ESBD_449139_1756147191531_RFP 240c - FINALdocx.docx

KELLY HANCOCK

ACTING COMPTROLLER OF PUBLIC ACCOUNTS

Request for Proposals (RFP No. 240c) for Regional Energy Management Assistance for the State Energy Conservation Office (SECO) Regional Energy Management Program

TABLE OF CONTENTS

RFP 240c Council of Governments for the SECO Regional Energy Management Program

PART I

INTRODUCTION AND BACKGROUND

1.1 Introduction

The State Energy Conservation Office (“SECO”) of the Texas Comptroller of Public Accounts (“Comptroller”) issues this Request for Proposal No. 240c (the “RFP”) to invite proposals from qualified Texas Councils of Governments (“TCOG”) to develop and deploy a regionally focused energy management program (“Regional Energy Management Program” or “Program”). The Program will demonstrate the value and benefits of an increased regional focus on Energy Education, Quantification of Facility/Infrastructure consumption through Energy Reporting, and the development of a Regional Template that other regions can consider when identifying methods for increasing regional energy and water savings activities. Respondents should specialize in identifying methods for increasing regional energy and water savings activities in the public sector and should have extensive knowledge and working experience with public sector energy and water management benchmarking, education, activities, partnerships, and resulting taxpayer dollar savings.

All requisite services are referred to as “Services” in this RFP. Any Respondent submitting a proposal in response to this RFP shall be referred to as a “Respondent.” The selected Respondents, if any, are hereinafter referred to collectively as the “Successful Respondent.” As a result of this RFP, it is the intent for the Comptroller to award three (3) Successful Respondents to perform the Services as described in this RFP (the “Contract”).

1.2 Background

SECO administers and delivers a variety of energy efficiency programs which significantly impact energy costs and consumption in the institutional, industrial, transportation, and residential sectors. Specifically, these programs provide (1) technical resources to utilize energy management strategies which identify energy efficiency and resulting cost savings; (2) financial assistance to complete energy upgrades and retrofits; and (3) educational materials to make the public aware of the necessity for an energy efficient society.

The Regional Energy Management Program is funded with either oil overcharge funds or federal funds that have been approved by the U.S. Department of Energy (DOE). Oil overcharge funds are monetary settlements returned to the states as a result of litigation by the U.S. DOE against certain oil companies for alleged violations of price controls in effect between 1973 and 1981. The courts returned these funds to the states for use in certain energy programs deemed to provide restitution to citizens aggrieved by the overcharges. Oil overcharge funds are subject to the program guidelines of the U.S. DOE and the terms of the final Exxon and Stripper Well Settlement Agreements.

1.3 Regional Energy Management Program Details

· Approximately $750,000.00 in reimbursable funding will be made available under this RFP

· Up to three (3) Councils of Governments will be awarded

· Successful Respondents Match: Twenty percent (20%) minimum.

· Successful Respondent match must meet the criteria described in 2 CFR § 200.306(e).

· Any portion of Successful Respondent match consisting of volunteer hours must use as a baseline either (a) the firm’s publicly stated rate or (b) a rate at or below the average rate charged for the same professional employee category for the fiscal year.

· Successful Respondent match must be approved by DOE prior to full contract execution. During Contract negotiations, the Successful Respondent will be required to submit a copy of the Match Letter (See Sample Match Letter, Attachment N in Exhibit A, Sample Contract). DOE must review and approve the Successful Respondent’s proposed match prior to commencement of services.

PART II

SCOPE OF WORK

2.1 Purpose

Through the Regional Energy Management Program, SECO assists municipalities and municipal utilities, counties, special districts (e.g., river authorities, water districts, transportation authorities, public hospitals, etc.), and other local governmental entities which were created under state law (“Eligible Entities”) in developing, implementing and maintaining effective energy management and efficiency programs. Assistance with a broad range of coordinating initiatives to promote the services provided by the Program include:

· identifying energy and water savings opportunities;

· assisting in setting up and maintaining effective energy efficiency programs;

· expanding the use of ENERGY STAR Building Portfolio Manager tool;

· providing assistance to local governments in utilizing SECO resources;

· enhancing Texas Health and Safety Code §388.005(c) energy program reporting;

· collecting, benchmarking and analyzing utility consumption and costs data;

· strengthening partnerships and address energy efficiency barriers in regions and across the state; and

· providing water and energy conservation trainings and workshops.

2.2 Minimum Qualifications

Respondent is required to be a Texas Council of Governments (referred to as “TCOG”) member with a minimum of seven (7) years in the planning, creation and coordination of regional forums prior to the submission of a proposal. Respondent must demonstrate experience in regional planning activities and in coordinating and delivering energy efficiency and water savings resources to interest parties. Respondent must utilize traditional media (e.g. radio, direct mail) and digital media (e.g. websites, social media) to independently create and disburse energy-related resources. Expertise in Energy Management, Efficiency, and Reporting is preferred, along with experience collaborating with public and private-sectors, and local or regionally based governments.

Successful Respondent must demonstrate complete competency in full scope of services. Successful Respondent may, with the prior approval of SECO, sub-contract services. The receipt and opening of the proposal shall not be construed by Respondent as an acceptance of the Respondent as qualified and responsible. SECO reserves the right to determine the competency and responsibility of the Respondent from information submitted with the proposal and to verify the Respondent’s qualifications from outside sources (such as the Texas Association of Regional Councils).

2.3 Goals and Scope of Work

The Successful Respondent shall provide the Services to Eligible Entities as directed by SECO. Specific tasks shall include, but are not necessarily limited to, the following:

2.3.1 Identify Preferred Future Activities

· Develop a regional survey (“Survey”) to identify specific regional Energy Management interests, needs, priorities, capacities, and potentials for use in development of program partners, activities, and scope. The Survey will gather input from community members and stakeholders to determine the interests and needs across the region.

· The Survey will have a minimum of 40 responses and will be implemented in the following way:

· One (1) Draft Survey to be submitted within 60 calendar days of an executed contract;

· One (1) Final Survey to be submitted 60 calendar days after submittal of a draft survey; and

· One (1) Survey Data Summary to be submitted 45 calendar days from Survey completion deadline.

· The Survey results will be analyzed by the Successful Respondent to highlight prior and current project successes and identify regional needs in a prioritized manner. The Survey results must also identify and prioritize preferred future activities and resource needs by the regional TCOG members and stakeholders. Findings must be submitted in Microsoft Word and made available on the Successful Respondent’s website.

2.3.2 Development and Training

· Up to two (2) of Successful Respondent’s project team personnel must attend a minimum of two (2) community outreach events or professional development class related to energy/water management and efficiency. All events must be reported and pre-approved by SECO. Community outreach events must serve to facilitate information sharing and peer exchange regarding regional public-sector energy and water management activities and initiatives.

· Submit a minimum of two (2) post-event summaries (attached to regular monthly/quarterly reports) within 30 days following the conclusion of the event, and include, at minimum, the following information:

· Date;

· Location;

· Executive Summary of the outreach event or professional development class; and

· Number of attendees.

2.3.3 Conduct Outreach and Advance Key Initiatives

· Organize or host at least four (4) workshops or other educational opportunities to address regional energy/water management and efficiency topics. TCOG must host one event per fiscal quarter, according to State Fiscal Year Quarters. Events must be pre-approved by SECO, recorded, and uploaded to the digital library as referenced in Deliverable 6.

· One (1) of the workshops should be dedicated to SECO programs, including Technical Assistance and the LoanSTAR revolving loan program.

· At least one (1) workshop or other educational opportunity topic must originate from responses to the regional survey.

· Possible topics may include, but are not limited to:

· Energy Code training; and

· Texas PACE Authority.

· For each workshop or other educational opportunity, TCOG must provide SECO with a post-event summary (attached to regular monthly/quarterly reports) within 30 days following the conclusion of the event. Post-event summaries must include a narrative description of the event, along with a table including, at minimum, the following information:

· Date;

· Topic;

· Location;

· Number of attendees;

· Contact information for attendees interested in additional SECO information/services;

· Event materials (slides, informational material, sign-in sheets, etc.);

· Attendee comments and satisfaction survey (1 (lowest) – 5 (highest) scale). Comments and survey must be collected at the conclusion of the workshop or educational opportunity; and

· Key takeaways and a next steps summary.

2.3.4 Local Energy Reporting

· Provide technical assistance to local governments regarding energy/water reporting and data-collection goals. Implementation must include at least one of the following:

· Promote Local Government Energy Reporting as required by Texas Health and Safety Code §388.005(c) by conducting outreach. Outreach may be comprised of:

· Formal letters sent to applicable energy reporting entities;

· Hosting an energy reporting workshop that provides technical assistance; and/or

· Sharing local success stories and energy reporting best practices via informational materials.

· Assist local governments establishing ENERGY STAR Portfolios; and/or

· Produce Electricity Reduction Goals and recommend strategies for local governments to meet minimum, agreed-upon benchmarks.

2.3.5 Program Expansion and Partnership Opportunities

· Expand partnership opportunities with entities throughout the region and the state, including nonprofit organizations, community colleges, and other identified stakeholders. Build upon and develop new relationships with entities that advance SECO and the Successful Respondent regional TCOG’s energy and water efficiency initiatives.

· Seek financial resources from other federal, state, and local funding opportunities—independently or through partnership/teaming arrangements with other organizations. Financial resources must further advance energy and water management strategies, programs, and/or tools.

2.3.6 Website Resources

· Create and update a web page dedicated to advertising workshops and other educational opportunities, documenting event information and supplemental materials. Web page must include a digital library that archives past event materials and recordings. Web page must directly link to SECO website for ease of access.

· Successful Respondent TCOG must refresh resources on web page on a quarterly basis throughout term of contract.

2.4 Reporting

Successful Respondent shall submit monthly, quarterly, annual, and final reports, along with all post-event reports, through the SECO contract portal located on the SECO home page.

2.4.1 Report Template and Submission Guidelines

· Successful Respondent will regularly prepare and submit reports on a Monthly, Quarterly, and Annual basis detailing the progress of each deliverable through the SECO portal. Reports shall be submitted electronically as Microsoft Word documents. Successful Respondent shall also complete electronic submittals of performance using forms in the SECO portal. Successful Respondent will submit a Microsoft Word copy and submittal copy of the Final Report that summarizes the activities of this project. Reports must be prepared using SECO-provided templates.

WORKSHOP OR OTHER EDUCATIONAL OPPORTUNITIES reporting shall include:

· Date;

· Topic;

· Location;

· Number of Attendees;

· Contact information for attendees interested in additional SECO information/services;

· Event materials (slides, informational material, sign-in sheets, etc.); and

· Key takeaways and next steps summary.

2.4.2 Monthly Reporting

· Successful Respondent will complete and submit a Monthly Status Report through the SECO contract portal no later than the 10th day of the following month.

2.4.3 Quarterly Reports

· Successful Respondent shall complete and submit a Quarterly Status Report through the SECO contract portal no later than the 10th day of the following month and shall include the following information:

· Roll up of monthly reports and data by State Fiscal Year Quarters

· Reports are due according to State Fiscal Quarter timeline:

· Q1: 9/1 – 11/30 (Due 12/10);

· Q2: 12/1 – 2/28 (Due 3/10);

· Q3: 3/1 – 5/31 (Due 6/10);

· Q4: 6/1 – 8/31 (Due 9/10);

2.4.4 Annual Report

· Successful Respondents shall complete and submit an Annual Report through the SECO contract portal no later than 9/10 during each year of an active contract and shall include the following information:

· Roll up of previous Q1 – Q4 Quarterly Reports.

2.4.5 Final Report

· Successful Respondent shall complete and submit a Final Report at the project completion through the SECO contract portal. This report will include a summary of contract activities due at the contract completion and shall contain the following:

· Roll up of Quarterly report document; and

· Copies of all project files, including Presentations, Research Papers, Maps, and Spreadsheets.

2.5 Term of Contract; Sample Contract

If a Contract is awarded, the one-year term of the Contract shall begin October 1, 2025, or as soon thereafter as practical, and terminate August 31, 2026. Comptroller shall have the right, in its sole discretion, to renew any Contract for two (2) additional one-year periods, one year at a time, through August 31, 2028. These additional periods are September 1, 2026 through August 31, 2027 and September 1, 2027 through August 31, 2028. Start dates for the additional period are subject to change.

A Contract awarded under this RFP, if any, shall be based on the Sample Contract included as Exhibit A of this RFP and shall incorporate this entire RFP. The Sample Contract includes boilerplate provisions, and Comptroller reserves the right, in its sole discretion, to make a contract award without negotiation of these provisions. In the event Comptroller requires negotiations with Respondents, any modifications or clarifications agreed to with Successful Respondents during contract negotiations shall also be incorporated into the final executed Contract. Each Respondents must review these terms and conditions in Exhibit A and otherwise in this RFP and address any concerns or issues in its transmittal letter. Terms and conditions not specifically objected to in the transmittal letter will be deemed to be accepted by Respondents. Comptroller has final approval of any contract awarded as a result of this RFP. Comptroller reserves the right, in its sole discretion, to modify the terms and conditions of the Sample Contract in the best interests of the State prior to signature by the parties. Notwithstanding any exceptions or any other provision of Respondent’s proposal to the contrary, Successful Respondents shall indemnify Comptroller and the State of Texas, as specified in the Sample Contract. The State of Texas, Comptroller, and their respective employees, officers, agents, and representatives will not indemnify Successful Respondents for any amount for any purpose, and any provisions to the contrary are void.

PART III

GENERAL INFORMATION

3.1 Comptroller Rights

In the best interest of Comptroller and the State, Comptroller, in its sole discretion, may amend or modify any provisions of this RFP or withdraw this RFP at any time prior to award of a Contract. Comptroller reserves the right, in its sole discretion, to reject any or all submitted applications or to select one or more qualified Respondents to this RFP without discussion of applications with the respective Respondents.

The decision of Comptroller, or its designee with regard to the above, shall be administratively final. Comptroller, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in applications received. All applications shall become a part of Comptroller’s official procurement files and may be available for public inspection upon execution of a Contract, if any.

3.2 Respondents Obligations

Respondents to this RFP are responsible for any expense related to the preparation and submission of an application. Comptroller shall not pay for any cost that is incurred by Successful Respondents prior to the effective date of the Contract. Qualified TCOGs with the requisite experience are invited to submit applications in accordance with this RFP. Proposals must address all specifications.

3.3 Successful Respondents Obligations

Comptroller shall look solely to Successful Respondents for performance of the Contract. Successful Respondents shall provide the requested Services under the direction of Comptroller. Successful Respondents shall be the sole point of Contract responsibility. Successful Respondents shall be liable, both individually and severally, for the performance of all obligations under the awarded Contract and shall not be relieved of the non-performance of any subcontractor.

Successful Respondent must maintain a consistent line of communication with Comptroller throughout the process and timely respond to all communications and requests from Comptroller. It is a requirement of any awarded Contract that the Primary Contact and Secondary Contact identified in Part I of Exhibit F: Information Worksheet timely respond to all communications from Comptroller and a failure to comply with these communication requirements may result in termination of award.

3.4 Successful Respondents Obligations – Limitations for Indirect Costs

The Department of Energy (DOE) has established a maximum dollar amount that it will reimburse for indirect costs and fringe benefits costs, including indirect and direct fringe costs, under its financial assistance awards. The maximum amount of funds to be paid or reimbursed under an award for indirect costs and fringe benefits costs, including indirect and direct fringe costs, will be calculated as a percentage of the contract award and the maximum dollar amount will be included in the award terms and conditions.

For this RFP, this maximum dollar amount is calculated as 10 percent (10%) of the contract award.

The total contract award is the sum of total direct costs and indirect cost amounts and comprised of the Federal and, as applicable, the required non-Federal cost share. The maximum indirect and fringe benefits costs, including indirect and direct fringe costs, reimbursement amount (limitation) applies to all budget periods negotiated at the time of the award and will be adjusted should a modification change the Total Award Amount. The limitation applies to the total award across all budget periods. For multi-year awards, applicants must ensure the indirect costs for each year collectively do not exceed the limitation of the contract award.

Applicants must ensure that the sum of indirect costs and fringe benefits costs, including indirect and direct fringe costs, in the proposed budget do not exceed the maximum percentage allowed against the total award. For example, a 10% reimbursement limit against a Total Award Amount of $100,000 means the total indirect costs and fringe benefits costs, including indirect and direct fringe costs, may not exceed $10,000, leaving $90,000 for direct costs. This limit applies regardless of an applicant’s previously negotiated indirect cost rate agreement (NICRA), rate proposal, or the election of the de minimis rate (15% of modified total direct costs per 2 CFR 200.414(f)). If an applicant’s NICRA or de minimis rate yields higher indirect cost amounts than the 10% limitation allows, the limited amount must be used.

Applicants should apply a consistent accounting methodology when allocating their indirect rates (e.g., NICRA, Rate Proposal, or de minimis rate per 2 CFR 200.414(f)), that the organization utilizes to develop the indirect rates, to the maximum extent possible without exceeding the reimbursement limit. (FAL 2025-05 June 30, 2025)

3.5 Schedule of Events

The times stated in this document refer to Central Time (“CT”), Austin, Texas, where appropriate. Comptroller’s regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except national and official State of Texas holidays. All deadlines are subject to change at Comptroller’s sole discretion.

Comptroller anticipates that the selection of Successful Respondents and execution of the Contract, if any, will proceed according to the following approximate schedule:

August 25, 2025 — Issuance of RFP (after 10:00 a.m. CT)

September 3, 2025 — Deadline for Submission of Questions (2:00 p.m. CT)

October 1, 2025 — Contract Execution (or as soon thereafter as practical)

October 2, 2025 — Commencement of Services (or as soon thereafter as practical)

Notices of changes to items directly impacting the original RFP or application process will be posted on the Electronic State Business Daily (“ESBD”). Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting an application. Respondent’s failure to periodically check the ESBD for updates will in no way release Successful Respondents from compliance with any requirements in the “addenda or additional information,” even if such compliance results in additional costs to meet the requirements.

3.6 Issuing Office

Comptroller, through its Contracts Section, is the Issuing Office and the sole point of contact for this RFP. The Contracts Section is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFP and any contract awarded as a result of this RFP. Upon issuance of this RFP, other employees of Comptroller shall not answer questions or otherwise discuss the contents of this RFP with any Respondents or their representatives. Failure to observe this restriction may result in disqualification of any pending or subsequent application. This restriction does not preclude discussions unrelated to this RFP. Except as otherwise indicated, all communications concerning this procurement must be in writing and addressed to the Issuing Office as follows:

Joseph Madden Contracts Attorney Texas Comptroller of Public Accounts LBJ State Office Building 111 East 17th Street, Room 310C Austin, Texas 78774 E-mail: contracts@cpa.texas.gov

Proposals shall be submitted in English through the SECO’s proposal portal.

3.7 Submission of Questions

Respondents may submit questions to the Issuing Office through the SECO questions portal no later than 2:00 p.m. by the deadline set forth in the Schedule of Events. On or about the date set forth in the Schedule of Events, Comptroller expects to electronically post answers to the written questions on the ESBD.

3.8 Deadline for Submission of Applications; Delivery Instructions; Number of Copies Required

One electronic copy of each proposal must be submitted through the proposal portal no later than 2:00 p.m. by the deadline set forth in the Schedule of Events. Late applications will not be considered under any circumstances. The electronic files must be titled as “RFP No. 240c Regional Energy Management Program Services for the State Energy Conservation Office (SECO) Local Governments Energy Program” and include the TCOG’s name.

Respondents are solely responsible for verifying Comptroller’s receipt of all applications by the deadline specified above. Faxed and hard-copy applications are not acceptable and will not be considered.

Under Section 322.020 of the Texas Government Code, the Legislative Budget Board (“LBB”) has implemented a database of state agency contracts. See the LBB website. Comptroller shall upload to the LBB’s contract database the text of the complete Contract, including Successful Respondent’s proposal (with limited redaction and appendix) no later than ten (10) days after date of Contract award. In submitting an application in response to this RFP, Respondents acknowledges that it understands and accepts this requirement.

3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled or accessed by Respondents in connection with a contract resulting from this RFP (“Confidential Information”), shall be and remain Confidential Information and shall not be released or disclosed by Respondents without the prior written consent of Comptroller, which consent must specifically identify the Confidential Information to be disclosed by Respondents and the nature of the disclosure for which consent is sought. Respondents must execute and return with its application a Nondisclosure Agreement with Comptroller in the form of Exhibit E attached hereto.

Following the award of a Contract, applications to this RFP are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. All Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. Comptroller assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

If a Respondent believes that any portion of an application is confidential, then Respondent must so specify. Respondent must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the application which Respondents believes to be confidential. Respondent must submit in writing specific detailed reasons, including any relevant legal authority, stating why Respondent believes the material to be confidential. Vague and general claims as to confidentiality will not be accepted. Comptroller will be the sole judge as to whether a claim is general and/or vague in nature. All applications and parts of applications which are not marked as confidential will be automatically considered public information after the contract is awarded. A response resulting in an award may be considered public information even though parts are marked confidential.

In the event Comptroller receives a request for portions of a proposal marked as “CONFIDENTIAL” as specified above, Comptroller shall forward such request to the office of the Texas Attorney General for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. Comptroller will notify Respondents whose proposal is the subject of the request when the information is forwarded to the office of the Attorney General. Comptroller assumes no obligation for asserting legal arguments on behalf of Respondents. Respondents are advised that Comptroller is obligated to comply with the decision of the Attorney General, including any such decision calling for the release of information marked “CONFIDENTIAL” by a Respondent.

Copyrighted applications are unacceptable and are subject to disqualification as non-responsive.

3.10 Media Releases

Comptroller does not endorse any vendor, commodity, or service. Media releases pertaining to this RFP, the Contract, if any, or the Services to which they relate shall not be made without the prior written consent of Comptroller and then only in accordance with explicit written instructions from Comptroller. The disclosure of the contents of applications prior to the award of the Contract, if any, or any other violation of this section, may result in disqualification.

3.11 Respondent’s Understanding of the RFP

By submitting a signed proposal, a Respondents represents that it fully understands this RFP and shall abide by its terms and conditions. No exceptions, amendments, or deviations from this RFP shall be allowed in any applications unless an addendum to the RFP is posted to the ESBD prior to the date that responses are due. Unauthorized exceptions, amendments, or deviations in the application may result in disqualification of the application.

3.12 Non-exclusivity

This RFP is not exclusive, and Comptroller reserves the right to issue additional solicitations regarding the Services described in this RFP or similar services at any time.

3.13 Cost Proposal Not Required

Comptroller anticipates the selection of Successful Respondents, if any, on the basis of demonstrated experience, competence, qualifications, and the other considerations and criteria as set forth in Section 5.2 of this RFP. Respondents should not include a Cost Proposal in response to this RFP. However, Comptroller reserves the right to negotiate budget and budgetary constraints at the time of contract award, if any.

3.14 Incorporation of Exhibits

Exhibits A, B, C, D, E, and F, are attached hereto and incorporated as part of this RFP for all purposes.

PART IV

PROPOSAL FORMAT

4.1 Introduction

Each proposal shall contain a cover sheet with the following: “RFP No. 240c Regional Energy Management Program Services for the State Energy Conservation Office (SECO) Local Governments Energy Program” and the name and address of Respondent. Proposal pages must be numbered. Each document included in the proposal shall be separated from the other documents by a tab sheet.

Proposals must be organized as described in Section 4.2. Proposals not organized in this manner may be subject to disqualification. Conciseness and clarity of content are required; vague and general proposals may be considered non-responsive and may result in disqualification. Proposals must be complete; failure to provide all required information may result in the disqualification of the proposal.

ALL EXHIBITS TO THIS RFP ARE PREPARED EXCLUSIVELY FOR THIS RFP. RESPONDENT’S SUBMISSION OF OTHER EXHIBITS OR DOCUMENTS, INCLUDING PRIOR RFP EXHIBITS, MAY RESULT IN DISQUALIFICATION OF THE PROPOSAL.

4.2 General Organization of Proposal Contents

Respondents must organize their proposal in the format prescribed below:

(1) Transmittal Letter;

(2) Table of Contents;

(3) Regional Energy Management Worksheet Located in Exhibit F

(4) Insurance;

(5) Financial Statements;

(6) Execution of Proposal;

(7) Historically Underutilized Businesses Subcontracting Plan;

(8) Criminal Conviction Certification;

(9) Nondisclosure Agreement; and

(10) Conflict of Interest Statement.

A description of the information required for each of the items listed above is set forth below.

4.2.a. Transmittal Letter

Respondent must submit a transmittal letter that identifies the entity submitting the proposal and includes a commitment by that entity to provide the Services required by Comptroller. The transmittal letter must state that the proposal is valid for one hundred twenty (120) days from the deadline for delivery of proposals to Comptroller. Any proposal containing a term of less than one hundred twenty (120) days for acceptance from this deadline will be rejected as non-responsive.

The transmittal letter must be signed by a person legally authorized to bind Respondent. Respondent also must indicate in its transmittal letter why it believes it is the most qualified to provide the requisite Services and why it believes its proposed services best meet Comptroller’s objectives and RFP requirements.

The transmittal letter must include a statement of acceptance of the terms and conditions of the contract as set forth in the Sample Contract located in Exhibit A to the RFP. If a Respondent takes exception to any of the proposed terms and conditions stated in the Sample Contract or this RFP, then the exception(s) must be specifically and clearly identified in the transmittal letter and an explanation of the requested change along with the proposed alternative language must also be included in the transmittal letter. However, failure to accept those terms and conditions may result in disqualification of the proposal.

4.2.b Table of Contents

Each proposal must be submitted with a table of contents that clearly identifies and denotes by page number each section of the proposal and the location of all enclosures of the proposal. The table of contents must follow the RFP’s structure as much as possible.

4.2.c Regional Energy Management Worksheet Located in Exhibit F.

In its proposal, Respondent must complete and submit a completed Regional Energy Management Services Information Worksheet located in Exhibit F of this RFP.

4.2.d Financial Statements

In its proposal, TCOG must provide evidence of financial stability by providing audited financial statements for each of the last two (2) years of Respondent’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm.

In lieu of providing audited financial statements in its Proposal, a Respondent may provide a statement regarding the TCOG’s financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting documentation sufficiently detailed to demonstrate financial solvency and to verify the capacity to fulfill the requirements of this RFP.

4.2.e Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.f Criminal Conviction Certification

Exhibit C must be completed and signed by Respondent.

4.2.g Nondisclosure Agreement

Exhibit D must be completed and signed by Respondent.

4.2.h Conflict of Interest Statement

The Conflict of Interest Statement must be prepared, signed by Respondent, and returned with the proposal as Exhibit E.

In its proposal, a Respondent must represent and warrant to Comptroller that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the Services free from outside direction, control, or influence, and subject only to the accomplishment of Comptroller’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFP.

Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal from Respondent and its possible selection as Successful Respondent, or its performance or the performance of its proposed subcontractor(s) of the Contract.

As part of this disclosure requirement, each Respondent must include in its proposal all past and present contractual, business, financial or personal relationships between Respondent and Comptroller and between Respondent’s proposed subcontractors, if any, and Comptroller. For purposes of this disclosure requirement, (i) “past” is defined as within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFP; (ii) “Comptroller” is defined as the statewide elected official who heads the agency as well as the agency’s employees or recent former employees; and (iii) “recent former employees” are defined as those Comptroller employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFP. For each item, Respondent must provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of a proposal, possible selection as Successful Respondent or its performance of the Contract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this RFP. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity (see Chapter 573 of the Texas Government Code) which defines these degrees of consanguinity and affinity. Connections other than such family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to Comptroller or the State under the Contract. Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a proposal, possible selection as Successful Respondent, or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest. Connections also fall within this definition if the relationship is with Comptroller or other State of Texas employee with authority to make decisions or recommendations on state contracting or procurement or this RFP. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting a proposal in response to this RFP, a Respondent affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Respondents must disclose any proposed personnel under the contract who are current or recent former employees of Comptroller or the State. Recent former employees are defined above.

Disclosures under these provisions are information that will be evaluated by Comptroller. However, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the State of Texas. If a Respondent is in doubt about whether information should be disclosed, Respondent should consult its legal counsel. Failure to disclose any required information under these provisions may be cause for proposal disqualification or termination of the contract under this RFP. Comptroller reserves the right, in its sole discretion, to determine if an issue should result in proposal disqualification or termination of the Contract. If circumstances change or additional information is obtained subsequent to submission of proposals, Respondent’s duty to disclose under these provisions continues under the term of the Contract and does not end with submission of a proposal or receipt of Contract award.

PART V

PROPOSAL EVALUATION AND SELECTION

5.1 Evaluation Process

Comptroller shall establish an Evaluation Committee. Copies of those proposals found to be responsive and to be in compliance with this RFP will be distributed to the members of the Evaluation Committee for their review and evaluation. Clarifications on issues raised in the proposals may be sought from individual Respondent. Best and Final Offers may be sought from Respondents whose proposals are ranked most highly by the Evaluation Committee.

Comptroller may request that top scoring Respondents present an overview of the proposed services. The number of top scoring Respondents selected to provide presentations will be determined by Comptroller in its sole discretion. Such Respondents will be notified, and presentation dates and times will be arranged. All presentations will be performed at Comptroller offices located at LBJ Building, 111 E. 17th Street, Austin, Texas.

Upon the selection of Successful Respondent, if any, Comptroller shall proceed with contract negotiations and attempt to finalize the contract with the apparent Successful Respondent. If a contract cannot be successfully negotiated within a reasonable period of time, negotiations will be terminated, and negotiations with the next highest-ranking Respondent may commence. The process may continue until a contract is signed or the RFP is withdrawn. However, Comptroller may at any time, upon failure of negotiations, choose to reissue or withdraw the RFP rather than continue with negotiations.

As soon as possible after the execution of a written contract with Successful Respondent, all other Respondents shall be provided with formal notification.

5.2 Evaluation Criteria

Only those proposals that meet the minimum qualifications shall be evaluated and scored. The evaluation criteria and relative weights for this RFP are set forth below:

5.3 Respondent’s Past Performance

Comptroller may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System as authorized by 34 Texas Administrative Code §20.108, Comptroller may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, Comptroller may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of Comptroller, and any negative findings, as determined by Comptroller, may result in a non-award to Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website.

5.4 Protest Procedures

Respondents must use the protest procedures adopted by Comptroller at 34 Texas Administrative Code §1.72 in the event of a protest.

EXHIBIT A: Sample Contract

AGREEMENT – Interlocal Cooperation Act

I. Parties

This Interlocal Agreement (“Agreement”) is made and entered into by the following parties:

Receiving Agency: Texas Comptroller of Public Accounts, (“Comptroller”) State Energy Conservation Office

II. Authority

This Agreement is entered into pursuant to authority granted in Chapter 403, Section 403.11,Texas Government Code; Chapter 447, Texas Government Code; the Oil Overcharge Restitutionary Act, Chapter 2305, Texas Government Code; the Interlocal Cooperation Act, Chapter 791, Texas Government Code; and the State of Texas Oil Overcharge Funds Disbursement Plan. Funding for this program is provided by federal funds approved by the United States Department of Energy (“DOE”).

III. Services

Contractor shall provide all of the services described in this Agreement, which consists of this Agreement and all the documents listed below (“Attachments”). In addition, Contractor shall provide all services reasonably related to those specified in this Agreement and all Attachments. All of the following Attachments are attached hereto and incorporated into this Agreement for all purposes:

In the event of a conflict, the documents shall control in the following order of precedence:

1. This Agreement, excluding Attachments;

2. Attachment A and B;

3. Attachments C-1, through H;

4. Attachment I;

5. Attachment J;

6. Attachment O;

7. Attachment K;

8. Attachment L;

9. Attachment M; and

10. Attachment N.

Contractor represents and warrants that it completed and provided the following Attachments to Comptroller prior to executing this Agreement: C-1, D, E, F, G, H, I, and O. In addition, Contractor represents and warrants that each of its subcontractors will complete and provide an Attachment C-2 to Contractor and Comptroller prior to Contractor executing this Agreement.

Contractor shall retain full control over the personnel, equipment, supplies, and other items Contractor selects as necessary to provide all of the services described in this Agreement.

Contractor shall submit such records, information, and reports in such form and at such times as may be required by Comptroller; these reports shall include, but are not limited to, the reports specified in Attachment A.

Contractor represents and warrants that it has the requisite qualifications, experience, personnel and other resources to provide all of the required Services to Comptroller in the manner required by this Agreement. Comptroller shall look solely to Contractor for performance of this Agreement. Contractor shall provide the services under the direction of Comptroller. Contractor shall be the sole point of Agreement responsibility. Contractor shall be liable, both individually and severally, for the performance of all obligations under this Agreement, and shall not be relieved of the non-performance of any subcontractor.

Contractor shall maintain a consistent line of communication with Comptroller and timely respond to all communications and requests from Comptroller. Contractor acknowledges that it is a requirement of this Contract that the Primary Contact and Secondary Contact identified in Part I, Exhibit F: Information Worksheet, of its Proposal timely respond to all communications from Comptroller.

IV. Payments

Total payments to Contractor under this Agreement shall not exceed…