ESBD_473231_1764705581897_UTAG RFP 120225.pdf

REQUEST FOR PROPOSAL

by

The University of Texas Aggregation Group for

Electric Supply and Related Services

RFP No.: FY2026-RFP-H-00181

Submittal Deadline: January 30, 2026 5:00pm Central Prevailing Time

Issued: December 2, 2025

TABLE OF CONTENTS

SECTION 1: INTRODUCTION 1 of 20

SECTION 2: NOTICE TO PROPOSER 4 of 20

SECTION 3: SUBMISSION OF PROPOSAL 8 of 20

SECTION 4: GENERAL TERMS AND CONDITIONS 10 of 20

SECTION 5: SPECIFICATIONS AND ADDITIONAL QUESTIONS 11 of 20

SECTION 6: PRICING SCHEDULE 17 of 20

ATTACHMENTS

APPENDIX ONE: PROPOSAL REQUIREMENTS

APPENDIX TWO: HUB SUBCONTRACTING PLAN: POLICY ON UTILIZATION OF

HISTORICALLY

UNDERUTILIZED BUSINESSES

APPENDIX THREE: CAMPUS MAP

APPENDIX FOUR: ACCESS BY INDIVIDUALS WITH DISABILITIES

APPENDIX FIVE: ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT

SPECIFICATIONS

APPENDIX SIX: NOT APPLICABLE

APPENDIX SEVEN: LIST OF ESI IDS AND SUMMARY OF ELECTRICITY USAGE

CHARACTERISTICS

APPENDIX EIGHT: MANAGEMENT SERVICES TO UNIVERSITY

APPENDIX NINE: PRICING PROPOSAL INVENTORY

APPENDIX TEN: DISCLOSURE OF INTERESTED PARTIES (FORM 1295)

APPENDIX ELEVEN: CONTRACT TERMS AND CONDITIONS

RFP FY2026-RFP-H-00181

SECTION 1

INTRODUCTION

1.1 Description of The University of Texas Aggregation Group

The University of Texas Aggregation Group (collectively, “University”) includes individual University of Texas institutions and institutional facilities listed below:

The University of Texas at Arlington http://www.uta.edu/

The University of Texas at Dallas http://www.utdallas.edu/

The University of Texas of the Permian Basin http://www.utpb.edu/

The University of Texas Southwestern Medical Center http://www.utsouthwestern.edu/

The University of Texas Health Science Center at Tyler http://www.uthct.edu/

The University of Texas at Tyler http://www.uttyler.edu/

The University of Texas at Austin/McDonald Observatory http://www.as.utexas.edu/mcdonald/mcdonald.html

The University of Texas at Austin/Marine Science Center http://www.utmsi.utexas.edu

The University of Texas – Rio Grande Valley http://www.utrgv.edu/

The University of Texas M. D. Anderson Cancer Center http://www.mdanderson.org

The University of Texas Health Science Center at Houston http://www.uthouston.edu

The University of Texas System Education and Research Center at Laredo http://www.uthscsa.edu/

UT Southwestern Moncrief Cancer Center http://www.moncrief.com

The University of Texas Stephen F. Austin scottranda@sfasu.edu

The University of Texas Medical Branch* (“UTMB”) http://www.utmb.edu/

The term “Member” means all UT institutions as well as separate institutional facilities listed in this Section, http://www.uta.edu/ http://www.utdallas.edu/ http://www.utpb.edu/ http://www.utsouthwestern.edu/ http://www.uthct.edu/ http://www.uttyler.edu/ http://www.as.utexas.edu/mcdonald/mcdonald.html http://www.utrgv.edu/ http://www.uthouston.edu/ http://www.uthscsa.edu/ http://www.moncrief.com/ http://www.utmb.edu/

Members are soliciting proposals for a replacement contract for electric service with delivery to commence on the first meter read date for each electric service identifier (“ESI ID”) listed in APPENDIX SEVEN, after the expiration of each Member’s current contract (“Start Date”). For all Members, the current contract expires on the January 2028 Meter Read Date.

University is seeking the following proposals:

Mandatory Proposal that offers electric services to all Members.

Optional Proposal 1 (RECs only): Provide Texas Green-e RECs quotes for incremental annual usage quantities for the defined vintage year periods as specified on the Pricing Template in Exhibit 1 to APPENDIX NINE to this RFP. Price to include Proposer’s payment of all costs for acquisition, registration, and retirement of RECs and any other costs. If Proposer’s product does not meet the requirements to generate “Green-e Certificates”, please describe the RECs product quoted.

Optional Proposal 2 (supply from specific renewable generation projects): Provide mechanism to permit University or any Member to have at least a portion of its supply sourced from one or more specific solar or other renewable generation projects. The response for this requested option is further described in Section 6.4.1 to this RFP.

Optional Proposal 3 (Management Services): Provide mechanisms to permit University or any Member to participate in Demand Response programs or economic dispatch. The response for this requested option is further described in Section Appendix 8 to this RFP.

Note: Proposer must submit a quote for the Mandatory Proposal requested by the RFP but is not obligated to provide a quote for every Optional Proposals requested in this Section 1.1.

1.2 Background

University includes academic institutions, healthcare institutions, and research facilities.

The uninterrupted flow of electricity is essential to University’s operations and critical to the health, safety, and welfare of its students, patients, staff, and research.

Current University’s annual consumption is approximately 1,487,000 MWh each year, APPENDIX SEVEN to this RFP provides a summary matrix reflecting University’s consolidated load, and LOAs (by Member), load and usage information supplied by applicable TDSPs, forecast of consumption changes supplied by Member, and file to index each of these data files to the appropriate Member. Downloadable data files will be provided as Exhibit 1 to Appendix 7 within the questions section of the procurement portal

(reference section 3.2).

University has experience with multi-year aggregation contracts and various pricing structures. All Members are currently under contract BP Energy Retail Company LLC (“BP”), and each Member has its own tailored pricing structure.

Some members have existing and planned on-site generation capacity.

Members may participate in revenue producing and utility savings programs, including ERCOT demand response, economic response, and utility demand reduction programs (ref. Sections 5.2.30.2 of this RFP) during the term of this Agreement.

1.3 Objective

University is soliciting proposals in response to this Request for Proposal for Electric Supply and Related Services, RFP No. FY2026-RFP-H-00181 (this “RFP”), from vendors qualified to supply electricity and related services (collectively, “Services”) to commence upon expiration of each Member’s existing contract. Services include (1) supply of electricity, (2) optional provision of services related to renewable energy credits, (3) optional provision of energy management services or enablement related to participation in demand response, emergency response and related programs, (4) economic response and (5) other related services, all as more particularly described in Section 5 of this RFP.

Subject to Sections 1.4 and 1.5 of APPENDIX ONE to this RFP, University intends to make an award to a single Proposer for the supply of electricity to provide Services to all Members.

1.4 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer based on this RFP. The University of Texas System (“UT System”) is comprised of fifteen institutions described at http://www.utsystem.edu/institutions. Other institutions or institutional facilities within UT System may be included in any contract resulting from this RFP.

For purposes of this RFP, Proposer’s response to this RFP will consider only the ESI IDs referred to in APPENDIX SEVEN to this RFP. The addition of other ESI IDs for UT System institutions or institutional facilities that must be included in Proposer’s response to this RFP will be accomplished through RFP addenda.

UT System institutions routinely evaluate whether a contract resulting from a procurement conducted by one of the institutions might be suitable for use by another, and if so, this could give rise to additional purchase volumes. As a result, in submitting its proposal in response to this RFP, Proposer should consider proposing pricing and other commercial terms that take into account such higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this RFP.

http://www.utsystem.edu/institutions

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals submitted in response to this RFP until 5:00 p.m. Central Prevailing Time on January 30, 2026 (“Submittal Deadline”).

2.2 University Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following University contact (“University Contact”):

John Ihnfeldt The University of Texas Southwestern Medical Center 5323 Harry Hines.

Dallas, TX 75390-9099 214-648-6043 phone

E-Mail: John.Ihnfeldt@UTSouthwestern.edu

University specifically instructs all interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to University Contact. University Contact must receive all questions or concerns no later than December 19, 2025.

University will have a reasonable amount of time to respond to questions or concerns. It is University’s intent to respond to all appropriate questions and concerns; however, University reserves the right to decline to respond to any question or concern.

2.3 Criteria for Selection

The successful Proposer, if any, selected by University in accordance with the requirements and specifications set forth in this RFP will be Proposer that submits a proposal in response to this RFP on or before the Submittal Deadline that is the most advantageous to University. The successful Proposer is referred to as “Contractor.”

Proposer is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) services to University, and (2) total overall value to University.

Proposers should describe all educational, state and local government discounts, as well as any other applicable discounts that may be available to University in a contract for the Services.

mailto:John.Ihnfeldt@UTSouthwestern.edu

Subject to Section 1.5 of APPENDIX ONE to this RFP, an evaluation team from University will evaluate proposals. The evaluation of proposals and the selection of Contractor will be based on the information provided by Proposer in its proposal. University may give consideration to additional information if University deems such information relevant.

The criteria to be considered by University in evaluating proposals and selecting Contractor, will be those factors listed below:

2.3.1 Threshold Criteria Not Scored

2.3.1.1 Ability of University to comply with laws regarding Historically Underutilized

Businesses; and

2.3.1.2 Ability of University to comply with laws regarding purchases from persons with disabilities.

2.3.2 Scored Criteria.

Pass/Fail Weight Criteria

30%

Net cost of energy, including lowest cost and transparency of transaction-able cost components over contract term;

P/F Reputation of Proposer and of Proposer's goods or services;

P/F Quality of Proposer's goods or services;

P/F Extent to which the goods or services meet University's needs;

P/F Proposer's past relationship with University;

25% Financial condition of Proposer;

P/F Qualifications and experience of Proposer and Proposer’s personnel;

15% Proposer’s demonstrated transaction capabilities;

10% Proposer’s customer care approach and performance;

20% Proposer’s exceptions to the terms and conditions set forth in Section 4 of this RFP.

Totals 100%

2.3.2.1 During the evaluation period, Proposers may be asked to submit refreshed pricing multiple times to reflect changing market conditions. After contract terms have been finalized with the Proposers in the competitive range, Proposers will be requested to submit best and final executable pricing based on current market conditions.

2.4 Key Events Schedule

Date

Event

December 2, 2025 Issue RFP

December 12, 2025 Pre-Proposal Conference

December 19, 2025 Deadline for Submitting Written Questions

January 30, 2026 Proposal Submittal Deadline

February 16, 2026 Commence Agreement Negotiations with Proposers in Competitive Range

May 4, 2026 Obtain Best and Final Pricing and Execute Agreement (subject to change by issuance of addendum).

2.5 Historically Underutilized Businesses

2.5.1 All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards.

The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP Contractor subcontracts any of the Services, then Contractor must make a good faith effort to utilize HUBs certified by the Texas Procurement and Support Services Division of the Texas Comptroller of Public Accounts or any successor agency. Proposals that fail to comply with the requirements contained in this Section 2.5 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Proposer acknowledges that if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the Services will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Further, all subcontracting of the Services by Proposer is subject to review by University to ensure compliance with the HUB program.

2.5.2 University has reviewed this RFP in accordance with Title 34, Texas Administrative

Code, Section 20.13 (a), and has determined that subcontracting opportunities are probable under this RFP.

2.5.3 A HUB Subcontracting Plan (“HSP”) is required as part of Proposer’s proposal.

The HSP will be developed and administered in accordance with University’s Policy on Utilization of Historically Underutilized Businesses attached as APPENDIX TWO to this RFP and incorporated for all purposes.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX TWO to this RFP. Proposers that fail to do so will be considered non-responsive to this RFP in accordance with Section 2161.252, Government Code.

Questions regarding the HSP may be directed to:

Contact: Darcel Webb Director Supplier Diversity/HUB

Phone: 214-648-5238 Email: Denise.webb@UTSouthwestern.edu

Contractor will not be permitted to change its HSP unless: (1) Contractor completes a newly modified version of the HSP in accordance with the terms of APPENDIX TWO to this RFP that sets forth all changes requested by Contractor,

(2) Contractor provides University with such a modified version of the HSP, (3) University approves the modified HSP in writing, and (4) all agreements or contractual arrangements resulting from this RFP are amended in writing by University and Contractor to conform to the modified HSP.

2.5.4 In addition to the materials identified in Section 3 of this RFP, Proposer must submit a (1) complete electronic copy to University at the same time it submits its proposal to University (ref. Section 3.2 of this RFP).

2.5.4.1 the RFP No. FY2026-RFP-H-00181(ref. Section 1.3 of this RFP) and the

Submittal Deadline must be referenced on the HSP.

2.5.4.2 the name and the address of Proposer, must be referenced on the HSP.

2.5.4.3 the phrase “HUB Subcontracting Plan”.

A proposal will be considered non-responsive due to material failure to comply with advertised specifications. Furthermore, a Proposer’s failure to submit the HSP that are required by this RFP will result in University’s rejection of the proposal submitted by that Proposer as non-responsive due to material failure to comply with advertised specifications; such a proposal will be returned to Proposer unopened (ref. Section 1.5 of APPENDIX ONE to this RFP).

2.6 Pre-Proposal Conference

The University will hold a virtual pre-proposal conference on December 12, 2025, from 12:00 – 1:00 PM CST. The preproposal conference will allow all Proposers an opportunity to ask University’s representatives relevant questions and clarify provisions of this RFP.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 222 895 896 006 3 Passcode: 9Dw9nZ2R

Dial in by phone +1 469-208-1505,,496639694# United States, Carrollton Find a local number Phone conference ID: 496 639 694# For organizers: Meeting options | Reset dial-in PIN mailto:Denise.webb@UTSouthwestern.edu https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDAxYzRjNDEtYzRiYS00ZWM1LTg1MDQtYWYxNDI2NjAyNTFk%40thread.v2/0?context=%7b%22Tid%22%3a%229d418695-71ac-4c31-b5b2-c196c8ec3c8a%22%2c%22Oid%22%3a%22f7e7bab9-a763-4dd4-b03e-a9b0bbb9a665%22%7d tel:+14692081505,,496639694 https://dialin.teams.microsoft.com/049c0beb-3edd-4346-be11-e51059f57ed9?id=496639694 https://teams.microsoft.com/meetingOptions/?organizerId=f7e7bab9-a763-4dd4-b03e-a9b0bbb9a665&tenantId=9d418695-71ac-4c31-b5b2-c196c8ec3c8a&threadId=19_meeting_ZDAxYzRjNDEtYzRiYS00ZWM1LTg1MDQtYWYxNDI2NjAyNTFk@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

SECTION 3

SUBMISSION OF PROPOSAL

3.1 Number of Copies

Proposer must submit one (1) complete identical electronic copy of its entire proposal as follows:

3.1.1 Electronic Copy. The electronic copy must be contained in a Microsoft Word or PDF file including clear labeling identifying Proposer and RFP No. FY2026-RFP-H-00181.

The electronic copy must include an entire response, including any and all completed pricing templates, in portable document format (“pdf”). The electronic copy must also provide copies of the Excel pricing templates for the Mandatory Proposal and all Optional Proposals that Proposer is submitting in Microsoft Excel 2003 or later format (ref.

APPENDIX NINE to this RFP).

3.2 Submission

Proposals must be received by University on or before the Submittal Deadline (ref.

Section 2.1 of this RFP).

The University uses an internal procurement portal for all competitive procurements.

Please click the following link and then click the Respond Now button to be directed to the full solicitation https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UTSWMC

3.3 Proposal Validity Period

Subject to updated pricing based on market conditions, each proposal must remain valid for University’s acceptance for a minimum of one hundred twenty (120) days after the Submittal Deadline to allow time for evaluation, selection, and any unforeseen delays.

3.4 Terms and Conditions

3.4.1 Proposer must comply with the requirements and specifications contained in this RFP, the Terms and Conditions (ref. Section 4 of this RFP), the Notice to Proposer (ref. Section 2 of this RFP), Proposal Requirements (ref. APPENDIX ONE to this RFP), and the Specifications and Additional Questions (ref. Section 5 of this RFP).

If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

3.4.1.1 Specifications and Additional Questions (ref. Section 5 of this

RFP);

3.4.1.2 Terms and Conditions (ref. Section 4 of this RFP);

3.4.1.3 Proposal Requirements (ref. APPENDIX ONE to this RFP);

3.4.1.4 Notice to Proposers (ref. Section 2 of this RFP).

3.5 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

3.5.1 Cover Letter (ref. Section 5.2.6)

3.5.2 Signed and Completed Execution of Offer (ref. Section 2 of APPENDIX ONE to this RFP)

3.5.3 Signed and Completed Pricing Proposal (ref. Section 6 and APPENDIX NINE to

3.5.4 Responses to Proposer's General Questionnaire (ref. Section 3 of APPENDIX

ONE to this RFP)

3.5.5 Signed and Completed Addenda Checklist (ref. Section 4 of APPENDIX ONE to

3.5.6 Responses to questions and requests for information in the Specifications and Additional Questions Section (ref. Section 5 of this RFP)

3.5.7 Signed and completed originals of the HUB Subcontracting Plan or other applicable documents (ref. Section 2.5 and APPENDIX TWO to this RFP)

3.5.8 Signed and notarized Form 1295 that has previously been submitted to the Texas

Ethics Commission and assigned a “Certificate Number” and “Date Filed” (ref.

APPENDIX TEN to this RFP).

SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General: The terms and conditions contained in APPENDIX ELEVEN to this RFP or, in the sole discretion of University, terms and conditions substantially similar to these terms and conditions will be included in any contract or agreement that results from this RFP (ref. Section

1.4 of APPENDIX ONE to this RFP). If Proposer takes exception to any terms or conditions set forth in APPENDIX ELEVEN, Proposer will submit a list of the exceptions as part of its proposal in accordance with Section 5.2.1 of this RFP. Proposer’s exceptions will be reviewed by University and may result in disqualification of Proposer’s proposal as non-responsive to this RFP.

If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then University may consider Proposer’s exceptions when University evaluates Proposer’s proposal.

As indicated in Section 2.3 of this RFP, the successful Proposer is referred to as “Contractor.”

SECTION 5

SPECIFICATIONS AND ADDITIONAL QUESTIONS

5.1 General: Specifications for the Services to be provided by Proposer, as well as additional questions that require Proposer’s responses, are set forth in this Section 5 and in Section 6. Proposer should review the specifications and indicate in Proposer’s response to this RFP how Proposer will address each specification. Proposer should also review the additional questions in this Section 5 and in Section 6 and provide responses in its proposal.

5.2 Specifications and Additional Questions: Proposer should respond to the following additional questions in its proposal:

5.2.1 Exceptions to Terms and Conditions: If Proposer takes exception to any terms or conditions set forth in Section 4 of this RFP, submit a statement that specifies each additional provision or the deletion of, or change to, each applicable provision of Section 4 of this RFP.

5.2.2 Sample Contract: Provide one (1) printed copy and one (1) unprotected modifiable electronic copy of a sample contract, in Microsoft Word™ format (including all attachments and referenced or related documents). Sample contract may be one that Proposer has used in similar transactions in ERCOT with another University of Texas institution or another state agency. However, Proposer should detail how each requirement of this RFP (including each requirement set out in this Section 5) is addressed in the sample contract. Proposer must provide applicable schedules with monthly benchmark contract quantities that will be used in the application of contract provisions related to usage bandwidth and settlements of monthly price, material change in usage, and meter adds and deletes during the proposed contract term. The schedules of monthly usage must be included as attachments to any Agreement resulting from this RFP.

5.2.3 Information: Provide the name, title, telephone and fax numbers, email address, and mailing address of the individual(s) University may contact regarding Proposer’s proposal.

5.2.4 Access by Individuals with Disabilities: Indicate whether Proposer will agree to include in the Agreement the “Access by Individuals with Disabilities” language set forth in APPENDIX FOUR to this RFP, Access by Individuals with Disabilities.

If Proposer objects to the inclusion of the “Access by Individuals with Disabilities” language in this Agreement, Proposer must, as part of its proposal, specifically identify and describe in detail all of the reasons for Proposer’s objection. NOTE: A

GENERAL OBJECTION IS NOT AN ACCEPTABLE RESPONSE TO THIS

QUESTION.

5.2.5 Electronic and Information Resources Environment Specifications: Respond to each item listed in APPENDIX FIVE to this RFP, Electronic and Information Resources (“EIR”) Environment Specifications. APPENDIX FIVE will establish specifications, representations, warranties, and agreements related to the EIR that Proposer is offering to provide to University. Responses to APPENDIX FIVE to this RFP will be incorporated into this Agreement and will be binding on Contractor.

5.2.5.1 Pursuant to UTS165, “Information Resources” means any and all computer printouts, online display devices, mass storage media, and all computer-related activities involving any device capable of receiving email, browsing Web sites, or otherwise capable of receiving, storing, managing, or transmitting Data including, but not limited to, mainframes, servers, Network Infrastructure, personal computers, notebook computers, hand-held computers, personal digital assistant (PDA), pagers, distributed processing systems, network attached and computer controlled medical and laboratory equipment (i.e. embedded technology), telecommunication resources, network environments, telephones, fax machines, printers, and service bureaus. Additionally, it is the procedures, equipment, facilities, software, and Data that are designed, built, operated, and maintained to create, collect, record, process, store, retrieve, display, and transmit information.

5.2.5.2 Pursuant to UTS165, “Data” means recorded data (regardless of form or media in which it may be recorded), which constitute the original data necessary to support the business of UT System or original observations and methods of a study, and the analyses of such original data, that are necessary to support research activities and validate research findings.

Data includes, but is not limited to: printed records, observations and notes;

electronic data; video and audio records, photographs and negatives:

5.2.6 Cover Letter: Include in the proposal a cover letter, not to exceed two (2) pages in length, that summarizes core benefits and key points of the proposal.

5.2.7 Experience: Summarize Proposer’s experience in (a) retail power sales, marketing or brokering in ERCOT, especially with or through the utilities directly interconnected with the University’s loads, and (b) retail sales and marketing experience in areas outside of ERCOT.

5.2.8 Demonstrated Transaction Capabilities: Provide history of gas locks, as used with the heat rate structure, over the past three (3) years as evidence of performance capabilities. Additionally describe the transaction process for executing gas price locks.

Gas Price Lock Transparency and Cost Optimization:

5.2.8.1 The cost of carry for feedstock positions (natural gas) is a material piece of procurement cost. Recent history has emphasized the need to bring transparency in order to establish reasonable expectations. Describe how Proposer will address this issue. For example: natural gas locks are executable within a reasonable range of bid/offer of NYMEX pricing; no premium will be charged/added on; third party purchase provision; etc.

5.2.8.2 Also indicate whether or how Proposer will minimize the offer to fair market spread in forward gas price lock opportunities. For example: Price cap set at the screen price at the NYMEX Gas Ask +$TBD/MMBtu; or Proposer may own or control gas supplies that could enable Proposer to provide forward price lock opportunities without the cost of counterparty hedging with one or more third party market-makers.

5.2.9 Qualified Scheduling Entity (QSE) Qualification Level: Indicate the level of

QSE qualification (in accordance with ERCOT’s classification system) and provide documentation of the QSE’s experience and track record in Texas since market opening.

5.2.9.1 QSE Evidence of Registration and Confirmation of Services Provided:

Provide evidence that Proposer is a registered QSE in good standing with ERCOT and is able to submit offers to sell and/or bids to buy energy in the Day-Ahead Market and the Real-Time Market.

Proposer will procure Ancillary Services (see current definition in ERCOT Glossary, http://www.ercot.com/glossary) as needed to serve University’s load. Proposer must also settle financially with ERCOT and, upon request, provide a current approved ERCOT registration for QSE services. Proposer will provide net metering billing in the event that University generates power in excess of its demand requirements and chooses to transfer power to the ERCOT grid.

Include specific description (with details or a case study) of Proposer’s experience performing QSE functions for a project with generation capacity similar to University’s capacity.

Describe dispatch model and SCADA (see current definition in ERCOT Glossary, http://www.ercot.com/glossary).

Describe or give examples of Proposer’s performance benchmarking and reporting.

5.2.10 PUCT/ERCOT Registration: Provide evidence that Proposer is registered with the PUCT as a Retail Electric Provider pursuant to Substantive Rule § 25.107, and is registered with ERCOT as a load serving entity in accordance with ERCOT Protocols.

5.2.11 Corporate Structure: Provide a complete corporate structure description and diagram (including all parent, subsidiary, and affiliate relationships), and a comprehensive description of the ownership and the nature of the business conducted by each entity. Specifically indicate all foreign ownership.

5.2.12 Entity Structure: Provide an explanation of the financial relationship between

Proposer, Proposer’s parent company and the entity that will act as guarantor of Proposer’s obligations under this Agreement.

5.2.13 Financial Statements: Provide a copy of financial and operating reports to include, as applicable, Annual Report to Stockholders, SEC 10-K Report, FERC Form 1 Report, or equivalent information concerning financial condition, generation resources, purchases and sales of power.

5.2.14 Bond Rating: Provide Proposer’s Dun & Bradstreet (D&B) report and bond rating

(Moody’s and Standard & Poor’s). If Proposer does not have a bond rating, then provide (D&B) report and the bond rating of (a) any entity that will guarantee Proposer’s performance under this Agreement, and (b) Proposer’s parent company if the guarantor is not Proposer’s parent company.

5.2.15 Credit Assurance: Indicate whether Proposer’s parent company will provide a firm pledge (either through credit support or working capital commitment) to secure this Agreement. If not, demonstrate how Proposer will provide the necessary working capital, including lines of credit, to secure this Agreement. Additionally, describe the assurances and financial guarantees Proposer will provide that will keep University financially whole if any of University’s ESI IDs incur charges from their existing supplier or are dropped either to the affiliated REP or to the POLR as a result of Proposer’s failure to timely switch all University ESI IDs.

5.2.16 University’s Payment Terms and Prompt Payment Discount: University’s standard payment terms for services are “net 30 days.” Indicate the prompt payment discount that Proposer will provide to University for earlier payment terms: ______%, _______ days/net 30 days.

5.2.17 Settlements: Define the exact meaning of any references in contract terms to

“prevailing market index” or “spot market price” (e.g., NYMEX Henry Hub Natural Gas) and the specific metrics (e.g., by settlement interval, monthly average, monthly on-peak and off-peak average).

5.2.18 Electronic Access to Billing and Usage Data: Describe the capabilities of

Proposer’s systems or tools that will allow University electronic access to billing and usage information.

5.2.19 Billing: Identify the entity that Proposer will use to prepare and render billing information and provide a description and documentation regarding that entity’s experience and track record in Texas since market opening.

5.2.20 Summary Billing: Indicate whether Proposer will provide summary billing as indicated on each pricing structure specified in Exhibit 1 to APPENDIX NINE to this RFP. Provide examples of summary bills.

5.2.21 Reliable Delivery Services: University requires a reliable high-quality supply of electricity. Its facilities are sensitive to voltage and frequency excursions and other electrical disturbances. Physical interruptions, voltage sags, harmonics, and other wave distortions have substantial adverse economic impact on University.

Successful Proposer must work with each Member’s designated representatives and transmission/distribution service provider (“TDSP”) to minimize service disruptions, coordinate planned outages, and provide timely responses to inquiries about system conditions on a 24 hours per day, 7 days per week, 365/366 days per year basis. Describe a specific plan to address University’s needs for reliable delivery services, including protocols for reporting outages to the TDSP, restoring power following an outage, arranging for meter removals and/or meter installations in conjunction with construction services, resolving billing disputes, and other reliability issues. Provide evidence demonstrating that Proposer has established good working relationships with all TDSPs serving University.

5.2.22 Customer Service: Indicate whether Proposer will provide 24 hours per day, 7 days per week, 365/366 days per year access to customer service representatives in accordance with Section 1.2 of this RFP and Sections 45 and 46 of APPENDIX ELEVEN to this RFP.

5.2.23 Timely Service: Provide evidence of (1) a demonstrated track record of providing timely service during switching, rendering bills, responding to billing inquiries and power outages, and (2) tools that will allow University electronic access to current and past bills, usage data, and interval data for individual ESI IDs and for aggregate selected ESI IDs.

5.2.24 Financial Responsibility: Confirm that Proposer will take financial responsibility for failing to schedule sufficient power to meet University’s needs during the term of the Agreement.

5.2.25 Damages Associated with Switch to POLR: Confirm that, if any University ESI

IDs are switched to the Provider of Last Resort (“POLR”) for any reason other than non-payment by University, Proposer will compensate University for all resulting damages.

5.2.26 Switching: Describe how Proposer plans to ensure that all University ESI IDs will be timely switched on the first meter reading date following expiration of each Member’s current contract.

5.2.27 Disconnection: Confirm that Proposer will not request the TDSP to disconnect any of University’s ESI IDs for any reason except non-payment, and then not without (a) providing at least thirty (30) days advanced written and electronic notice to the University, and (b) complying with all other PUCT rules on disconnection.

5.2.28 Residential ESI IDs: Proposer should indicate whether Proposer is authorized under applicable laws to service residential ESI IDs, whether Proposer will permit University to include residential ESI IDs under this Agreement, and whether Proposer will assess any charges or costs in connection with including residential ESI IDs under this Agreement.

5.2.29 Customer Protection Rules for Retail Electric Service: Indicate whether

Proposer will require University to waive the terms and provisions of the Customer Protection Rules for Retail Electric Service as amended, or as may be amended in the future, beginning with Section 25.471 of the PUCT’s Substantive Rules Applicable to Electric Service Providers. Indicate if Proposer is willing to make exceptions for residential ESI IDs.

5.2.30 Self-Generation: University will be allowed to self-generate electricity to its facilities: (i) during Force Majeure occurrences or at any time due to the failure of the supply of electricity from Proposer or the TDSP; (ii) at any time for periodic testing of self-generation equipment; (iii) during events or periods used by the TDSP to measure future billed demand (4 Coincidental Peak or its equivalent); (iv) during events or periods expected to result in economically advantageous Real Time Settlement Point Prices; or (v) to participate in demand response programs, such as Emergency Response Service, TDSP sponsored demand reduction programs, and others at the Customer Locations; provided that (a) University notifies Proposer of its participation levels and time periods for demand response accepted bids, and (b) self-generation that is synchronously connected to the TDSP must first fully displace load at the corresponding Customer Location(s) before exporting to the TDSP or ISO.

5.2.30.1 Self-Generation with Export. Members may desire to self-generate electricity to supply facilities and to export excess capacity to the ERCOT grid. Proposer must indicate whether Members will receive net payment for energy not taken that is settled at its Settlement Point Price (“SPP”) (i.e.

valued at net price equal to real time SPP minus contract price), and to receive payment for energy exported into the grid that is settled at SPP (i.e.

valued at real time SPP).

5.2.30.2 Demand Response Programs. All Members may participate in revenue producing and utility savings programs, including ERCOT demand response, economic response, and utility demand reduction programs during the term of the Agreement. Confirm that Proposer will permit each Member to participate in these programs without restriction.

5.2.31 Charges after Agreement Executed: Confirm that Proposer will not charge

University any new charges that are not in existence on the execution date of this Agreement or pass through to University any other charges, except for regulated pass through charges or charges resulting from changes in applicable law.

SECTION 6

PRICING

APPENDIX NINE to this RFP contains Pricing Proposal information. Proposer must complete the chart on APPENDIX NINE to indicate which proposals that Proposer will submit. Then, Proposer must use the Excel templates attached to APPENDIX NINE to provide quotes for the Mandatory Proposal and any Optional Proposals that Proposer will submit.

Note: Proposer must submit a quote for the Mandatory Proposal requested by the RFP, but is not obligated to provide a quote for every Optional Proposals requested in this RFP (ref. Section 1.1 of this RFP).

Proposer should respond to additional questions listed below in its proposal:

6.1 Basis for Pricing: All pricing should be based on University’s usage and forecast information provided in APPENDIX SEVEN to this RFP. APPENDIX SEVEN to this RFP includes summary information including aggregate historical usage, ERCOT zone, and applicable TDSP. Exhibit 1 to APPENDIX SEVEN includes an index file connecting the data files to each Member, and for each Member separate files for TDSP-supplied load and usage history and for estimated additions, deletions, and material consumption changes based upon Member resource planning. These files are part of this RFP No.

FY2026-RFP-H-00181 posted on the Electronic State Business Daily (“ESBD”), located at http://esbd.cpa.state.tx.us/, and must be downloaded separately.

6.2 Agreement Term: University desires proposals that would provide for Agreement terms between a minimum of 1 year and a maximum of 20 years. The University will consider Block and Index, or Load-following structures during the term.

Provide price proposals for different structures and lengths of term ending on common expiration dates, all of which are detailed in separate spreadsheet tabs in the Pricing Template. Term lengths will be defined by a January 2028 Meter Read Date and a common expiration date falling on the August Meter Read Date of the year of termination (“Expiration Date”). The Expiration Date will match the University’s end of its Fiscal Year.

6.3 Price Structure: Complete Exhibit 1 to APPENDIX NINE to this RFP, which is an Excel template that includes one (1) Tab for each indicative term length (“Pricing Template”).

University will use pricing proposals both for initial bid evaluation and for strategic planning purposes. University reserves the right to select a combination of pricing structures and term lengths different from those on this Pricing Template, but for a combined term no longer than the longest term indicated on the template, in its final selection and contracting process. The Pricing Template lists those charges and fees that should be (1) included in Proposer’s price of energy, or (2) passed through to University at cost. Proposer should indicate on the Pricing Template any exceptions to the specifications regarding inclusion or exclusion of charges and fees in the price of energy. Also, provide where indicated on the Pricing Template any standing monthly charges that will apply. Complete the appropriate portion of Exhibit 1 to APPENDIX NINE to this RFP for each Agreement term that Proposer intends to quote.

6.3.1 Fixed Price – Load-following: For each Agreement term that Proposer is willing to offer for load-following fixed energy price, quote pricing on the Pricing Template in Exhibit 1 to APPENDIX NINE to this RFP for +/-25%, and unlimited bandwidths for aggregate usage. If Proposer is willing to offer one or more terms beyond 2037, please complete as appropriate. Where “index” appears in the template and herein, it means the applicable ERCOT real time settlement price. In the event that Proposer offers block and index in this manner, the provisions of Section 6.3.4 must apply.

6.3.2 Heat Rate – Load-following: For each Agreement term that Proposer is willing to offer load-following blended heat rates with blended retail adders, quote pricing on the Pricing Template in Exhibit 1 to APPENDIX NINE to this RFP for +/-25%, and unlimited bandwidths for aggregate usage. If Proposer is willing to offer one or more terms beyond 2037, please complete as appropriate. Where “index” appears in the template and herein, it means the applicable ERCOT real time settlement price. In the event that Proposer offers block and index in this manner, the provisions of Section 6.3.4 must apply.

6.3.3 Block and Index: For each Agreement term, quote block and index pricing on the

Pricing Template in Exhibit 1 to APPENDIX NINE to this RFP for University members and for. If Proposer is willing to offer one or more terms beyond 2037, please complete as appropriate. Where “index” appears in the template and herein, it means the applicable ERCOT real time SPP. In the event that Proposer offers block and index in this manner, the provisions of Section 6.3.4 must apply.

6.3.4 Special Block and Index Provisions: In the event that Proposer provides a block and index price structure as described earlier in this section, Proposer must specify the following:

6.3.4.1 Price transparency and market competitiveness for locking future pricing components must be assured (e.g. ability to sleeve block purchases through Third Party supply). Explain any limitations that may be placed on the type of shaped blocks that an individual Member may obtain in the future. Proposer is to provide brief summary on how this will work, how it will be assured, and the specific contract language that will enable this.

6.3.4.2 The ability to convert future shaped block structures into 100% load-following fixed price or load-following heat rate structures (e.g. define monthly electricity price cost percentages to calculate volumetric swing premium), and the assurance that market competitiveness will be maintained. Proposer is to provide brief summary on how this will work, how it will be assured, and the specific contract language that will enable this.

6.3.5 Price Quotes: Proposer should base all quotes on the January 29, 2026 close of business day curves.

6.3.6 Bandwidth Tolerance: Proposal should use the aggregation usage to price volumetric swing and calculate monthly settlement for this Agreement. These provisions should be easy to monitor and should not subject University to significant volumetric and peak demand risk caused by variability in monthly usage.

6.3.6.1 Bandwidth Tolerance – ERCOT-wide: Quote pricing for bandwidth tolerances based on an ERCOT-wide bandwidth tolerance covering usage fluctuations of all Members.

6.3.6.2 Bandwidth Tolerance – with and without UTMB: Quote pricing for bandwidth tolerances based on the aggregation both with and without UTMB included.

6.3.6.3 Settlement of Costs for Usage Outside of Bandwidth Tolerance:

Provide the contract provision for the settlement calculation of costs and credits related to monthly energy consumption outside the bandwidth. No liquidation or settlement charges will be applied to monthly usage within the Bandwidth Tolerance.

6.4 Renewable Energy Credit (“REC”): Provide Texas REC quotes for incremental annual usage quantities for the defined vintage year periods as specified on the Pricing Template in Exhibit 1 to APPENDIX NINE to this RFP. Price to include Proposer’s payment of all costs for acquisition, registration, and retirement of RECs and any other costs. Please describe the RECs product quoted.

6.4.1 University might be interested in purchasing power directly from specific renewable generators potentially including, but not limited to, future solar and/or wind generators that may be located on University lands. If Proposer is able to source wholesale renewable energy from generators directed by the University to serve some or all University’s usage, please explain how energy would be sourced, scheduled, delivered, and how payment would be made to the renewable generator so that RECs can be matched to such renewable generator.

6.5 Addition and Deletion of ESI IDs: Proposal should allow each Member to add or delete

ESI IDs during the proposed agreement term without cost or penalty, if the cumulative net impact of all additions and deletions to date results in neither an increase nor decrease of greater than +/-5% to the aggregation’s benchmark usage. For purposes of determining the effective increase (or decrease) of an addition (or deletion) under this provision, the forecast average monthly usage of such addition (or deletion) will be compared against the monthly contract benchmark usage for the aggregation averaged over the remainder of the contract. Specify the difference, if any, in the price if the term “aggregation” as used in this Section applies ERCOT-wide or at the load zone level. Indicate the price impact of this add/delete tolerance.

6.5.1 Indicate the price impacts if the add/delete tolerance is increased to +/-10%.

6.5.2 If Proposer’s proposal does not conform with this request, please specify the procedure for calculating costs to add or delete ESI IDs.

6.6 Material Change in Usage: Proposal should allow each Member to increase or decrease consumption during the proposed agreement term without cost or penalty, if the net increase (or net decrease) of all increases and decreases is in excess of +/-25% against the aggregation’s benchmark usage. For purposes of determining the effective increase (or decrease) under this provision, the actual aggregate monthly usage of the net increase/decrease will be compared against the monthly contract benchmark usage for the aggregation. Specify the difference, if any, in Proposer’s price of electricity if the net increase/decrease is greater than 25% after two consecutive months. The add/delete net usage should be considered part of the monthly contract benchmark usage for the University of Texas aggregation group.

6.6.1 Describe the procedures for accommodating permanent growth or reduction in load from existing ESI IDs, including notice requirements for changing loads or capacity maximums or minimums. Describe the threshold change that would trigger the material change provisions, provide a detailed explanation of how a material change in usage is determined, and how any settlement or liquidation cost would be determined if material change provisions are triggered. Provide a detailed example showing the application of settlement or liquidation costs.

6.7 Alternate Pricing Structures: In addition to University-specified pricing structures, Proposer may offer alternative pricing structures that Proposer believes may provide University greater benefit than structures specified by University.

APPENDIX ONE

RFP NO. FY2026-RFP-H-00181

PROPOSAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION 2 of 11

SECTION 2: EXECUTION OF OFFER 6 of 11

SECTION 3: PROPOSER'S GENERAL QUESTIONNAIRE 9 of 11

SECTION 4 : ADDENDA CHECKLIST 11 of 11

SECTION 1 OF APPENDIX ONE

GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Proposers having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by University.

By submitting a proposal, Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the services to be performed, the detailed requirements of the services to be provided, and the conditions under which such services are to be performed. Proposer also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of Proposer.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT

A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by…