

• RFP Name or Number:

• Legal Name:

• FEIN (not required for currently contracted providers/vendors:

• Street Address:

• Town/City/State/Zip:

• Contact Person:

• Title:

• Phone Number:

• E-Mail Address:

• Authorized Off icial:

• Title:

• Signature:

Legal Name is def ined as the name of the provider, vendor, CT State agency, or municipality submitting the proposal. Contact Person is def ined as the individual who can provide additional information about the proposal or who has immediate responsibility for the proposal. Authorized Official is def ined as the individual empowered to submit a binding offer on behalf of the proposer to provide services in accordance with the terms and provisions described in this RFP and any amendments or attachments hereto.

B: Table of Contents

Respondents must include a Table of Contents that lists sections and subsections with page numbers that follow the organization outline and sequence for this proposal.

C: Proposer Executive Summary

The page limitation for this section is 2 pages brief ly describing how the Respondent meets the eligibility and qualif ication criteria outlined in the Proposal Overview and a brief overview of why the Respondent should be selected for the activities highlighted in the scope of services.

D: Main Proposal Submission Requirements To Submit a Responsive Proposal:

***Please note the maximum total page length for this section is 10 (appendices and other attachments should be referred to in section D and then placed in section E.

4.1 Strengths and Qualif ications of Agency & Staff

4.10 Organization Description and History: Provide a general overview of your organization including its history and prior experiences engaging with relevant key stakeholders

a. Purpose, Mission, Vision, Values

b. Entity Type / Parent Organization / Years of Operation

c. Location of Offices / Facilities

d. Functional Organization

e. Current Range of Services / Clients

f. Qualifications

g. Relevant Experience

h. Accreditation / Certification / Licensure

i. Governance System

j. References

4.2 Staff ing Plan

a. Key Personnel / Managers

b. Staffing Levels & Qualifications

c. Job Descriptions

d. Personnel Organization Chart

e. Recruitment, Hiring & Retention Plan

f. Staff Training / Education / Development

4.3 Work Plan

a. Start Date

b. Timetable / Schedule

c. Tasks, Deliverables

d. Methodologies

e. Measurable Objectives

4.7 Financial Prof ile

a. Annual Budget and Revenues

b. Financial Standing

c. Financial Management Systems

d. Revenue Generation / Billing / Third Party Reimbursement . . .

e. History of Violations (financial or programming)

E: Declaration of Confidential Information

If a proposer deems that certain information required by this RFP is confidential, the proposer must label such information as CONFIDENTIAL prior to submission. The proposer must reference where the information labeled CONFIDENTIAL is located in the proposal.

EXAMPLE: Section G.1.a. For each subsection so referenced, the proposer must provide a convincing explanation and rationale suff icient to justify an exemption of the information from release under the FOIA. The explanation and rationale must be stated in terms of (a) the prospective harm to the competitive position of the proposer that would result if the identif ied information were to be released and (b) the reasons why the information is legally exempt from release pursuant to C.G.S. § 1-210(b).

F: Conflict of Interest – Disclosure Statement

Proposers must include a disclosure statement concerning any current business relationships (within the last three (3) years) that pose a conflict of interest, as defined by

C.G.S. § 1-85. A conflict of interest exists when a relationship exists between the proposer and a public off icial (including an elected off icial) or State employee that may interfere with fair competition or may be adverse to the interests of the State. The existence of a conflict of interest is not, in and of itself, evidence of wrongdoing. A conflict of interest may, however, become a legal matter if a proposer tries to inf luence, or succeeds in inf luencing, the outcome of an off icial decision for their personal or corporate benefit. In the absence of any conflict of interest, a proposer must aff irm such in the disclosure statement. Example:

“[name of proposer] has no current business relationship (within the last three (3) years) that poses a conflict of interest, as defined by C.G.S. § 1-85.”

G: Statement of Assurances

By submitting a proposal in response to this RFP, a proposer implicitly gives the following assurances: 1. Collusion. The proposer represents and warrants that the proposer did not participate in any part of the RFP development process and had no knowledge of the specif ic contents of the RFP prior to its issuance. The proposer further represents and warrants that no agent, representative, or employee of the State participated directly in the preparation of the proposer’s proposal. The proposer also represents and warrants that the submitted proposal is in all respects fair and is made without collusion or fraud. 2. State Off icials and

Employees. The proposer certif ies that no elected or appointed off icial or employee of the

State has or will benefit f inancially or materially from any contract resulting from this RFP.

The Agency may terminate a resulting contract if it is determined that gratuities of any kind were either offered or received by any of the aforementioned off icials or employees from the proposer, contractor, or its agents or employees. 3. Competitors. The proposer assures that the submitted proposal is not made in connection with any competing organization or competitor submitting a separate proposal in response to this RFP. No attempt has been made, or will be made, by the proposer to induce any other organization or competitor to submit, or not submit, a proposal for the purpose of restricting competition. The proposer further assures that the proposed costs have been arrived at independently, without consultation, communication, or agreement with any other organization or competitor for the purpose of restricting competition. Nor has the proposer knowingly disclosed the proposed costs on a prior basis, either directly or indirectly, to any other organization or competitor. 4. Validity of Proposal. The proposer certif ies that the proposal represents a valid and binding offer to provide services in accordance with the terms and provisions described in this RFP and any amendments or attachments hereto. The proposal shall remain valid for a period of 180 days after the submission due date and may be extended beyond that time by mutual agreement. At its sole discretion, the Agency may include the proposal, by reference or otherwise, into any contract with the successful proposer .

V. MANDATORY PROVISIONS

A. STANDARD CONTRACT PROVISIONS

Agencies may include any standard PSA contract provisions that are valuable to communicate in advance to the provider/vendor community. This may include a sample agency PSA, an agency specific PSA contract template, or a reference to the Comptroller’s

Office PSA Terms and Conditions, which includes generic state contract requirements.

B. ASSURANCES

By submitting a proposal in response to this RFP, a proposer implicitly gives the following assurances:

1. Collusion. The proposer represents and warrants that the proposer did not participate in any part of the RFP development process and had no knowledge of the specif ic contents of the RFP prior to its issuance. The proposer further represents and warrants that no agent, representative, or employee of the State participated directly in the preparation of the proposer’s proposal. The proposer also represents and warrants that the submitted proposal is in all respects fair and is made without collusion or fraud.

2. State Officials and Employees. The proposer certif ies that no elected or appointed off icial or employee of the State has or will benefit f inancially or materially from any contract resulting from this RFP. The Agency may terminate a resulting contract if it is determined that gratuities of any kind were either offered or received by any of the aforementioned off icials or employees from the proposer, contractor, or its agents or employees.

3. Competitors. The proposer assures that the submitted proposal is not made in connection with any competing organization or competitor submitting a separate proposal in response to this RFP. No attempt has been made, or will be made, by the proposer to induce any other organization or competitor to submit, or not submit, a proposal for the purpose of restricting competition. The proposer further assures that the proposed costs have been arrived at independently, without consultation, communication, or agreement with any other organization or competitor for the purpose of restricting competition. Nor has the proposer knowingly disclosed the proposed costs on a prior basis, either directly or indirectly, to any other organization or competitor.

4. Validity of Proposal. The proposer certif ies that the proposal represents a valid and binding offer to provide services in accordance with the terms and provisions described in this RFP and any amendments or attachments hereto. The proposal shall remain valid for a period of 180 days after the submission due date and may be extended beyond that time by mutual agreement. At its sole discretion, the Agency may include the proposal, by reference or otherwise, into any contract with the successful proposer.

5. Press Releases. The proposer agrees to obtain prior written consent and approval of the Agency for press releases that relate in any manner to this RFP or any resultant contract.

C. TERMS AND CONDITIONS

By submitting a proposal in response to this RFP, a proposer implicitly agrees to comply with the following terms and conditions:

1. Equal Opportunity and Affirmative Action. The State is an Equal Opportunity and Aff irmative Action employer and does not discriminate in its hiring, employment, or business practices. The State is committed to complying with the Americans with

Disabilities Act of 1990 (ADA) and does not discriminate on the basis of disability in admission to, access to, or operation of its programs, services, or activities.

2. Preparation Expenses. Neither the State nor the Agency shall assume any liability for expenses incurred by a proposer in preparing, submitting, or clarifying any proposal submitted in response to this RFP.

3. Exclusion of Taxes. The Agency is exempt from the payment of excise and sales taxes imposed by the federal government and the State. Proposers are liable for any other applicable taxes.

4. Proposed Costs. No cost submissions that are contingent upon a State action will be accepted. All proposed costs must be f ixed through the entire term of the contract.

5. Changes to Proposal. No additions or changes to the original proposal will be allowed after submission. While changes are not permitted, the Agency may request and authorize proposers to submit written clarif ication of their proposals, in a manner or format prescribed by the Agency, and at the proposer’s expense.

6. Supplemental Information. Supplemental information will not be considered after the deadline submission of proposals, unless specif ically requested by the Agency.

The Agency may ask a proposer to give demonstrations, interviews, oral presentations or further explanations to clarify information contained in a proposal.

Any such demonstration, interview, or oral presentation will be at a time selected and in a place provided by the Agency. At its sole discretion, the Agency may limit the number of proposers invited to make such a demonstration, interview, or oral presentation and may limit the number of attendees per proposer.

7. Presentation of Supporting Evidence. If requested by the Agency, a proposer must be prepared to present evidence of experience, ability, data reporting capabilities, f inancial standing, or other information necessary to satisfactorily meet the requirements set forth or implied in this RFP. The Agency may make onsite visits to an operational facility or facilities of a proposer to evaluate further the proposer’s capability to perform the duties required by this RFP. At its discretion, the Agency may also check or contact any reference provided by the proposer.

8. RFP Is Not An Offer. Neither this RFP nor any subsequent discussions shall give rise to any commitment on the part of the State or the Agency or confer any rights on any proposer unless and until a contract is fully executed by the necessary parties. The contract document will represent the entire agreement between the proposer and the Agency and will supersede all prior negotiations, representations or agreements, alleged or made, between the parties. The State shall assume no liability for costs incurred by the proposer or for payment of services under the terms of the contract until the successful proposer is notif ied that the contract has been accepted and approved by the Agency and, if required, by the Attorney General’s

Office.

D. RIGHTS RESERVED TO THE STATE

By submitting a proposal in response to this RFP, a proposer implicitly accepts that the following rights are reserved to the State:

1. Timing Sequence. The timing and sequence of events associated with this RFP shall ultimately be determined by the Agency.

2. Amending or Canceling RFP. The Agency reserves the right to amend or cancel this RFP on any date and at any time, if the Agency deems it to be necessary, appropriate, or otherwise in the best interests of the State.

3. No Acceptable Proposals. In the event that no acceptable proposals are submitted in response to this RFP, the Agency may reopen the procurement process, if it is determined to be in the best interests of the State.

4. Award and Rejection of Proposals. The Agency reserves the right to award in part, to reject any and all proposals in whole or in part, for misrepresentation or if the proposal limits or modif ies any of the terms, conditions, or specif ications of this

RFP. The Agency may waive minor technical defects, irregularities, or omissions, if in its judgment the best interests of the State will be served. The Agency reserves the right to reject the proposal of any proposer who submits a proposal after the submission date and time.

5. Sole Property of the State. All proposals submitted in response to this RFP are to be the sole property of the State. Any product, whether acceptable or unacceptable, developed under a contract awarded as a result of this RFP shall be the sole property of the State, unless stated otherwise in this RFP or subsequent contract. The right to publish, distribute, or disseminate any and all information or reports, or part thereof, shall accrue to the State without recourse.

6. Contract Negotiation. The Agency reserves the right to negotiate or contract for all or any portion of the services contained in this RFP. The Agency further reserves the right to contract with one or more proposer for such services. After reviewing the scored criteria, the Agency may seek Best and Final Offers (BFO) on cost from proposers. The Agency may set parameters on any BFOs received.

7. Clerical Errors in Award. The Agency reserves the right to correct inaccurate awards resulting from its clerical errors. This may include, in extreme circumstances, revoking the awarding of a contract already made to a proposer and subsequently awarding the contract to another proposer. Such action on the part of the State shall not constitute a breach of contract on the part of the State since the contract with the initial proposer is deemed to be void ab initio and of no effect as if no contract ever existed between the State and the proposer.

8. Key Personnel. When the Agency is the sole funder of a purchased service, the

Agency reserves the right to approve any additions, deletions, or changes in key personnel, with the exception of key personnel who have terminated employment.

The Agency also reserves the right to approve replacements for key personnel who have terminated employment. The Agency further reserves the right to require the removal and replacement of any of the proposer’s key personnel who do not perform adequately, regardless of whether they were previously approved by the Agency.

E. STATUTORY AND REGULATORY COMPLIANCE

By submitting a proposal in response to this RFP, the proposer implicitly agrees to comply with all applicable State and federal laws and regulations, including, but not limited to, the following:

1. Freedom of Information, C.G.S. § 1-210(b). The Freedom of Information Act

(FOIA) generally requires the disclosure of documents in the possession of the State upon request of any citizen, unless the content of the document falls within certain categories of exemption, as defined by C.G.S. § 1-210(b). Proposers are generally advised not to include in their proposals any confidential information. If the proposer indicates that certain documentation, as required by this RFP, is submitted in confidence, the State will endeavor to keep said information confidential to the extent permitted by law. The State has no obligation to initiate, prosecute, or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information pursuant to a FOIA request. The proposer has the burden of establishing the availability of any FOIA exemption in any proceeding where it is an issue. While a proposer may claim an exemption to the State’s FOIA, the f inal administrative authority to release or exempt any or all material so identif ied rests with the State. In no event shall the State or any of its employees have any liability for disclosure of documents or information in the possession of the

State and which the State or its employees believe(s) to be required pursuant to the

FOIA or other requirements of law.

2. Contract Compliance, C.G.S. § 4a-60 and Regulations of CT State Agencies §

46a-68j-21 thru 43, inclusive. CT statute and regulations impose certain obligations on State agencies (as well as contractors and subcontractors doing business with the State) to ensure that State agencies do not enter into contracts with organizations or businesses that discriminate against protected class persons.

3. Consulting Agreements Representation, C.G.S. § 4a-81. Pursuant to C.G.S. §§

4a-81 the successful contracting party shall certify that it has not entered into any consulting agreements in connection with this Contract, except for the agreements listed below. "Consulting agreement" means any written or oral agreement to retain the services, for a fee, of a consultant for the purposes of (A) providing counsel to a contractor, vendor, consultant or other entity seeking to conduct, or conducting, business with the State, (B) contacting, whether in writing or orally, any executive, judicial, or administrative off ice of the State, including any department, institution, bureau, board, commission, authority, off icial or employee for the purpose of solicitation, dispute resolution, introduction, requests for information, or (C) any other similar activity related to such contracts. "Consulting agreement" does not include any agreements entered into with a consultant who is registered under the provisions of chapter 10 of the Connecticut General Statutes as of the date such contract is executed in accordance with the provisions of section 4a-81 of the

Connecticut General Statutes. Such representation shall be sworn as true to the best knowledge and belief of the person signing the resulting contract and shall be subject to the penalties of false statement.

4. Campaign Contribution Restriction, C.G.S. § 9-612. For all State contracts, def ined in section 9-612 of the Connecticut General Statutes as having a value in a calendar year of $50,000 or more, or a combination or series of such agreements or contracts having a value of $100,000 or more, the authorized signatory to the resulting contract must represent that they have received the State Elections

Enforcement Commission’s notice advising state contractors of state campaign contribution and solicitation prohibitions, and will inform its principals of the contents of the notice, as set forth in “Notice to Executive Branch State Contractors and

Prospective State Contractors of Campaign Contribution and Solicitation Limitations .”

Such notice is available at https://seec.ct.gov/Portal/data/forms/ContrForms/seec_form_11_notice_only.pdf

5. Gifts, C.G.S. § 4-252. Pursuant to section 4-252 of the Connecticut General Statutes and Acting Governor Susan Bysiewicz’s Executive Order No. 21-2, the Contractor, for itself and on behalf of all of its principals or key personnel who submitted a bid or proposal, represents:

(1) That no gifts were made by (A) the Contractor, (B) any principals and key personnel of the Contractor, who participate substantially in preparing bids, proposals or negotiating State contracts, or (C) any agent of the Contractor or principals and key personnel, who participates substantially in preparing bids, proposals or negotiating State contracts, to (i) any public off icial or State employee of the State agency or quasi- public agency soliciting bids or proposals for State contracts, who participates substantially in the preparation of bid solicitations or requests for proposals for State contracts or the negotiation or award of State contracts, or (ii) any public off icial or State employee of any other State agency, who has supervisory or appointing authority over such State agency or quasi-public agency;

(2) That no such principals and key personnel of the Contractor, or agent of the

Contractor or of such principals and key personnel, knows of any action by the

Contractor to circumvent such prohibition on gifts by providing for any other principals and key personnel, off icial, employee or agent of the Contractor to provide a gift to any such public off icial or State employee; and

(3) That the Contractor is submitting bids or proposals without fraud or collusion with any person.

Any bidder or proposer that does not agree to the representations required under this section shall be rejected and the State agency or quasi-public agency shall award the contract to the next highest ranked proposer or the next lowest responsible qualif ied bidder or seek new bids or proposals.

6. Iran Energy Investment Certification C.G.S. § 4-252(a). Pursuant to C.G.S. § 4-

252(a), the successful contracting party shall certify the following: (a) that it has not made a direct investment of twenty million dollars or more in the energy sector of Iran on or after October 1, 2013, as described in Section 202 of the

Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010, and has not increased or renewed such investment on or after said date. (b) If the Contractor makes a good faith effort to determine whether it has made an investment described in subsection (a) of this section it shall not be subject to the penalties of false statement pursuant to section 4-252a of the Connecticut General Statutes. A "good faith effort" for purposes of this subsection includes a determination that the

Contractor is not on the list of persons who engage in certain investment activities in

Iran created by the Department of General Services of the State of California pursuant to Division 2, Chapter 2.7 of the California Public Contract Code. Nothing in this subsection shall be construed to impair the ability of the State agency or quasi-public agency to pursue a breach of contract action for any violation of the provisions of the resulting contract.

7. Nondiscrimination Certification, C.G.S. § 4a-60 and 4a-60a. If a bidder is awarded an opportunity to negotiate a contract, the proposer must provide the State agency with written representation in the resulting contract that certif ies the bidder complies with the State's nondiscrimination agreements and warranties. This nondiscrimination certif ication is required for all State contracts – regardless of type, term, cost, or value. Municipalities and CT State agencies are exempt from this requirement. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by either (A) initialing the nondiscrimination aff irmation provision in the body of the resulting contract, or (B) providing an aff irmative response in the required online bid or response to a proposal question, if applicable, which asks if the contractor understands its obligations. If a bidder or vendor refuses to agree to this representation, such bidder or vendor shall be rejected and the State agency or quasi-public agency shall award the contract to the next highest ranked vendor or the next lowest responsible qualif ied bidder or seek new bids or proposals.

8. Access to Data for State Auditors. The Contractor shall provide to OPM access to any data, as defined in C.G.S. § 4e-1, concerning the resulting contract that are in the possession or control of the Contractor upon demand and shall provide the data to OPM in a format prescribed by OPM [or the Client Agency]…