ESBD_449140_1756147849847_RFP 240d FINAL.docx

KELLY HANCOCK

ACTING COMPTROLLER OF PUBLIC ACCOUNTS

Request for Proposals (RFP No. 240d) for Professional Energy Engineering Services for the State Energy Conservation Office (SECO) Local Governments Energy Program

TABLE OF CONTENTS

RFP 240d Professional Energy Engineering Services for the SECO Local Governments Energy 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 Proposals No. 240d (the “RFP”) to invite proposals from qualified, independent Professional Engineering services firms with licensed engineers located in the state of Texas to provide professional energy engineering services to SECO’s Local Governments Energy Program. Potential respondents should specialize in conducting and preparing energy assessment reports and should have extensive knowledge and working experience with schools and local governments regarding energy management activities, public facilities and infrastructure, and related energy, water and resource management activities. Respondents should also have an extensive understanding of energy conservation audits, assessments, and conservation projects in the public sector.

All requisite services are referred to as “Services” in this RFP. Each individual or firm submitting a proposal in response to this RFP shall be referred to as a “Respondent.” The selected Respondent or Respondents, if any, are hereinafter referred to collectively as the “Successful Respondent.”

As a result of this RFP, Comptroller anticipates executing a contract with the Successful Respondent 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 Local Governments Energy 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 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 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 Proposal Details

· Approximately $1,200,000.00 in reimbursable funding will be made available under this RFP.

· Successful Respondent Match: Ten percent (10%) 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 applicant will be required to submit a copy of a 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 Overview

Through the Local Governments Energy Program (“Program”) SECO assists public independent school districts (“ISDs”), municipalities and municipal utilities, counties, special districts (e.g. river authorities, water districts, transportation authorities, public hospitals, etc.), and other local governmental entities which are created under state law (“Eligible Entities”) in developing, implementing and maintaining effective energy management and efficiency programs. The services provided by the Program include:

· conducting Preliminary Energy Assessments (“PEAs”) and providing PEA reports;

· collecting, benchmarking and analyzing utility consumption and costs;

· developing specialized training materials, with the goal of facilitating energy and water management practices;

· identifying energy and water savings opportunities;

· facilitating energy efficiency and conservation retrofit implementation;

· providing Property Assessed Clean Energy (PACE) technical assistance;

· providing energy-engineering technical assistance;

· providing Texas Health and Safety Code §388.005(c) energy program reporting guidance and assistance; and

· providing technical content for, and assistance with, energy-related training or workshops.

2.2 Goals and Scope of Work

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:

· Preliminary Energy Assessment Energy-Engineering Analysis and Project Recommendations.

· Conduct a preliminary energy and water consumption and conservation analysis of facilities and systems;

· Analyze systems for building energy code compliance, including but not necessarily limited to areas such as plug load, building envelope diagnostics, cooling system refrigerants used, outside air quantity, and lighting illumination levels;

· Derive accurate definitions of system and equipment replacement projects, along with installation cost estimates, estimated energy, water and associated cost savings, and payback analyses for each recommended project;

· Where applicable, provide analysis that indicates the feasibility or the potential for the utilization of renewable resources or alternative energy sources with current infrastructure and facilities operations;

· Compile the findings into a Preliminary Energy Assessment (PEA) report in a format approved by SECO;

· Conduct a preliminary PEA meeting with recipient representative that include upper-level administrators and if possible, a financial administrator; and

· Obtain recipient buy-in to make an effort and commit to implementing PEA recommendations if fiscally advantageous.

· Collect, Benchmark and Analyze Utility Consumption and Costs.

· Assist with facility/infrastructure benchmarking and documentation of public facility and infrastructure resource (electricity, gas, and water) consumption;

· Assist with the collection of utility billing data, resource consumption calculations, and reporting of accurate resource consumption;

· Complete comprehensive utility analyses for facilities resulting in accurate “Base Year” resource consumption data for each building and/or meter serving the facility;

· Provide facility and infrastructure benchmarking services (using EPA’s ENERGY STAR Portfolio Manager) in order to assist with the benchmarking and tracking of 3-to-5 years of resource consumption data (electricity, gas, and water) for eligible public facilities and infrastructure;

· Analyze each Utility Rate Schedule used by utility providers for the facilities included in the Energy Management Plan, with the goal of reducing electricity consumption or costs, and

· Analyze utility bills and other building information to determine energy and cost utilization indices of individual facilities.

· Technical Assistance.

· Provide on-site energy-engineering analysis for projects approved by SECO;

· Prepare financial analyses of potential savings of the technical assistance recommendations. Specifically, analyze the costs and benefits of project implementation based on the short and long-term fiscal impacts, along with the emissions savings.

· Prepare Technical Assistance report in a format approved by SECO;

· Provide PACE Technical Guideline assistance as requested;

· Provide and support various energy-efficiency and water-efficiency related training, workshops, and webinars for public energy and water stakeholders, including but not limited to energy managers, building and facility operators, maintenance staff, finance staff and management;

· Develop and distribute, as requested, specialized training materials, with the goal of facilitating energy and water management practices;

· Design and monitor customized procedures to control the run times of energy-using systems;

· Provide guidance regarding specifications for energy and water-related procurements;

· Introduce LoanSTAR program to Eligible Entities and assist them with completion of SECO LoanSTAR applications for PEA and technical assistance activities, as requested;

· Conduct a thorough analysis of the entity’s current maintenance program, giving due consideration to the cost of maintenance for each primary item of equipment;

· Meet with public entities to inform the recipient of the detailed findings from assessments;

· Conduct follow-up visits to determine which measures have been implemented by the public entities; and

· Meet with public entities to guide or help them complete Texas Health and Safety Code §388.005(c) energy program reporting.

2.3 Reporting

Successful Respondent’s monthly, quarterly, and final reports, along with all technical report submissions should be submitted through the SECO contract portal located on the SECO home page.

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. Successful Respondents will be required to comply with the following Reporting requirements and guidelines:

· Technical Report Template and Submission Guidelines. Upon completion of a PEA or other technical report, as applicable, Successful Respondent will prepare such reports in the format set forth in Exhibit G, Technical Report Template and shall submit to SECO and the Eligible Entity with one (1) full-color, high resolution ‘searchable’ digital PDF file of the report to SECO and the report recipient which complies with the applicable State of Texas Accessibility requirements for Electronic and Information Resources specified in the Department of Information Resources’ rules at 1 Texas Administrative Code Chapter 206 and 1 Texas Administrative Code Chapter 213. The report to SECO shall be submitted online through the contract portal.

Six months after completion and submission of the PEA report to SECO, Successful Respondent shall conduct a follow-up visit with the Eligible Entity regarding which measures they have or may intend to implement and their participation in the LoanSTAR program. During the follow-up visit, Successful Respondent shall ensure LoanSTAR application documents are readily available for Eligible Entities, if requested.

· 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.

· Contract Summary Spreadsheet. Successful Respondent shall also maintain and submit to SECO an editable, Summary Spreadsheet (MS Excel) of activities, as needed. The Summary Spreadsheet shall tabulate and analyze the actual energy consumption of facilities and identify potential resource (electricity, gas, and water) savings that would be associated with energy efficiency and/or professional engineering recommendations and technical assistance. The Summary Spreadsheet shall contain all of the following information as applicable:

ENTITY INFORMATION:

· Entity Name;

· Entity Type – e.g. ISD, Local Government, Special District, Utility, Other;

· Entity County;

· Total Entity Facility Square Footage;

· Population of Entity or Population Served;

· Survey Questions:

· Interested in project implementation or additional project finance information? (Yes or No)

PROJECT DETAILS:

· Project Initiation Date – Date which project was assigned by SECO;

· Project Completion Date – Date which report was submitted to SECO;

· Project Type – (e.g. Technical Assistance; Specialized Training and Consultation; Preliminary Energy Assessment; Other – Explain)

· If ‘Other’, specify primary type

· Total Square Feet Assessed;

· Total Percentage of Facility Assessed

· Based on square footage assessed/total facility square footage

· Number of Buildings / Facilities Assessed

· Identified Upgrade/Retrofit Type(s);

· Potential Upgrade / Retrofit Dollar Cost;

· Potential Upgrade / Retrofit Savings;

· Simple ROI of Upgrade / Retrofit;

· Potential Energy savings (kWh);

· Potential Water Savings (MGD);

· Potential CO2 Reductions

WORKSHOP OR TRAINING COLLABORATIONS:

· Date;

· Topic;

· Location;

· Number of Attendees;

· Number of Attendees interested in additional SECO information or services.

· Project Activity Map. For any contract resulting from this RFP, each month as requested, Successful Respondent shall produce a basic map showing cumulative project activity performed throughout Texas.

· 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);

· Annual Reports. 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.

· Final Report. Successful Respondents 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 spreadsheet; and

· Upload electronic copies of all project files, including: Energy Assessments; Photographs; Presentations; Research; Papers; Spreadsheets into reporting portal.

2.4 Term of Contract; Sample Contract

If a Contract is awarded, the initial 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 may vary in the additional periods.

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 Respondent during contract negotiations shall also be incorporated into the final executed Contract. Each Respondent 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 Respondent. 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 Respondent 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 Respondent 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 proposals or to select one or more qualified Respondents to this RFP without discussion of proposals with the respective Respondents.

The decision of Comptroller, or its designee regarding the above, shall be administratively final. Comptroller, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in proposals received. All proposals 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 Respondent Obligations

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

3.3 Successful Respondent Obligations

Comptroller shall look solely to Successful Respondent for performance of the Contract. Successful Respondent shall provide the requested Services under the direction of Comptroller. Successful Respondent shall be the sole point of Contract responsibility. Successful Respondent 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 Applicant 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 Contract awarded to Successful Respondent that the Primary Contact and Secondary Contact identified in Section 1: General Information of Exhibit F timely respond to all communications from Comptroller and a failure to comply with these communication requirements may result in termination of the Contract.

3.4 Successful Respondent 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 Respondent 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 proposal 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 a proposal. Respondent’s failure to periodically check the ESBD for updates will in no way release Successful Respondent 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 proposal. 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 Assistant General Counsel, Contracts Texas Comptroller of Public Accounts LBJ State Office Building 111 East 17th Street, Room 310C Austin, Texas 78701 E-mail: contracts@cpa.texas.gov

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

3.7 Submission of Questions

Respondents may submit questions to the Issuing Office through the SECO question 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 Proposals; Delivery Instructions; Number of Copies Required

One electronic copy of each proposal must be submitted through the proposal portal and received in the Issuing Office no later than 2:00 p.m. by the deadline set forth in the Schedule of Events. Late proposals will not be considered under any circumstances. The electronic files must be labeled with “RFP No. 240d Professional Engineering Services – Respondent name”.

Respondents are solely responsible for verifying Comptroller’s receipt of all proposals by the deadline specified above. Faxed and hard-copy proposals 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 a proposal in response to this RFP, Respondent 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 Respondent 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 Respondent without the prior written consent of Comptroller, which consent must specifically identify the Confidential Information to be disclosed by Respondent and the nature of the disclosure for which consent is sought. Respondent must execute and return with its proposal a Nondisclosure Agreement with Comptroller in the form of Exhibit E attached hereto.

Following the award of a Contract, responses 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 a proposal 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 proposal which Respondent 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 proposals and parts of proposals 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 Respondent 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 Respondent. 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 proposals 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 proposals 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 Respondent 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 proposals 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 response may result in disqualification of the proposal.

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, F, and G 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. 240d Professional Energy Engineering 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:

a. Transmittal Letter;

b. Table of Contents;

c. Professional Energy Engineering Services Information Worksheet Located in Exhibit F;

d. Insurance;

e. Financial Statements;

f. Execution of Proposal;

g. Historically Underutilized Businesses Subcontracting Plan;

h. Criminal Conviction Certification;

i. Nondisclosure Agreement; and

j. 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 Professional Energy Engineering Services Information Worksheet (Exhibit F)

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

4.2.d Insurance

In its proposal, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract the minimum insurance and bond coverage specified in the Sample Contract. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its proposal. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance.

4.2.e Financial Statements

In its proposal, Respondent and its parent company, if applicable, 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 Respondent’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.f Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.g Historically Underutilized Businesses Subcontracting Plan

The State of Texas and Comptroller are committed to assisting Historically Underutilized Businesses (“HUBs”) through the procurement process. In accordance with Sections 2161.181 and 2161.182 of the Texas Government Code, each state agency shall make a good faith effort to increase the contract awards for the purchase of goods or services to HUBs based on rules adopted to implement the disparity study described by Section 2161.002(c) of the Texas Government Code. In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency (including institutions of higher education) as defined by Section 2151.002 of the Texas Government Code that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids or other purchase solicitation documents for construction, professional services, other services, and commodities with an expected value of $100,000 or more shall state that probability and require a HUB Subcontracting Plan (“HSP”) and supporting documentation.

The HUB goals per 34 Texas Administrative Code §20.284 are: 11.2% for heavy construction other than building contracts; 21.1% for all building construction, including general contractors and operative builders’ contracts; 32.9% for all special trade construction contracts; 23.7% for professional services contracts; 26.0% for all other services contracts; and 21.1% for commodities contracts.

Comptroller has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services X Other Services Commodities ___

Comptroller has determined that HUB subcontracting opportunities are probable and requires that Respondents complete the State of Texas HUB Subcontracting Plan (“HSP”) form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. The HSP form is also posted to the ESBD as a separate package under this RFP. The class and item codes for this RFP are as follows: Class 925, Items 31, 34, 36 and 67.

- - Agency Special Instructions/Additional Requirements - -

The Texas Comptroller of Public Accounts is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code, and by requesting a HSP for contracts with an expected value of $25,000 to $99,999.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more does not contain a completed HSP and supporting documentation, the bid/proposal/offer will be considered non-responsive and will be disqualified. After contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from CPA.

For assistance in completing the HSP, Respondent may visit the following website: https://comptroller.texas.gov/purchasing/vendor/hub/.

If Respondent is not subcontracting any portion of the contract, Sections 1, 2(a), 3 and 4 must be completed. If Respondent is subcontracting some portion of the contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B).

The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing HUBs in subcontracting areas that are listed below; however, this list should not be considered exhaustive.

Respondent must carefully review, complete, and return all HUB forms as required by this Section.

4.2.h Criminal Conviction Certification

Exhibit C must be completed and signed by Respondent.

4.2.i Nondisclosure Agreement

Exhibit D must be completed and signed by Respondent.

4.2.j 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 Respondents. 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:

Selection of a Successful Respondent by Comptroller shall be based on demonstrated competence and qualifications to perform the Services in accordance with the provisions of Chapter 2254, Subchapter A of the Texas Government Code applicable to the selection by a governmental entity of a provider of professional engineering services. Respondents must not include any proposed costs or fees in their proposals. Comptroller shall have the discretion and authority to request proposed cost and fee information beginning with the top scoring Respondent and shall negotiate as described in Section 2254.004 of the Texas Government Code.

Under Section 2254.004 of the Texas Government Code, Comptroller shall first select the most highly qualified provider of Services on the basis of demonstrated competence and…