ESBD_436081_1752605321200_RFP for posting .pdf

PUBLIC UTILITY COMMISSION OF TEXAS

REQUEST FOR PROPOSALS FOR CONSULTING SERVICES

RELATING TO

ELECTRIC TRANSMISSION AND DISTRIBUTION STRUCTURAL

INTEGRITY STANDARDS REPORTS

AND PLANS FOR THE MANAGEMENT AND INSPECTION OF

ELECTRIC DISTRIBUTION POLES

Public Utility Commission of Texas

William B. Travis Building

1701 North Congress Avenue

Austin, Texas 78711

Closing Time and Date:

August 6, 2025

10:00 a.m., Central Time

RFP Number: 473-25-00012

Project Number: 58242

NIGP Class Item: 906-68 (Power Generation, Transmission, Distribution, Architectural Services), 918-32 (Consulting Services Not Otherwise

Classified), 918-97 (Utilities: Gas, Water, Electric Consulting), 925-29

(Electric Utility Protection and Control Engineering), 925-31 (Electrical

Engineering, Including Cogeneration Design Services), 925-78 (Power

Generation, Transmission, Distribution Engineering), 925-95 (Utilities, Gas, Steam, Electric Engineering)

PUCT RFP 473-25-00012

Table of Contents

SECTION 1 – INTRODUCTION ____________________________________________________ 3

SECTION 2 – DEFINITIONS ______________________________________________________ 3

SECTION 3 – STATEMENT OF WORK ______________________________________________ 3

SECTION 4 – ELIGIBILITY AND EVALUATION CRITERIA ________________________________ 8

4.A. EEO and HUB Statement ______________________________________________________ 8

4.B. Minimum Eligibility Requirements ______________________________________________ 8

4.C. Evaluation Criteria ___________________________________________________________ 9

4.D. Texas Vendor Preference _____________________________________________________ 10

4.E. References __________________________________________________________________ 10

SECTION 5 – SCHEDULE AND PROCESS ___________________________________________ 10

5.A. Anticipated Schedule _________________________________________________________ 10

5.B. PUCT Point of Contact _______________________________________________________ 11

5.C. Process for Asking Questions __________________________________________________ 11

5.D. Process for Submitting Proposals _______________________________________________ 11

5.E. PUCT’s Standard Process for Selecting Vendors __________________________________ 12

SECTION 6 – REQUIRED COMPONENTS AND FORMAT _______________________________ 13

6.A. Components ________________________________________________________________ 13

6.B. Format Requirements ________________________________________________________ 19

SECTION 7 – CONDITIONS _____________________________________________________ 20

7.A. Irrevocable Offer ____________________________________________________________ 20

7.B. Proposals are the Property of the PUCT _________________________________________ 20

7.C. Public Information Act Notice _________________________________________________ 20

7.D. Publicity ___________________________________________________________________ 20

7.E. No Proposal Costs Reimbursed _________________________________________________ 20

7.F. Contract Terms and Conditions ________________________________________________ 21

7.G. Vendor Performance Tracking System __________________________________________ 21

ATTACHMENT A – Proposed General Terms and Conditions __________________________ 22

SECTION 1 – INTRODUCTION

The Public Utility Commission of Texas (PUCT) is issuing a Request for Proposals (RFP) for a

Contractor to: (i) provide expert consulting services to assist the Commission in the development of standards for the structural integrity of transmission and distribution poles in accordance with newly enacted Texas Utilities Code § 38.006; (ii) review and analyze distribution pole plans and updates and transmission and distribution structural integrity standards reports filed by electric utilities, municipally owned utilities, and electric cooperatives (utilities) in compliance with House

Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.) and adopted rules; and (iii) provide recommendations to the Commission regarding utilities’ compliance with the submitted plans, updates, and reports. This RFP is issued under the authority of Texas Government Code Chapter

2254, Subchapter B, for expert consulting services.

SECTION 2 – DEFINITIONS

As used in this RFP, the following terms have the meanings specified:

(1) Business day means a day other than a: (i) Saturday or Sunday; (ii) national holiday under

Texas Government Code § 662.003(a); or (iii) state holiday under Texas Government Code

§ 662.003(b). Unless described as a ‘business day’, a ‘day’ means a calendar day.

(2) Commission means the governing body of the PUCT.

(3) Contractor means the person, organization, business entity, or other entity that is selected for the contract contemplated by this RFP.

(4) Parties means the PUCT and Contractor. Party means the PUCT or Contractor.

(5) Proposer means a person, organization, business entity, or other entity that submits a proposal in response to this RFP.

(6) PUCT means the Public Utility Commission of Texas, an agency of the state of Texas.

(7) Services means any and all services performed and any and all goods and products delivered by Contractor as specified in Section 3, Statement of Work.

(8) Statement of Work means the description of goods and services to be provided, as specified in Section 3 of this RFP.

(9) Vendor means a person, organization, business entity, or other entity that has been selected for or entered into a contract with a Texas state agency.

(10) Vendor Performance Tracking System” means the system the Texas Comptroller of

Public Accounts is required to provide under Section 2262.055, Texas Government Code, for evaluating vendor performance. The Vendor Performance Tracking System is located at: http://txsmartbuy.com/vpts.

(11) Week means seven consecutive calendar days.

SECTION 3 – STATEMENT OF WORK

Introduction. The PUCT is issuing an RFP for a Contractor to: (i) provide expert consulting services to assist the Commission in the development of standards for the structural integrity of transmission and distribution poles in accordance with newly enacted Texas Utilities Code § http://txsmartbuy.com/vpts

38.006; (ii) review and analyze distribution pole plans and updates and transmission and distribution structural integrity standards reports filed by utilities in compliance with House Bill

144 (89th R.S.) and Senate Bill 1789 (89th R.S.) and adopted rules; and (iii) provide recommendations to the Commission regarding utilities’ compliance with the submitted plans, updates, and reports.

Background. During hearings in April 2024, the Texas House of Representative’s Investigative

Committee on the Panhandle Wildfires discovered that the state lacked sufficient regulation regarding the inspection, maintenance, and replacement of utility poles. The Smokehouse Creek

Fire, which started in February 2024 as a result of a downed power line, was caused by a decayed pole that collapsed. The fire would become the largest wildfire in Texas history, burning over one million acres of land. The Texas Legislature also determined that Texas lacked basic standards for pole inspections, repairs, reinforcements, and replacements.

House Bill 144 and Senate Bill 1789 were enacted during the 89th Legislative Session to address these issues. House Bill 144 requires each utility to submit to the PUCT no later than January 1, 2027, a comprehensive plan for managing and inspecting its distribution poles. Additionally, each utility must submit an annual update of its plan to the PUCT no later than May 1st of each year.

The PUCT must review each plan and update to determine if the utility is in compliance with the submitted plan and update.

Senate Bill 1789 requires the PUCT to establish and adopt standards for the structural integrity of transmission and distribution poles. Additionally, no later than May 1st of each year, each utility must submit to the PUCT a report regarding its implementation of its transmission and distribution pole maintenance schedule and the results of the inspection of its transmission and distribution poles.

Before submitting a proposal, all Proposers should carefully review and become familiar with the requirements of House Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.), newly enacted Utilities Code §§ 38.103 and 38.006, and the Texas House of Representative’s

Investigative Committee Report on the Panhandle Wildfires. Proposers will be required to comply with all requirements of House Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.)

that relate to utilities’ distribution pole plans and updates and transmission and distribution structural integrity reports and any Commission Orders and PUCT Staff directives related to the enactment and implementation of House Bill 144 (89th R.S.) and Senate Bill 1789 (89th

R.S.).

Requirements. The Contractor will be responsible for providing expert consulting services related to agency rulemaking and reviewing, analyzing, and making recommendations regarding distribution pole plans and updates and transmission and distribution structural integrity standards reports filed by utilities that operate transmission and distribution assets. To this end, at a minimum, the Contractor will be required to meet the following requirements.

Note: No later than one (1) week after contract execution, the Contractor will meet with PUCT

Staff to determine an agreed upon specified timeline for the responsibilities enumerated in

Sections I, II, and III of this Statement of Work and any specific related deliverables that may be required by the Commission or PUCT Staff.

I. Rulemaking Responsibilities.

• Provide expert assistance to the Commission and PUCT Staff in all stages of rule development to implement the requirements of House Bill 144 (89th R.S.) and

Senate Bill 1789 (89th R.S.), with a specific focus on newly enacted Utilities Code

§ 38.006, Structural Integrity Standards for Transmission and Distribution Poles, within the timeframes prescribed by the Commission or PUCT Staff.

• Identify applicable standards (e.g., National Electrical Safety Code and guidelines developed by the Rural Utilities Service of the United States Department of

Agriculture) and conduct in-depth research to support the development of the rules;

compile data and statistics; analyze existing literature and sources, including best practices and regulatory regimes or progress nationally and in other states; and provide recommendations to the Commission and PUCT Staff supported by evidence-based data.

• Prepare and/or assist PUCT Staff in preparing regulatory rule text for proposal and adoption, including drafting the rule’s preamble and detailed requirements of the rule as may be required.

• Manage receipt of public comments received during the rulemaking process, including categorizing, summarizing, and preparing draft responses to comments for PUCT Staff review and consideration. The Contractor will be expected to communicate with PUCT Staff as requested and on an as-needed basis, to include phone and teleconference calls and email communications, to discuss public comments received, recommended responses, and any related procedural issues.

• Prepare regulatory impact analyses and assess the potential economic, environmental, and social impacts of the rules as required by Texas statutes.

• Facilitate and attend meetings and workshops with stakeholders and members of the public to ensure interested parties are properly informed and have an opportunity to participate in the rulemaking process.

• Attend and lead discussions and make presentations in meetings and teleconferences with PUCT Staff, utilities, and other entities as necessary to fulfill the requirements of this Statement of Work.

• Facilitate and participate in PUCT rule workshops as requested by the Commission or PUCT Staff, including making presentations related to suggested content for the rule, answering questions, and providing evidence-based data to support recommendations.

• Initiate discussions and meetings with PUCT Staff to identify and resolve issues that may prevent timely and efficient completion of assignments under this

Statement of Work.

• Attend PUCT open meetings as requested by PUCT Staff or the Commission to make reports and presentations and provide status updates and recommendations.

• Attend hearings of, and provide testimony to, the Texas Legislature as requested by

PUCT Staff or the Commission.

• Attend meetings of legislative committees, bodies with regulatory oversight, and advisory committees to make reports and presentations and provide status updates and recommendation as requested by PUCT Staff or the Commission.

• Lead workshops after rule adoption to inform affected utilities of the adopted standards.

II. Structural Integrity Standards for Transmission and Distribution Poles and

Distribution Pole Plan Analysis and Review.

• Manage the receipt of approximately up to 150 utility distribution pole plans under

House Bill 144 (89th R.S.); review each plan for compliance with newly enacted

Utilities Code §38.103; and provide comprehensive evaluation and recommendations regarding each plan’s compliance with newly enacted Utilities

Code §38.103.

• Review annually submitted utility distribution pole plan updates under House Bill

144 (89th R.S.) and provide comprehensive evaluation and recommendations regarding each plan update’s compliance with newly enacted Utilities Code

§38.103.

• Annually prepare a list of non-compliant plans and updates under House Bill 144

(89th R.S.). Prepare a document summarizing the issues in the non-compliant plans.

• Manage the receipt of approximately up to 161 transmission and distribution structural integrity standards reports meeting the criteria under Senate Bill 1789

(89th R.S.); review each report for compliance with newly enacted Utilities Code

§38.006; and provide comprehensive evaluation and recommendations regarding each report’s compliance with newly enacted Utilities Code §38.006.

• Review annually submitted transmission and distribution structural integrity standards reports under Senate Bill 1789 (89th R.S.) and provide comprehensive evaluation and recommendations regarding each report’s compliance with newly enacted Utilities Code §38.006.

• Annually prepare a list of non-compliant reports under Senate Bill 1789 (89th R.S).

Prepare a document summarizing the issues in the non-compliant reports.

• Make recommendations to PUCT Staff regarding the feasibility of combining the submission of distribution pole plans and updates under House Bill 144 (89th R.S.)

and transmission and distribution structural integrity standards reports under Senate

Bill 1789 (89th R.S.) into a single reporting mechanism and provide template solutions to accomplish this goal.

• Establish and maintain standardized evaluation templates that summarize utilities’

(i) distribution pole plans and updates and their compliance with House Bill 144

(89th R.S.) and all other regulatory requirements; and (ii) transmission and distribution structural integrity standards reports and their compliance with Senate

Bill 1789 (89th R.S.) and all other regulatory requirements. The Contractor will work with PUCT Staff to develop required content and an acceptable format for the report(s), including a version of the report(s) that could be made available to the public.

• Update the standardized evaluation template(s) and report(s) as directed by PUCT

Staff.

• Provide regular status updates to PUCT Staff and the Commission regarding review and analysis of the filed distribution pole plans and updates and transmission and distribution structural integrity standards reports.

• Analyze each filed distribution pole plan and update and transmission and distribution structural integrity standards report and provide written recommendations to PUCT Staff and the Commission regarding potential non-compliance issues and proposed solutions to improve the plan, update, or report.

The Contractor’s analysis should include, at a minimum, an analysis of whether the submitted plan, update, or report is aligned with the criteria specified in Utilities

Code §§ 38.103 and 38.006.

• Develop requests for information in response to utility submissions designed to ascertain compliance with Utilities Code §§38.103 and 38.006.

• Develop and document a process for evaluating distribution pole plans and updates and transmission and distribution structural integrity standards reports for compliance with statute and applicable rules, which includes the development of checklists, templates, etc., to assist with the evaluation.

• Provide a written report using a template developed by the Contractor that evaluates each utility’s distribution pole plan and update and transmission and distribution structural integrity standards report and clearly identifies each utility with a non-compliant plan, update, or report.

• Meet all timelines prescribed by House Bill 144 (89th R.S.) and Senate Bill 1789

(89th R.S.) and PUCT rules.

• Provide a written evaluation of each utility’s filed distribution pole plan and update and transmission and distribution structural integrity standards report. The evaluation must include the Contractor’s recommendations regarding approval of the plan, update, or report and identify any non-compliance issue. This evaluation will be used in a contested case proceeding for each utility, as needed.

• Provide evidence to support PUCT Staff in a contested case to review a distribution pole plan or update or a transmission and distribution structural integrity standards report for non-compliance or in a related enforcement matter. The Contractor may be required to: review and assist in the preparation of discovery requests and responses to discovery requests; prepare written testimony and timely file the testimony into the assigned docket; testify at contested case hearings; attend and participate in settlement conferences and mediations; assist in the review and preparation of written briefs and reply briefs; and assist PUCT Staff in general trial preparation and exhibit preparation. Each contested case may require varying tasks and duties, and the Contractor should be prepared to respond to PUCT Staff’s needs in all contested cases related to the review of a plan, update, or report.

• Request additional information from a utility related to its filed distribution pole plan and update or transmission and distribution structural integrity standards report as needed to make an informed evaluation of the plan, update, or report.

• Immediately inform PUCT Staff of any potential issues with a filed distribution pole plan or update or a transmission and distribution structural integrity standards report.

• Prepare and lead workshops as required by PUCT Staff designed to inform utilities on the standards applicable to distribution pole plans and updates and transmission and distribution structural integrity standards reports in Utilities Code §§ 38.103 and 38.006.

• Lead status update meetings with PUCT Staff as frequently as requested by PUCT

Staff.

• Prepare periodic reports for PUCT Staff and the Commission as may be required by PUCT rules, Commission Orders, and other requirements established by the

PUCT Executive Director or as requested by PUCT Staff.

• Attend PUCT open meetings as requested by the Commission or PUCT Staff to provide reports and status updates and make recommendations regarding filed distribution pole plans and updates and transmission and distribution structural integrity standards reports.

• Participate in various meetings and teleconferences with PUCT Staff, utilities, and other entities as necessary to fulfill the requirements of this Statement of Work.

III. Other Requirements as Assigned

The Executive Director may assign additional duties as necessary to ensure timely and efficient implementation of House Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.). The

Contractor will be required to work with PUCT Staff to complete any additional duties that are assigned by the Executive Director or PUCT Staff. The resulting contract will provide for modification of the scope of work to accommodate future needs and requirements of PUCT Staff and the Commission.

Qualifications. Proposers must demonstrate that they (i) have the qualifications needed to effectively carry out the functions prescribed by House Bill 144 (89th R.S.) and Senate Bill 1789

(89th R.S.); (ii) are knowledgeable regarding the development and construction of transmission and distribution poles, including knowledge of their structural integrity; and (iii) are familiar with all Texas rules and statutes relating to the construction of transmission and distribution poles and related wildfire and weather mitigation measures. It is preferred for Proposers to have an engineering background or engineering experience and prior experience in overseeing the construction of transmission and distribution poles. Proposer personnel performing or overseeing the work described in this Statement of Work must have at least ten (10) years of experience in the subject matter areas described in this paragraph.

SECTION 4 – ELIGIBILITY AND EVALUATION CRITERIA

4.A. EEO and HUB Statement

The PUCT is an equal employment opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, sexual orientation, veteran status, age, or disability in employment or in the provision of services. This commitment extends to Proposers, Vendors, and their employees as well.

The PUCT encourages Historically Underutilized Businesses (HUBs) to compete for this award.

4.B. Minimum Eligibility Requirements

4.B.1. To pass the initial screening criteria, Proposers must demonstrate that they:

• have the qualifications needed to effectively carry out the functions prescribed by

House Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.);

• are knowledgeable regarding the development and construction of transmission and distribution poles, including knowledge of their structural integrity; and

• are familiar with all Texas rules and statutes relating to the construction of transmission and distribution poles and related wildfire and weather mitigation measures.

Proposer personnel performing or overseeing the work described in Section 3, Statement of Work, must have at least ten (10) years of experience in the subject matter areas described in this section.

Preference will be given to a Proposer whose personnel performing or overseeing the work described in Section 3, Statement of Work, have an engineering background or engineering experience and prior experience in overseeing the construction of transmission and distribution poles.

Additionally, proposals must:

• meet all deadlines set out in this RFP;

• follow the appropriate process for submitting proposals (see Section 6 of this RFP, Required Components and Format);

• include all required components described in this RFP (see Section 6); and

• meet all format requirements set out in this RFP (see Section 6).

Proposers who do not meet these requirements are not eligible for award and will be disqualified.

4.B.2. Under Texas law, vendors may be barred from participating in state contracts that are subject to Texas Government Code Chapter 2155, Subchapter B (General Purchasing

Requirements, Procedures, and Programs). TEX. GOV’T. CODE § 2155.077. If a Proposer is barred from participating in state contracts, its proposal will be disqualified and will receive no further consideration.

4.B.3. The PUCT is required to purchase goods and services that provide the best value to the state. TEX. GOV’T. CODE § 2155.074. To that end, the PUCT will review information in the statewide Vendor Performance Tracking System regarding Proposer’s past performance. Any of the following conditions may result in a Proposer being disqualified from consideration for this

RFP:

• having a score of less than a “C” in the Vendor Performance Tracking System;

• currently being under a corrective action plan through the Texas Comptroller of Public

Accounts;

• having repeated negative Vendor Performance Reports for the same or similar reason; or

• having purchase orders that have been cancelled in the previous 12 months for non-performance (for example, late delivery or failing to meet quality standards).

4.C. Evaluation Criteria

The PUCT will make the selection and award on the basis of the proposal substance and the

Proposer’s demonstrated knowledge, competence, and qualifications to provide the services described in Section 3, Statement of Work. A description of the categories under which each proposal will be judged, and the percentage of weight given to each category, are as follows:

• Proposal Substance and Methodology – 40%

➢ Proposal demonstrates a clear understanding of the objectives, as described in

Section 3, Statement of Work.

➢ Proposed approach is both thorough and practical.

➢ Proposed approach for meeting objectives is desirable.

➢ Conditions included in the proposal are acceptable.

• Competence and Knowledge – 40%

➢ Competence and relevant experience are demonstrated by the qualifications described in the proposal.

➢ Management structure is well-suited to the objectives described in Section 3, Statement of Work.

➢ Assigned staffing for prime and subcontractors is desirable to meet the objectives described in Section 3, Statement of Work.

➢ The Proposer has the capacity and financial resources to perform the contract and meet deadlines without delay or interference.

➢ The proposal demonstrates the team’s qualifications and relevant experience, drawing on lessons learned and best practices.

• Proposed Compensation – 20%

4.D. Texas Vendor Preference

In compliance with Texas Government Code § 2155.444(e), preference will be given to a Proposer who meets one or more of the following criteria:

• Proposer is incorporated in Texas;

• Proposer’s principal place of business is in Texas; or

• Proposer has an established physical presence in Texas.

Proposers who may qualify for the Texas Vendor Preference should provide information establishing the applicable criteria as part of the proposal package.

4.E. References

The PUCT may check references as part of the evaluation process, and reference checks may be conducted at any time between receipt of a proposal and acceptance or rejection of a proposal.

Information gained through reference checks can be used as grounds for disqualification of a proposal if the information casts doubt upon the ability of the Proposer to successfully meet the objectives of the RFP. However, any information obtained through a reference check that is discriminatory on the basis of race, color, religion, sex, national origin, sexual orientation, veteran status, age, or disability will not be considered.

SECTION 5 – SCHEDULE AND PROCESS

5.A. Anticipated Schedule

Disclaimer: Dates are subject to change at the PUCT’s discretion. Changes to Proposer deadlines will be posted on the Electronic State Business Daily (ESBD) website and the PUCT’s

Procurement webpage, along with any other RFP modifications and addenda. It is the Proposer’s responsibility to periodically check the websites prior to submitting a proposal. A Proposer’s failure to review additional information posted on the ESBD and PUCT websites will not release the Proposer from requirements described in those postings and could result in disqualification of a proposal or additional costs to meet the requirements of the contract should the Proposer be selected for the contract.

PUCT Procurement Webpage: http://www.puc.texas.gov/agency/about/procurement/Default.aspx

ESBD Website: https://www.txsmartbuy.com/esbd

Event Anticipated Date

RFP Release July 16, 2025

Last day to submit written questions regarding the RFP July 18, 2025, 1pm CT

Deadline for submission of proposals August 6, 2025, 10am CT

Post-proposal interviews or presentations, if required August 14 or 15, 2025

Staff recommendation for selection August 18, 2025

Selection approved August 19, 2025

Contract negotiations August 19-22, 2025

Contract period begins Upon Execution

5.B. PUCT Point of Contact

Jay Stone, CTCM, CTCD, or his designated substitute, is the only permitted PUCT point of contact regarding this RFP. Contact or attempted contact with other PUCT employees, including commissioners and their staffs, may result in a Proposer’s immediate disqualification. Proposers will be notified if circumstances require a designated substitute contact for this RFP.

5.C. Process for Asking Questions

The PUCT will only accept written questions and requests for clarification. Requests must be sent by email to RFPCorrespondence@puc.texas.gov, attention: Jay Stone, CTCM, CTCD. Inquiries and comments must reference RFP No.473-25-00012.

The PUCT aims to answer all questions within two business days after receipt. Answers to all questions will be provided through an addendum posted on the ESBD and agency procurement websites. Any day the PUCT is closed for a holiday may delay the response to questions.

5.D. Process for Submitting Proposals

5.D.1. Proposers must submit their proposals by email to RFPCorrespondence@puc.texas.gov before the stated closing date and time. Proposals will not be considered if received in the

RFPCorrespondence@puc.texas.gov email inbox after 10:00 am, central time, on August 6, 2025.

All required information must be provided at that time. The PUCT will only accept the time and date stamp of the email received in the RFPCorrespondence@puc.texas.gov inbox as evidence of timely submission. The PUCT is the sole arbiter of timeliness, and technical problems will not be considered good cause for late submission. Supplements will only be allowed if information is requested by the PUCT after the closing date of the RFP.

Jay Stone, CTCM, CTCD, or his designated substitute will file the sealed proposals confidentially in Project Number 58242 with the PUCT’s Central Records Division.

http://www.puc.texas.gov/agency/about/procurement/Default.aspx https://www.txsmartbuy.com/esbd mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov

5.D.2. Confidential filing is required because this RFP is conducted using a sealed bid process.

Confidential filing does not guarantee confidentiality after the RFP has ended and a contract has been executed. Any portion of the proposal considered to be confidential after the RFP has been cancelled or a contract has been awarded (for example, trade secrets) must be marked with the word “CONFIDENTIAL” in all-caps and bold on each page considered to contain confidential information.

5.D.3. Proposers are advised to seek legal counsel regarding the best way to protect any trade secrets or other proprietary information.

5.D.4. For more information about how the PUCT will respond to Public Information Act (PIA) requests relating to this RFP, please see Section 7.C. of this RFP, Public Information Act Notice.

5.E. PUCT’s Standard Process for Selecting Vendors

5.E.1. The PUCT will assemble an evaluation team that will begin proposal evaluation as soon as practicable after the submission deadline. Evaluation team members will score each proposal individually based on the factors described under Section 4.C. of this RFP, Evaluation Criteria.

Maximum point values will be assigned to each scoring factor according to the percentage of weight given to that factor, and evaluators will assign a point value up to the maximum allowed for each factor. The purchaser will calculate scoring for compensation. The compensation score will be calculated using the following formula: Compensation Score = (Lowest Price / Price of

Response Being Evaluated) x Maximum Number of Available Points for Compensation.

Evaluation team members will not have access to compensation information while they are reviewing and scoring the proposals.

5.E.2. After individual scoring, the evaluation team will email their scoring sheets to the purchaser. The purchaser will review the individual scoring sheets and compile a summary scoring sheet combining all evaluation team scoring and including the compensation scoring to calculate overall scores.

5.E.3. After overall scores are calculated, the evaluation team, with guidance from the purchaser, will then take one of the following actions: recommend selection of a specific Proposer, gather more information before selecting a specific Proposer; or recommend that the RFP be withdrawn or reposted.

5.E.4. If the evaluation team needs more information to make a decision, the PUCT may request any of the following from one or more Proposers: additional information or clarification, an oral presentation, or a best and final offer. Additional information, clarification, oral presentations, or best and final offers will be used to re-score proposals, based upon the same criteria used to score the initial proposals, unless different criteria is specified by the purchaser when the additional information is requested.

5.E.5. The PUCT may require selected Proposers to participate in conference calls, attend meetings in Austin, Texas, give presentations, or participate in all of these activities to provide additional information about their proposals. Any cost associated with any such call, meeting, or presentation will be borne solely by the Proposer.

5.E.6. If clarification, presentations, or best and final offers are requested, the evaluation team may request the clarification, presentations, or best and final offers from the top-ranked Proposer or Proposers only, or all of the Proposers, at the discretion of the evaluation team.

5.E.7. Final recommendations will be presented to the Executive Director of the PUCT. The

Executive Director may do one of the following: approve the recommended selection in whole or in part; disapprove the recommendation; or defer action on the selection.

5.E.8. The PUCT will begin contract negotiations shortly after the Executive Director approves a recommendation to select a specific Proposer. The PUCT may negotiate all portions of any proposal, including, but not limited to: the proposed fee, a final schedule for performance to be incorporated into the contract, and any terms of the contract.

5.E.9. The PUCT will notify each Proposer of the final action taken upon execution of the contract with the selected Proposer.

5.E.10. No questions about the status of the proposals will be answered while proposals are under evaluation.

5.E.11. The PUCT may reject any and all proposals, amend this RFP, or cancel this RFP at any time. After the proposal due date, the PUCT will only notify Proposers who submitted a proposal prior to the proposal submission deadline of amendments to the RFP.

5.E.12. When considering best value and award, the PUCT reserves the right to set a minimum requirement regarding the weighted criteria listed in Section 4.C. Evaluation Criteria. The evaluation committee will evaluate and score each submittal based on the criteria listed in Section

4. Eligibility and Evaluation Criteria. By submitting a proposal in response to this RFP, the

Proposer accepts the evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee.

SECTION 6 – REQUIRED COMPONENTS AND FORMAT

6.A. Components

Proposals must include all required attachments and certifications. The PUCT will not accept attachments or certifications submitted after the proposal deadline. Proposals that do not include all required information will be considered non-responsive and will be disqualified.

Proposals must include the contents described in 6.A.1 through 6.A.10 with each section clearly defined on a table of contents page.

6.A.1. Statement of the Requirements

In this section, each Proposer must succinctly state its understanding of the RFP’s requirements and describe how it would perform the tasks described in Section 3, Statement of Work.

6.A.2. Competence and Knowledge

Each Proposer must provide a detailed work plan to demonstrate how it intends to fulfil the requirements identified in Section 3, Statement of Work. The proposal must include an organizational chart identifying functions and reporting relationships of the personnel who will be assigned to this work. The Proposer should also describe any prior experience Proposer’s organization has in providing similar services.

6.A.3. Qualifications

For each person a Proposer identifies to perform the work described in this RFP, the Proposer must provide a detailed resume that describes the services they would perform, their qualifications, and their experience.

6.A.4. Compensation

Each Proposer must propose pricing to provide the services identified in Section 3, Statement of

Work.

Compensation for the services identified in Section 3, Statement of Work, should be proposed as a firm fixed price. The proposal must include detailed information that establishes the bases for the price proposed.

Unless otherwise approved in writing by the PUCT, payments will be made based upon the invoicing and payment terms of the resulting contract. The PUCT will not reimburse any out-of-pocket expenses or expenses not contemplated at the time of contract execution.

Proposer must demonstrate how elements of the price correspond to elements of the proposed work plan.

6.A.5. References

Each Proposer must provide at least three references. Proposers must include a phone number and email address for each reference.

The PUCT prefers references from clients for whom the Proposer has performed similar work, including other state commissions or boards.

Proposers must not use the PUCT or any individuals employed by the PUCT as a reference.

6.A.6. Conflicts Statement

Proposers must be neutral and impartial, must not be an entity that has a specific interest in the

PUCT’s regulation, and must not have a direct financial interest in the provision of electric, telephone, water, or sewer service in the state of Texas.

Proposers having a conflict of interest, as determined by the PUCT, will not be eligible for contract award. Proposers may also be disqualified if there are facts that would create an appearance of impropriety, even if no actual conflict exists.

The PUCT will determine whether a conflict of interest or an appearance of impropriety exists from the perspective of a reasonable person uninvolved in the matters covered by the resulting contract. The PUCT is the sole arbiter of whether a conflict or an appearance of impropriety exists.

The requirements for the conflicts statement are as follows:

• It must be signed and notarized by the highest-ranking officer of Proposer’s entity having responsibility for vetting corporate conflicts of interest.

• It must identify any personal or business relationships of Proposer, including all employees and subcontractors of Proposer, with any: (1) electric, telecommunications, water, or sewer utility or any utility affiliate operating in Texas; (ii) entity having a pending application at the PUCT to enter the Texas retail electric market, telecommunications market, water utility market, or sewer utility market; and (iii) any entity who would be required to submit a distribution pole plan and/or update and/or a transmission and distribution structural integrity report under House Bill 144 (89th R.S.) and Senate Bill 1789 (89th R.S.). It must identify the extent, nature, and time aspects of those relationships.

• If a Proposer does not have any known or potential conflict of interest or appearance of impropriety, the conflicts statement must include a statement that there is no known or potential conflict of interest or appearance of impropriety. Failure to provide either a statement describing potential conflicts of interest or appearances of impropriety or a statement that no potential conflict or appearance of impropriety exists will automatically disqualify the Proposer.

• The conflicts statement must address how the Proposer intends to address any known conflicts of interest or appearance of impropriety.

• The conflicts statement must address how the Proposer intends to ensure that no interest may arise as a result of its activities or those of its parent, affiliate, or other related entity that will conflict with the Proposer’s duty should it be selected to provide the services described in Section 3, Statement of Work.

• The conflicts statement must identify a Proposer’s lobbyists who are registered or required to register with the Texas Ethics Commission and their compensation. The conflicts statement must also describe any involvement the Proposer’s lobbyists will have in connection with this engagement or electric utility, telecommunication utility, water utility, or sewer utility legislation or policy.

• The conflicts statement must identify any owner, executive, board member, employee, or subcontractor of Proposer who has been employed by the PUCT or another state agency in

Texas fewer than four years ago. If any individual is identified under this provision, the conflicts statement must disclose: 1) the former PUCT or state agency employee’s name and current position with Proposer; 2) the name of the state agency; 3) the nature of the previous employment with the state agency; and 4) the dates the employment ended with the state agency and began with Proposer. The PUCT is restricted in its ability to enter into contracts with individuals and entities that employ these individuals under some circumstances. See Texas Government Code § 669.003.

• The conflicts statement must certify either that the Proposer does not employ an individual who has been employed by the PUCT or another agency of the State of Texas at any time during the two years preceding the submission of the proposal or that it has disclosed in its proposal the following: (i) the nature of the previous employment with the PUCT or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. The PUCT is restricted in its ability to enter into contracts with individuals and entities that employ certain individuals under some circumstances. See Texas Government Code §§ 2254.033 and

2252.901.

• If the circumstances described by a Proposer change or additional information is obtained subsequent to the submission of proposals, the Proposer must supplement its conflicts statement as soon as reasonably possible upon learning of any change to their statement. If a supplement to the conflicts statement is required after the deadline for submission of proposals, the supplement is exempt from the requirement that all proposal documents must be submitted before the deadline in order for the proposal to be considered.

• The PUCT encourages Proposers to provide complete disclosure of any matters that might be considered a conflict of interest or appearance of impropriety. The PUCT may consider completeness of disclosure in evaluating whether a conflict of interest or an appearance of impropriety exists.

6.A.7. Historically Underutilized Business (HUB) Certification and HUB Subcontracting

Plan (HSP)

The PUCT utilizes the Statewide Procurement Division HUB Program goals set by the State of

Texas Disparity Study. The HUB subcontracting goal for the resulting contract from this RFP is

26.0% (all other services contracts).

Proposers can find the State of Texas Disparity Study on the Texas CPA website at:

https://comptroller.texas.gov/purchasing/vendor/hub/disparity/

Any Proposer that is HUB certified by the Statewide Procurement Division (SPD) of the

Comptroller of Public Accounts (CPA) or one of its predecessors must submit a copy of its HUB certificate.

Additionally, the PUCT has determined that subcontracting opportunities may be available under this contract. Therefore, all Proposers, including State of Texas certified HUBs, must complete and submit a State of Texas HSP with their proposal if the total dollar amount of the proposal response is $100,000 or more.

Proposers can find HSP forms and instructions on the Texas CPA website at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

Responses that do not include a completed HSP will be rejected, as required by Texas Government

Code § 2161.252(b).

6.A.8. Certifications

Each proposal must contain a signed statement with the following certifications:

• The Proposer has made a good faith effort to ensure all statements and information

Proposer submitted in response to this RFP are current, complete, and accurate. The

Proposer represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a proposal with a false statement or making material misrepresentations during the performance of a contract is a material breach of contract and may void the submitted response and any resulting contract.

https://comptroller.texas.gov/purchasing/vendor/hub/disparity/ https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

• The Proposer has not given nor offered to give and does not intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this proposal.

• The Proposer is not currently delinquent in the payment of any franchise tax owed to the

State of Texas.

• The Proposer, the firm, corporation, partnership, institution, or other legal entity represented by the Proposer, and anyone acting for such a firm, corporation, partnership, institution, or other legal entity, have not, in connection with this RFP:

o Violated the antitrust laws of this state or federal antitrust laws;

o Communicated directly or indirectly the bid made to any competitor or other person engaged in such line of business; or o Otherwise violated 15 U.S.C. § 1, et. seq., or Texas Business and Commerce Code

§ 15.01, et.seq.

• Under Texas Government Code § 2155.004, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

[A Proposer is ineligible to receive a contract award if the Proposer is a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. See Texas Government Code §

2155.004(a).]

• The Proposer is in compliance with Texas Government Code § 669.003, relating to contracting with the current or former executive head of a state agency.

• Under Texas Government Code §§ 2155.006 and 2261.053, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that any contract may be terminated and payment withheld if this certification is inaccurate.

(A Proposer is ineligible to receive a contract award if the Proposer has violated certain laws or been subject to certain penalties in connection with hurricane relief, recovery, or reconstruction efforts. See Texas Government Code §§ 2155.006 and 2261.053.)

• Under Texas Family Code § 231.006, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive payment under the proposed contract and acknowledges that any contract resulting from this proposal may be terminated and payment may be withheld if this certification is inaccurate.

(A child support obligor who is more than 30 days delinquent in paying child support, or a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent, is not eligible to receive payments from state funds under a contract to provide property, materials, or services. See Texas Family Code

§ 231.006(a).

• If a Proposer includes a Texas address in its proposal, the Proposer must certify whether or not it qualifies as a Texas Resident Bidder, as defined in Texas Government Code §

2155.444(c)(2).

• Proposer represents and warrants that it is not aware of any court or government agency actions, proceedings or investigations pending or threatened against Proposer or any of the individuals or entities included in the response within the five calendar years immediately preceding the submission of the proposal that would impair Proposer’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to the PUCT’s consideration of the proposal. If Proposer is unable to make the preceding representation and warranty, then Proposer instead represents and warrants that it has included as a detailed attachment in its proposal a complete disclosure of any such court or governmental agency actions, proceedings, or investigations. In addition, Proposer represents and warrants that it will notify the PUCT in writing within five business days of any changes to the representations or warranties in this clause and understands that failure to timely update the PUCT may result in the Proposer’s disqualification at the PUCT’s sole discretion, or if during the performance of the contract, will constitute a breach of contract and may result in immediate termination of the contract for cause at the PUCT’s sole discretion.

• Pursuant to Texas Government Code § 2275.0102, Proposer certifies that neither it nor its parent company, nor any affiliate of Proposer or its parent company, is: (i) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Texas Government Code § 2275.0103;

or (ii) headquartered in any of those countries.

• Proposer certifies that neither it, nor anyone acting on behalf of or for the Proposer, has committed any act of collusion related to the development and submission of the proposal.

6.A.9. Evidence of Financial Capability

Proposer must provide evidence of financial capability. The preferred evidence of financial capability is an audited financial statement, if…