ESBD_442696_1754319996256_RFP 473-25-00018 For Posting.pdf

PUBLIC UTILITY COMMISSION OF TEXAS

REQUEST FOR PROPOSALS FOR CONSULTING SERVICES

REGARDING SECURITIZATION FOR RECOVERY OF SYSTEM

RESTORATION COSTS

Public Utility Commission of Texas

William B. Travis Building

1701 North Congress Avenue

Austin, Texas 78711

Closing Time and Date:

August 26, 2025

10:00 a.m., Central Time

RFP Number: 473-25-00018

Project Number: 58380

NIGP Class Item: 918-00 (Consulting Services); 918-32 (Consulting Services

Not Otherwise Classified); 946-30 (Cash/Securities and Bonding Services);

946-38 (Custom Brokerage Services, including Stocks and Bond); 946-48

(Financial Advisor); 946-49 (Financial Services not otherwise classified); 946-

75 (Securities and Commodities Market Services)

PUCT RFP 473-25-00018

Table of Contents

SECTION 1 – INTRODUCTION ____________________________________________________ 3

SECTION 2 – DEFINITIONS ______________________________________________________ 3

SECTION 3 – STATEMENT OF WORK ______________________________________________ 3

SECTION 4 – ELIGIBILITY AND EVALUATION CRITERIA ________________________________ 5

4.A. EEO and HUB Statement ______________________________________________________ 5

4.B. Minimum Eligibility Requirements ______________________________________________ 5

4.C. Evaluation Criteria ___________________________________________________________ 6

4.D. Texas Vendor Preference ______________________________________________________ 7

4.E. References ___________________________________________________________________ 7

SECTION 5 – SCHEDULE AND PROCESS ____________________________________________ 7

5.A. Anticipated Schedule __________________________________________________________ 7

5.B. PUCT Point of Contact ________________________________________________________ 8

5.C. Process for Asking Questions ___________________________________________________ 8

5.D. Process for Submitting Proposals ________________________________________________ 8

5.E. PUCT’s Standard Process for Selecting Vendors ___________________________________ 9

SECTION 6 – REQUIRED COMPONENTS AND FORMAT _______________________________ 10

6.A. Components ________________________________________________________________ 10

6.B. Format Requirements ________________________________________________________ 16

SECTION 7 – CONDITIONS _____________________________________________________ 17

7.A. Irrevocable Offer ____________________________________________________________ 17

7.B. Proposals are the Property of the PUCT _________________________________________ 17

7.C. Public Information Act Notice _________________________________________________ 17

7.D. Publicity ___________________________________________________________________ 17

7.E. No Proposal Costs Reimbursed _________________________________________________ 17

7.F. Contract Terms and Conditions ________________________________________________ 18

7.G. Vendor Performance Tracking System __________________________________________ 18

ATTACHMENT A – Proposed General Terms and Conditions __________________________ 19

SECTION 1 – INTRODUCTION

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

Contractor to provide expert consulting services regarding CenterPoint Energy Houston Electric

LLC’s (CenterPoint) securitization financing of system restoration costs incurred as a result of

Hurricane Beryl in July 2024, Hurricane Francine in September 2024, and Winter Storm Enzo in

January 2025. This RFP is issued pursuant to Texas Utilities Code §§ 14.001 and 36.401-36.403 and Chapter 39, Subchapter G and 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 this RFP for a Contractor to provide expert consulting services regarding CenterPoint’s securitization financing of system restoration costs incurred as a result of

Hurricane Beryl in July 2024, Hurricane Francine in September 2024, and Winter Storm Enzo in

January 2025. This RFP is issued pursuant to Texas Utilities Code §§ 14.001 and 36.401-36.403 and Chapter 39, Subchapter G.

http://txsmartbuy.com/vpts

The issuance of securitized bonds involves highly specialized expertise and experience in capital market conditions and debt financing. The purpose of the Consultant's work is to assist the

Commission in determining if the requested securitization of system restoration costs will provide greater tangible and quantifiable benefits to ratepayers than would have been achieved without the issuance of transition bonds and to ensure that the securitization will be accomplished using the same procedures, standards, and protections authorized under Chapter 39, Subchapter G.

To that end, the Contractor will be required to meet the following requirements.

I. Requirements.

• As directed by the PUCT’s Contract Administrator or other PUCT Staff, hold discussions with the transaction’s book-running senior manager to fully understand the type of security that is to be sold.

• Hold discussions with the PUCT’s Contract Administrator or other PUCT Staff to understand the Commission’s objectives and the pricing considerations consistent with those objectives.

• As directed by the PUCT’s Contract Administrator or other PUCT Staff, participate in conference calls with the utility company, underwriters, the PUCT’s Contract Administrator or other PUCT Staff, and various counsel and consultants regarding the structuring plans for the securities and the potential implications of evolving market conditions.

• At the beginning of the public marketing process, hold discussions with the transaction’s book-running senior manager and the PUCT’s Contract Administrator or other PUCT Staff regarding the market environment and the specific structuring of tranches, amortization, coupons and yields, and call features. Provide relevant feedback to the PUCT’s Contract Administrator or other PUCT Staff regarding the information gathered through discussions with the transaction’s book-running senior manager.

• During the order process, evaluate pricing of tranching structures based on evaluation of investor preferences, analyze relative pricing of tranches against relevant benchmark securities, and assess market environment for other primary offerings, as well as U.S. economic indicators that could affect the pricing and scheduled sale of the securities. As directed by the

PUCT’s Contract Administrator or other PUCT Staff, analyze alternatives (such as lowering yields) to reduce the amount of oversubscription and recommend whether the oversubscribed bonds are reasonably priced or should be re-priced.

• At the time of final pricing, provide feedback to the PUCT’s Contract Administrator or other

PUCT Staff on the securities’ coupon rates, yield, tranching, and structuring in given market conditions.

• If requested by the PUCT’s Contract Administrator or other PUCT Staff, attend pricing of securitized bonds at the offices of the book-running senior manager.

• If requested by the PUCT’s Contract Administrator or other PUCT Staff, attend open meeting(s) of the Commission and provide to the Commission one or more oral briefings on the results of the transaction.

• Provide a written report on the pricing process as directed by the PUCT’s Contract

Administrator or other PUCT Staff.

II. Deliverables.

Throughout the term of the contract, the Contractor must provide an assessment of relevant market conditions to the PUCT’s Contract Administrator or other PUCT Staff at least weekly, or more often if required by the PUCT’s Contract Administrator or other PUCT Staff. These updates may be held virtually (e.g., Zoom, teams calls) or by phone unless directed to provide updates in writing. If the update is virtual or by phone, the Contractor must submit the update in writing to the PUCT’s Contract Administrator or other PUCT Staff within one (1) business day after the virtual or phone call. If the update is done strictly in writing, the update must be submitted to the

PUCT’s Contract Administrator or other PUCT Staff by 8:00 a.m. CST each Monday while the contract is in place or as otherwise directed by the PUCT’s Contract Administrator or other PUCT

Staff.

By the final business day of the month following the month in which the transaction has been finalized, the Contractor must:

• Prepare a post-pricing book memorializing the pre-issuance and actual market for the securities;

and

• Submit a detailed invoice to the PUCT as specified in the contract resulting from this RFP.

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, proposals must demonstrate that the Proposer has a minimum of ten years’ experience similar to that described in Section 3, Statement of Work, as it relates to:

(a) Investment Banking; and

(b) Working with investor-owned utilities in the structuring, marketing, and pricing of publicly offered electric utility securities.

An entity or company with fewer than ten years’ experience is eligible to submit a proposal if each key member of the proposal team, including subcontractors, has at least ten years’ similar experience.

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 a 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 August 4, 2025

Last day to submit written questions regarding the RFP August 7, 2025, 10am CT

Deadline for submission of proposals August 26, 2025, 10am CT http://www.puc.texas.gov/agency/about/procurement/Default.aspx https://www.txsmartbuy.com/esbd

Post-proposal interviews or presentations, if required September 2-3, 2025

Staff recommendation for selection September 4, 2025

Selection approved September 4, 2025

Contract negotiations September 4-5, 2025

Contract period begins September 8, 2025

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.473-25-00018.

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 26, 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 58380 with the PUCT’s Central Records Division.

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.

mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov mailto:RFPCorrespondence@puc.texas.gov

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 fulfill 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 electric, telecommunications, water, or sewer utility or any utility affiliate operating in Texas or any 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 any entity likely to have a direct interest or be a participant in the anticipated securitization that is the subject of this RFP. 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.

• 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.

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

• 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 Proposer has a current audited financial statement available or if it is practicable to obtain one for the proposal. If no audited financial statement is available, Proposer must demonstrate its financial capability in whatever manner it deems appropriate. Evidence of financial capability will be considered in evaluating the competence of the Proposer.

6.A.10. Other Required Items

• Any Proposer incorporated in Texas must include a copy of its current franchise tax

Certificate of Good Standing, issued by the Texas State Comptroller’s Office, and the corporation’s charter number, issued by the Texas Secretary of State’s Office.

• Each Proposer must provide its 9-digit Federal Employer’s Identification Number (EIN) or its 5-digit State of Texas Vendor’s Identification Number (VIN).

• Each Proposer must provide the name and social security number of each of the following, as applicable: an individual or sole proprietor; or each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the proposal.

Proposers may decline to provide social security numbers at the time of submission but will be required to provide the information before the contract is executed.

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy

Act. Disclosure of each applicable SSN is required under Texas Family Code §§ 231.006(c) and 231.302(c)(2). The SSN will be used to identify persons that may owe child support. The

SSN will be kept confidential to the fullest extent allowed under Texas Family Code §

231.302(e).

• Section 5.A. Anticipated Schedule addresses RFP modifications and addenda. Each

Proposer must acknowledge all RFP modifications and/or addenda issued during the solicitation period and include a statement in their submitted proposal that the Proposer has addressed all RFP modifications and/or addenda in their submission.

6.B. Format Requirements

6.B.1. Information Sheet – The first page of the proposal submission must be an information sheet that clearly states: the name of the Proposer; the name, address, telephone number, and email address of the Proposer’s point of contact; the project number; and the RFP title and number.

The information sheet will be the only portion of the proposal that will not be filed under seal.

Information sheets will be filed publicly in Project No. 58380. If a Proposer is selected, the

Proposer will be expected to maintain current contact information with the PUCT during the term of the contract.

6.B.2. Copies and Price Information – Proposers must submit via email four versions of their proposals: one PDF and one Word version with the compensation component, and one PDF and one Word version without the compensation component. The PDF copy with the compensation component must be clearly marked “Original” and include all required signatures and notarized statements.

Price information must be excluded from one PDF and one Word version. This requirement is to allow the evaluation team to review proposals for the evaluation factors of “Proposal Substance” and “Competence and Knowledge” only. Each proposal will separately be given a score for pricing and that score will be applied to the scoring matrix to ensure that price does not inadvertently influence the evaluation of the other factors.

The copies of the proposal must be identical to the original except for the omission or redaction of the price information and the Word rather than PDF file format.

6.B.3. Proposers are prohibited from using the Texas State Seal or the PUCT Seal in or on the proposal.

6.B.4. Proposals must not contain any extrinsic items, such as promotional items or other things not contemplated in this RFP.

6.B.5. Page Limit – Proposals must be limited to 75 pages, including all attachments and certifications, but excluding financial capability submittal and resumes or writing samples. The

PUCT may reject any proposals longer than 75 pages without review. In any case, evaluation team members will not be provided any pages past the 75th page.

SECTION 7 – CONDITIONS

7.A. Irrevocable Offer

Proposals may be withdrawn in writing before the deadline for receipt of proposals. After the deadline, a proposal becomes an irrevocable offer to provide the services described in Section 3, Statement of Work, with the terms and conditions specified in Attachment A, for the shorter of: a period of 90 days from the RFP closing date or until a contract resulting from this RFP is signed.

The PUCT will not return withdrawn proposals.

7.B. Proposals are the Property of the PUCT

All proposals and copies of proposals, as well as any best and final offer, and any records provided to the PUCT by the Proposer associated with the evaluation of the proposal, will become the property of the PUCT after receipt and will be retained in accordance with the PUCT’s records retention schedule.

7.C. Public Information Act Notice

Following the award of a contract, all proposals are public information and subject to release. If the PUCT receives a request for any information in connection with this RFP, the PUCT will follow the requirements of the Texas Public Information Act (Texas Government Code Chapter

552). This includes notifying Proposers and the Office of the Attorney General if information that the PUCT knows Proposer considers to be confidential is requested under the Texas Public

Information Act. The PUCT assumes no obligation to assert legal arguments on behalf of a

Proposer. The PUCT may release portions of proposals and other information provided by a

Proposer without notifying the Proposer if the information is not conspicuously marked

“confidential” on each page.

A copy of the contract resulting from this RFP will be posted on the PUCT’s public website.

Information in PUCT contracts is public information unless it is made confidential by law. See

Texas Government Code § 552.022(a)(3).

7.D. Publicity

Proposers are prohibited from making any public disclosures or news releases pertaining to this

RFP, any resulting contract, or any results or findings based on information provided or obtained to fulfill the requirements of this RFP or resulting contract. This prohibition may only be waived by prior written approval of the PUCT for the specific disclosure or news release.

7.E. No Proposal Costs Reimbursed

Neither the PUCT nor the State of Texas will reimburse any Proposer for any costs related to:

preparing a response to this RFP, preparing a best and final offer, providing additional information requested as part of the evaluation of proposals, or making any presentation requested as part of the evaluation of proposals.

7.F. Contract Terms and Conditions

Any contract resulting from this RFP will use standard general terms and conditions similar to those found in Attachment A to this RFP, unless changes are negotiated in advance of contract finalization. The terms and conditions found in Attachment A to this RFP are provided as a matter of convenience and may be altered during contract finalization. Many of the terms and conditions are required by law, and the PUCT will not negotiate when a term or condition is required by law.

Proposers must include any requested changes to the terms and conditions in their proposals.

7.G. Vendor Performance Tracking System

At the end of any contract resulting from this RFP, the PUCT will input required information into the Vendor Performance Tracking System regarding the Contractor’s performance and whether the Contractor satisfied the best value standard for this contract. This information is public and other state agencies seeking goods or services are required, under most circumstances, to use the information in the Vendor Performance Tracking System to determine whether or not a particular vendor will meet the best value standard for the purchase of the goods or services.

ATTACHMENT A – Proposed General Terms and Conditions

Article 1. DEFINITIONS

When used in this contract, the following terms have the following meanings:

(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 RFP Number 473-25-00018.

(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 RFP Number 473-25-00018.

(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 Attachment A, Statement of Work.

(8) Statement of Work means the description of goods and services to be provided, as specified in Attachment A of this contract.

(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.

Article 2. COMPENSATION

2.1 Compensation. Contractor agrees to provide all Services (including labor, expenses, and any other services) described in Attachment A, Statement of Work, as follows: [PUCT will insert summary of payment terms in final contract]. Contractor understands that the PUCT is not responsible for payment of any costs or expenses exceeding this amount.

If Contractor believes that changes in the scope of Services to be performed will require Contractor to increase its fee, it must request the PUCT’s written authorization to increase its fee. Contractor must document the changes in the scope of Services and why they will require additional effort.

The PUCT must approve the increase in fee by written amendment to this contract before

Contractor performs any Services or may invoice the increased fee.

2.2 Payment Process. Contractor must submit an invoice to the PUCT contract administrator no later than the final day of the month after the month that all the Services have been performed and completed. The invoice must contain the name of the person performing Services and a brief description of work performed, including a description of any applicable deadlines for deliverables during the period invoiced and the date those deliverables were provided to the PUCT. No payment will be made for administrative overhead, overtime, or other costs not specifically described in this contract.

http://txsmartbuy.com/vpts

On the statement or invoice, Contractor must include a statement that the invoice accurately describes the Services performed and the Services were performed in compliance with the contract.

The statement or invoice must include the vendor identification number issued by the Texas

Comptroller or Contractor’s federal taxpayer identification number, a description of the Services provided, and the name and division of the PUCT contract administrator.

Contractor must submit the invoice to the PUCT as follows:

By email to:…