ESBD_File_334521_23-64 RFP Retail Electric Provider Services.pdf

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Retail Electric Provider Services
Solicitation number
RFP23-64
Issued by
Harris County, Houston City, Texas

About this file

This document is a Request for Proposal (RFP) issued by the Houston Community College System (HCC) for Retail Electric Provider Services. HCC seeks proposals from qualified Retail Electric Providers (REPs) to supply electricity services to HCC's facilities. The REP selected will provide the scope of services in accordance with all applicable laws, regulations, and professional standards. The contract term is not to exceed 120 months (10 years), with HCC reserving the right to extend or blend and extend the term. Proposals are due by September 25, 2023 at 2:00 PM local time and must be submitted through HCC's online procurement portal.

The RFP outlines specific requirements and qualifications for the REP, including financial capability, retail experience in the Texas market, invoicing and payment options, online portal capabilities, customer service, and responsiveness to HCC's needs. Pricing will be evaluated in a two-step process, with the highest-ranked proposers based on non-price criteria then invited to submit pricing proposals. HCC reserves the right to award the contract to the proposer that offers the best value, taking into consideration price and other factors.

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HOUSTON COMMUNITY COLLEGE SYSTEM

REQUEST FOR PROPOSAL (SERVICES) – 2-STEP PROCESS

Retail Electric Provider Services

RFP NO.: 23-64

ISSUED BY:

Procurement Operations Department

FOR:

Facilities Department

PROCUREMENT OFFICER:

Yasmeen Hasan - Sr. Buyer Telephone: (713) 718-7604 eMail: yasmeen.hasan.@hccs.edu

PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW

NO LATER THAN:

September 25, 2023, by 2:00 p.m. (local time)

SUBMIT PROPOSAL PACKET IN THE:

HCC BID Portal:

Houston Community College (bonfirehub.com) https://hccs.bonfirehub.com/portal/?tab=login

TABLE OF CONTENTS

Section Headings Page Number Section 1 – Project Overview & Scope of Services 3 Section 2 – Proposal Evaluations 8 Section 3 – Instructions to Proposers 11 Section 4 – General Information 15 Section 5 – Required Attachments 22

Attachment Number Attachment Title Attachment No. 1 Contract Award Form Attachment No. 2 NOT APPLICABLE Determination of Good Faith Effort Form Attachment No. 3 NOT APPLICABLE Small Business Unavailability Certificate Attachment No. 4 NOT APPLICABLE Contractor & Subcontractor Participation Form Attachment No. 5 Proposer’s Certifications Attachment No. 6 Conflict of Interest Questionnaire Attachment No. 7 Financial Interests and Potential Conflicts of

Interests

NOTE: All noted Attachments are to be completed and submitted with Proposal, Attachments 1, 5 and 7 must be signed and notarized.

SOLICITATION SCHEDULE

The following is the anticipated solicitation schedule including a brief description for milestone dates:

Solicitation Milestone Date & Time RFP released and posted to HCC’s & ESBD’s websites August 23, 2023 Pre-Proposal Meeting Not Applicable Deadline to receive written question/inquiries September 04, 2023 Responses to written questions/inquiries (estimated) September 08,2023 Proposal Submittal Due Date September 25, 2023, by 2:00 pm CDT Board Report October 2023

NOTE: Houston Community College reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP and posted on Procurement Operations web site for your convenience.

STATEMENT OF PROBABILITY: The College has determined that subcontracting opportunities and small business participation ARE NOT probable in connection with this procurement solicitation.

Section 1 – Project Overview & Scope of Services

1. Project Overview The Houston Community College, (“HCC” or the “College”) seeks proposals from qualified suppliers, Retail Electric Providers (REP), for the supply of electricity services in accordance with the scope of services noted below. The successful proposer will provide the scope of services in accordance with all applicable laws, regulations, and professional standards.

The Retail Electric Provider shall be experienced and fully capable and committed to the Texas electricity market licensed or lawfully enabled to supply electricity services.

HCC seeks a REP prepared to meet all requirements herein and to work cooperatively with the College to provide a reliable supply of electricity, comply with all price and other terms of the Electricity Service Agreement (“ESA”), provide complete, accurate, and understandable invoices, and provide a high level of customer service throughout the term of the ESA. REP’s submitting proposals will be required to demonstrate their ability to meet these objectives.

HCC has retained Tradition Energy as its consultant to assist with the College procurement of electricity as further described herein.

1.1 Contract Term

The contract term for contract(s) awarded resulting from this solicitation, if any, depends on the pricing structure determined to be in the College’s best interest, not to exceed 120 months (10) years. Further, HCC reserves the right to extend, or blend and extend, any awarded contract term up to the full 120 months (10) years for which HCC obtained competitive pricing, provided the pricing during an extended or blended or extended option does not exceed the pricing originally submitted by the proposer for those corresponding contract years.

2. Scope of Services

Proposals for the supply of electricity are to be based on supplying 100% of the electric capacity and energy requirements for each HCC facility, except as otherwise specifically noted herein. The delivery points for electricity shall be the respective electric meters at each of the facilities agreed on by HCC and any other means that HCC may initiate, acquire, activate, or add while being served by the winning supplier, and which list may be specified, supplemented, or amended by HCC in HCC’s sole discretion.

A list of HCC’s meters (“Meter List”) is available to licensed (or lawfully enabled) retail electricity providers in the College’s sole discretion, upon written request made to the HCC Procurement Operations Department. Submission of prices is not required during the qualification phase of this RFP. Those respondents that pass the qualification phase will then be invited to submit prices.

HCC seeks an experienced, financially strong, fully capable REP committed to supplying retail electricity services to its facilities. Proposers should provide supporting documentation to demonstrate these qualities, including but not limited to the following information:

a) description of the entity that will be supplying the electricity, including a list of all offices, whether or not such offices are located in Texas, and contact details;

b) a description of the ownership structure of the entity that will be supplying the electricity and any affiliates doing business in Texas;

c) Public Utility Commission of Texas (“PUCT”) REP Certification Number and the date of certification (or, if applicable, other documentation of legal ability to provide retail electricity to Houston Community College);

d) evidence of financial capability to provide electricity service (which may be based on, e.g., credit grade information provided, or based on publicly available financial documents made available or cross-referenced in an REP’s response-package);

e) summary of retail experience in the Texas market, including a summary of current customer base and electricity load being served;

f) description of invoicing and payment options and the specific option(s) offered to the College, including the name of the billing provider and the name and contact details of a billing provider representative that may be contacted if billing is outsourced;

g) description of on-line portal capabilities that would be available to HCC to allow them to view and download historical usage and invoicing for each meter;

h) sample invoice(s) and on-line portal data;

i) proposed ESA (electric service agreement) in WORD version (e.g., on a USB flash drive), which must also include ALL attachments, exhibits, and cover sheets (compliance with this subsection is very important);

j) at least five (5) references of current customers of similar size and meter count that may be contacted, preferably customers that are either an Education institution, city, other type of political subdivision, or state or federal agency;

k) Provide details of the level of customer care that will be provided, including names, e-mail addresses, and phone numbers available to the College.

l) Provide information on any complaints filed with the PUCT in the past 24 months against your company, how many of such complaints were filed, and how they were resolved.

HCC reserves the right to request, among any other information that HCC may find relevant to ensure an REP meets the requirements set forth herein, up to three (3) years of REP Annual Reports filed with the PUCT, which information contained in such Annual Reports (and any other information requested by HCC) may be used as additional qualification criteria.

2.1 Electricity Billing, Payment, and Customer Service

Invoices for service shall contain, at a minimum for each meter, the monthly usage, monthly peak demand (if available), rates and charges for electricity, rates, and charges for each TDSP charge, and rates and charges for the PUCT Assessment and GRT (if applicable), for each meter. Any additional charges shall be clearly described and justified. A sample invoice must be included with the RFP submission.

Invoices for service shall also be available electronically (via e-mail), and the College must be provided with the capability to view and download the specific usage and billing history data used to generate such invoices, including but not limited to the specific rates and charges for electricity, power factor information and rates and charges for each TDSP charge, and charges for, if applicable, PUCT Assessment and GRT (by meter) via an on-line database or other appropriate electronic process.

The College prefers a summary consolidated invoice for electricity issued once monthly at a mutually agreeable time of month and documented in the ESA.

HCC will consider alternate proposals for other invoicing arrangements that would result in consolidated billing (e.g., one or more invoices per month that include billing for multiple meters including a district-wide summary).

Additional Important Invoicing Requirements: The selected REP shall be willing and able and contractually obligated to provide each month: (1) a consolidated invoice for all HCC meters, (2) a searchable PDF copy of the consolidated invoice, and (3) an Excel/CVS file report summarizing the invoice by meter with the key information (kWh, peak KVA, energy cost, TDSP cost, etc.).

HCC will consider alternate proposals for other invoicing arrangements. Invoices shall be due and payable no earlier than thirty (30) days from the date of issuance by the REP (please note that, as a governmental entity, the College should have at least 30 days to make payments pursuant to state law). However, the College is specifically interested in and receptive to proposals for early payment discounts to the extent early payment discounts are permitted by law.

The selected REP shall provide the name and direct contact information for a customer service representative assigned to address HCC’s questions or issues with electricity service or billing at all times during the term of the ESA. Upon notice to the College and TRADITION ENERGY of any such changes in writing, including via e-mail, the selected REP may change the customer service representative from time to time to the extent agreed on by HCC and the REP.

2.2 Electricity Pricing

In the pricing phase of the RFP, suppliers will work directly with Tradition Energy going through multiple rounds of pricing. Elements that will be addressed in the pricing phase included, but are not limited to:

a. Electricity Usage

b. Term

c. Bandwidth

d. Add and Delete Provisions

e. Material Adverse Change Language

f. Early Termination

g. Ancillary Costs

h. Congestion Costs

i. Value Added Services

2.3 Electricity Services Agreement (ESA)

Proposers should submit a proposed form of ESA that is specifically applicable to doing business with political subdivisions and educational institutions.

BALANCE OF PAGE INTENTIONALLY LEFT BLANK.

Proposals Submission Instructions

HCC prefers that all responses be submitted electronically using the (Bonfire (Euna Solutions) eProcurement system. HCC uses Bonfire, an online E-bidding and procurement software platform for supplier registration, solicitation notification, electronic bid submission and contract management.

HCC issues solicitations through Bonfire and the supplier registration portal is open and available for vendors to register for bid notifications.

• Registration: To register and use the Bonfire bidding portal, the supplier may:

o Need help registering? If a supplier has questions about how to start the registration process, please review the five-minute training video

• Bonfire Supplier Support: For support using the platform, access the online knowledge base, search the FAQ, or contact the Bonfire support team at support@gobonfire.com or 1-800-354-8010.

The following are some important notes about Bonfire:

a) Official versions of HCC’s solicitation, associated documents and any updates are available through Bonfire;

b) Questions are only accepted through Bonfire before the deadline as noted in the Solicitation Schedule. Associated answers will be posted in Bonfire;

c) Logging in and/or uploading files(s) does not mean that the response is submitted;

Proposers must successfully upload the required files(s), submit all required information including forms and attachments and click the submit button before Closing Date and Time;

d) Proposers will receive an email confirmation receipt with a unique confirmation number once Proposers finalize their submission. This will confirm that Proposers have successfully submitted their response;

e) If an item in Requested Information is designated as Required, Proposers will not be able to complete their submission until the requirement is met;

f) Uploading large documents may take significant time depending on the size of the file(s) and Proposer’s internet connection speed;

g) Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please Do Not embed any documents within the uploaded files as they will not be accessible or evaluated;

h) Minimum system requirements for uploading files(s): Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled;

i) If Proposers need technical assistance with using Bonfire, you may contact Bonfire directly at Support@GoBonfire.com or 1.800.654.8010 x2;

j) Please note that all inquiries related to the actual solicitation contents and any clarifications must be submitted to HCC though the Opportunity Q&A feature in Bonfire; and

k) By submitting a Proposal in Bonfire, Proposer acknowledges and accepts all addenda, questions and answers posted by HCC in Bonfire;

https://vendorsupport.gobonfire.com/hc/en-us/articles/6796500613655-Vendor-Registration-and-Submission-VIDEO-https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fsupport.gobonfire.com%2fhc%2fen-us&c=E,1,BJATYpPtdqYSoNMi5IwKEm4lyguXELYUNQZXVfLb7Dgx6ZCdzAQmaF2s9oJ4uDdUOjNGCjgpnZL86JHoTS0lhHrxL88FvRpuK1AKvacF4yzoJZ0byEtXOU_9&typo=1 https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fsupport.gobonfire.com%2f&c=E,1,HenQsGBAsMLpYjIhXdko1DK2-z9ZvzBIu9exQ_6TnSVxll58xwD9uF2LQySYCEhb8G0Qs8ll2f8SFC0kuIwK0vIZ0T0M53PXw5iGBkRS8utBIscCbmwIsQ,,&typo=1 mailto:support@gobonfire.com

Proposers shall meet the following minimum requirements to be considered for evaluation:

a) The proposer shall complete the appropriate Pricing documents found in Bonfire based on goods and/or services offered. The proposer shall submit a fee schedule for any fees not already listed on the line items.

b) The proposer shall submit all Requested Information in Bonfire and shall submit the Form CIQ (Conflict of Interest Questionnaire) regardless if conflicts exist. By submitting a Proposal, with a completed Form CIQ, Proposer certifies compliance with the requirements therein.

c) HCC reserves the right to request additional information as it deems necessary.

d) It is incumbent upon the Proposer to review the solicitation in whole and particularly the evaluation categories and provide any other information that it deems relevant for HCC’s consideration of their Proposal.

Section 2 – Proposal Evaluations

1. Evaluation Criteria

Step 1 - The scoring of proposals for this RFP will occur in two (2) steps.

During Step 1, an Evaluation Committee (“Committee”) will review all proposals to determine which proposers have qualified for consideration according to the criteria stated herein. The Committee’s evaluations will be based on all available information, including qualification statements, subsequent interviews, if necessary, reports, discussions, reference checks, and other appropriate checks. The highest rated proposer(s) evaluated by the Committee may be invited to make an oral presentation of their written proposal to the Committee.

Proposals will be evaluated using the following criteria:

Evaluation Criteria Available Points

Firm’s Qualification and Experience

Acceptability of Contract Terms and Conditions; Invoicing & Payment Options; Online Portal Capabilities

Past Performance & References

Demonstrated Financial Resources and Solvency (Vendor financially solvent, good legal standing, able to meet insurance requirements)

Pass or Fail

Responsiveness to Requirements (Vendor submitted all required components of the solicitation response such that HCC is able to evaluate the vendor in all non-price scoring categories and can verify vendor’s compliance with applicable law, policies and certifications)

Pass or Fail

Total Points 100

STATEMENT OF PROBABILITY: The College has determined that subcontracting opportunities and small business participation are not probable in connection with this procurement solicitation.

Step 2 Following the evaluation, scoring and ranking of all proposers based on the weighted factors above (Step 1), proposers earning a minimum of 80 points, and who are deemed otherwise responsible and eligible (see below), will enter the pricing phase (Step 2).

During this Step 2, all proposers scoring a minimum of 80 points during Step 1 will be re-ranked, in the order of lowest price to highest price, giving price a weight of 100% at this phase for all qualifying proposers. All remaining proposers who did not receive a minimum of 80 points in Step 1 will remain in their same ranking position resulting from Step 1, and their price proposals will have no weight in Step 2.

In the event HCC determines, in its sole discretion, that an insufficient number of firms received a minimum of 80 points in Step 1, such that there will not be adequate price competition among qualified firms in Step 2, HCC reserves the right to select up to three (3) of the top scoring proposers from Step 1 to move on to Step 2, even if such firms scored less than 80 points in Step 1. HCC may, however, refuse to select a second or third firm to move on to a Step 2 price evaluation if there is a greater than 10% spread (as calculated by the higher score minus the lower score, divided by the lower score) between a firm and the next highest-ranked firm.

2. Eligibility for Award In order for a proposer to be eligible to be awarded the contract, the proposal must be responsive to the solicitation and HCC must be able to determine that the proposer is responsible and has the resources and capacity to perform the resulting contract satisfactorily. Responsive proposals are those that comply with all material aspects of the solicitation, conform to the solicitation documents, and meet the requirements set forth in this solicitation. Proposals which do not comply with all the terms and conditions of this solicitation will be rejected as non-responsive.

a. Responsible proposers, at a minimum, must meet the following requirements:

i. Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract;

ii. Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

iii. Have a satisfactory record of past performance;

iv. Have necessary personnel and management capability to perform any resulting contract;

v. Be qualified as an established firm regularly engaged in the type of business necessary to fulfill the contract requirements;

vi. Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the Houston Community College System; signing and submitting the proposal is so certifying to such non-delinquency;

and

vii. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

b. The proposer (s) may be requested to submit additional written evidence verifying that the firm meets the minimum requirements described above and as necessary, to perform the requirements of the solicitation and be determined a responsible proposer. Failure to provide any requested additional information may result in the proposer being declared non-responsive and the proposal being rejected.

c. A person is not eligible to be considered for award of this solicitation or any resulting contract or to be a subcontractor of the proposer or prime contractor if the person assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that person or a prime contractor an unfair advantage over other proposers.

d. A person or proposer shall not be eligible to be considered for this solicitation if the person or proposer engaged in or attempted to engage in prohibited communications as described in Section 5.17 - Prohibited Communications and Political Contributions.

e. Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using subcontractors or contractors.) HCC will contract only with the individual firm or formal organization that submits a response to this RFP.

Section 3 – Instructions to Proposers

1. General Instructions

1. Proposers should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

2. Proposals and any other information submitted by Proposers in response to this Request for Proposal (RFP) shall become the property of HCC.

3. HCC will not provide compensation to Proposers for any expenses incurred by the Proposer(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated.

Proposers submit proposals at their own risk and expense.

4. Proposals, which are qualified with conditional clauses, or alterations, or items, not called for in the RFP documents, or irregularities of any kind are subject to disqualification by HCC, at its option.

5. Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP.

Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of HCCs needs.

6. HCC makes no guarantee that an award will be made as a result of this RFP and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting Agreement when deemed to be in HCCs best interest.

Representations made within the proposal will be binding on responding firms. HCC will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP.

7. Firms wishing to submit a “No- Response” are requested to return the first page of the Contact Award Form (ref. Attachment No. 1). The returned form should indicate your company's name and include the words “No-Response” in the right-hand column.

8. Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal.

2. Preparation and Submittal Instructions All Attachments noted are to be completed and submitted with Proposal, Attachments 1, 5 and 7 must be signed and notarized.

3. Document Format and Content

1. Proposal must be signed by Proposer’s company official(s) authorized to commit such proposals. Failure to sign and return these forms will subject your proposal to disqualification.

2. Responses to this RFP must include a response to the proposal requirements set forth in the Scope of Services above.

3. Table of Contents: Include with the proposal a Table of Contents that includes page number references.

The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by your firm (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section.

4. Pagination: All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.)

Attachments should be numbered or referenced separately.

5. HCC Forms and documents. An original (manual) signature must appear on the original electronic copy. The electronic copies should be in non-editable .PDF format and should include the entire submission, including an individual separate file containing your price proposal.

a. Late proposals properly identified will be returned to Proposer unopened. Late proposals will not be considered under any circumstances.

b. Telephone, Facsimile (“FAX”) or electronic (email) proposals are not acceptable when in response to this Request for Proposal.

4. Proposer Response General: Your Technical Proposal should clearly define (i) your Firm’s total capacity and capabilities, (ii) your qualifications to perform the work, (iii) your ability to perform the services outlined in the Scope of Services,

(iv) your understanding of HCC, and (v) what differentiates you from your competitors. At a minimum, your Technical Proposal shall include the following:

1. Cover letter The cover letter shall not exceed 1 page in length, summarizing key points in the proposal and shall briefly furnish background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation), number and location of offices, location of company headquarters/main office, total number of employees’ company-wide and total number of employees in the State of Texas, and principal lines of business. Certify that the firm is legally permitted or licensed to conduct business in the State of Texas for the services offered.

Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) HCC will contract only with the individual firm or formal organization that submits a response to this RFP.

2. Table of Contents Immediately following the cover letter and introduction, include a complete table of contents for material included in the response documents.

3. Tab 1: Firm’s Qualification and Experience HCC seeks an experienced, financially strong, fully capable REP committed to supply retail electricity services to its facilities. Proposers should provide supporting documentation to demonstrate these qualities, including but not limited to the following information:

1. description of the entity that will be supplying the electricity, including a list of all offices, whether or not such offices are located in Texas, and contact details;

2. a description of the ownership structure of the entity that will be supplying the electricity and any affiliates doing business in Texas;

3. Public Utility Commission of Texas (“PUCT”) REP Certification Number and the date of certification (or, if applicable, other documentation of legal ability to provide retail electricity to Houston Community College);

4. Evidence of financial capability to provide electricity service (which may be based on, e.g., credit grade information provided, or based on publicly available financial documents made available or cross-referenced in an REP’s response-package);

5. summary of retail experience in the Texas market, including a summary of current customer base and electricity load being served

6. Provide details of the level of customer care that will be provided, including names, e-mail addresses, and phone numbers available to the College.

7. Provide information on any complaints filed with the PUCT in the past 24 months against your company, how many of such complaints were filed, and how they were resolved.

4. Tab 2 – Proposed Contract Terms and Conditions. Proposers should submit a proposed form of ESA that is specifically applicable to doing business with political subdivisions and educational institutions.

1. proposed ESA (electric service agreement) in WORD version (e.g., on a USB flash drive), which must also include ALL attachments, exhibits, and cover sheets (compliance with this subsection is very important);

5. Tab 3 - Past Performance and References This section should establish the ability of the respondent (and its sub-consultant), if any to satisfactorily perform the required work.

1. at least five (5) references of current customers of similar size and meter count that may be contacted, preferably customers that are either an Education institution, city, other type of political subdivision, or state or federal agency;

6. Tab 4 – Pricing & Invoicing Structure

The Proposer/Contractor shall furnish all resources and services necessary and required to provide the services of the type and kind required in this RFP, in accordance with the Scope of Services, and the governing terms and of this RFP.

Provide the following:

1. Confirm invoicing will be in compliance with Section 2.1

2. description of invoicing and payment options and the specific option(s) offered to the College, including the name of the billing provider and the name and contact details of a billing provider representative that may be contacted if billing is outsourced;

3. description of on-line portal capabilities that would be available to HCC to allow them to view and download historical usage and invoicing for each meter;

4. sample invoice(s) and on-line portal data;

5. Explain/demonstrate how the following components are addressed in your pricing structure:

a. Electricity Usage

b. Term

c. Bandwidth

d. Add and Delete

Provisions

e. Material Adverse

Change Language

f. Early Termination

g. Ancillary Costs

h. Congestion Costs

7. Tab 5 – Required Attachments

This section shall include all Attachments noted in Section 5; all forms shall be completed, signed and submitted with Proposal.

Attachments 1, 5 and 7 must be signed and notarized.

Section 4– General Information

PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1. General Information

Houston Community College's service area is Houston Independent School District, Katy, Spring Branch, Alief Independent School Districts, Stafford Municipal District, and the Fort Bend portion of Missouri City. The System is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award the associate degree.

Houston Community College serves its students each semester, by offering associate degrees, certificates, academic preparation, workforce training, and lifelong learning opportunities that prepares students in our diverse community to compete in an increasingly technological and international society. Houston Community College plays an integral role in transforming the lives of its students and making our community work.

More information regarding HCC can be found in the annual HCC Fact Book.

HCC Mission - Houston Community College is an open-admission, public institution of higher education offering a high-quality, affordable education for academic advancement, workforce training, career development, and lifelong learning to prepare individuals in our diverse communities for life and work in a global and technological society.

HCC Vision - Houston Community College will be a leader in providing high quality, innovative education leading to student success and completion of workforce and academic programs. We will be responsive to community needs and drive economic development in the communities we serve.

Additional information about Houston Community College may be found by visiting HCC Website.

Visit the HCC Procurement Operations Department website to get more information on this and other business opportunities. While at our website we invite you to Register as a Vendor, if already registered, please confirm your contact information is current.

2. Overview The Houston Community College, (“HCC”) or (“College”) is seeking proposals from qualified firms in accordance with the Scope of Services noted above. Qualified respondents are invited to submit a written response outlining your qualifications and willingness to provide the services as described in the Scope of Services, and in accordance with the terms, conditions and requirements set forth in the Request for Proposal (RFP). The successful proposer will provide the scope of services in accordance with all applicable laws, regulations and professional standards.

HCC reserves the right to make single, multiple or no award for the services described herein and as deemed in its own best interests.

HCC reserves the right to reject any or all proposals or to accept any proposals it considers most favorable to HCC, or to waive irregularities in the Request for Proposal (RFP) and submittal process. HCC further reserves the right to reject all proposals or submittals and terminate the solicitation process or seek new proposals when such procedure is reasonably in the best interest of HCC.

This RFP solicitation does not in any way obligate HCC to award a contract or pay any expense or cost incurred in the review and submission of proposals responding to this

RFP.

All applicable attachments contained in the RFP shall be completed. Failure to do so may result in the firm’s proposal or submittal being declared non-responsive to the solicitation requirements.

Information provided in response to the RFP is subject to the Texas Public Information Act and may be subject to public disclosure.

By submitting its proposal in response to this RFP, respondent accepts the evaluation process and acknowledges and accepts that determination of “most-qualified” and “best valued” firm(s) will require subjective judgments by the Evaluation Committee.

Any exceptions taken to the terms of the RFP must be specific, and the respondent must indicate clearly what alternative is being offered to allow HCC a meaningful opportunity to evaluate and rank proposals and implications of the exception (if any).

http://www.hccs.edu/district/about-us/oir/hcc-fact-book/ http://www.hccs.edu/ http://www.hccs.edu/district/departments/procurement/ http://www.hccs.edu/district/departments/procurement/ https://hccs.sbecompliance.com/FrontEnd/StartRegistry.asp?TN=hccs&XID=2722

Where exceptions are taken, HCC shall determine the acceptability of the proposed exceptions. HCC may accept or reject the exceptions. Where exceptions are rejected, HCC may insist that the respondent furnish the services described herein or negotiate an acceptable alternative.

All exceptions shall be referenced by utilizing the corresponding Section, paragraph and page number in this RFP. However, HCC is under no obligation to accept any exceptions. Respondent shall be deemed to have accepted all terms and conditions to which no exceptions have been taken.

The RFP provides information necessary to prepare and submit proposals or responses for consideration by HCC based on the listed criteria. HCC may request additional clarification and oral interviews solely on the written responses to this request for proposals.

3. Award / Contract Approval This Procurement, any award under this procurement, and the resulting contract, if any, is subject to approval by HCC Board of Trustees. Subsequent to Board approval, the only person authorized to commit HCC contractually is the Chancellor or designee. This solicitation is a request for proposals and neither this solicitation nor the response or proposal from any prospective proposer shall create a contractual relationship that would bind HCC until such time as both HCC and the selected proposer sign a legally binding contract, which includes, without limitation, the terms required by HCC as set forth in the Scope of Work/Services and this RFP.

4. Pre-Proposal Meeting

The purpose of the meeting is to briefly describe the procurement process and specifications while allowing interested firms to ask general questions. Nothing said in the pre-proposal meeting shall be binding to HCC; any changes to the requirements of this RFP shall be made by way of written solicitation amendment.

If applicable, the Pre-Proposal Meeting date and time is noted in the Solicitation Schedule (see Page 2)

5. HCC Contact

Any questions or concerns regarding this Request for Qualification shall be directed to the Procurement Officer listed on the cover page. HCC specifically requests that proposer restrict all contact and questions regarding this RFP to the Procurement Officer. The Procurement Officer must receive all questions or concerns no later than the date and time listed in the Solicitation Schedule.

6. Inquiries and Interpretations

Responses to inquiries, which directly affect an interpretation or change to this RFP, will be issued in writing by addendum (amendment) and all addenda will be posted on the HCC Website www.hccs.edu. All such addenda issued by HCC prior to the time that proposals are received shall be considered part of the RFP, and the Proposer shall be required to consider and acknowledge receipt of such in their proposal.

Only those HCC replies to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarification will be without legal effect.

Proposer must acknowledge receipt of all addenda in Attachment No. 1 of this RFP (Contract Award Form).

7. Commitment

Proposer understands and agrees that this RFP and any resulting Agreement is issued predicated on anticipated requirements for the materials or services described herein and that HCC has made no representation, guarantee or commitment with respect to any specific quantity of or dollar value to be furnished under any resulting Agreement. Further Proposer recognizes and understands that any cost borne by the Proposer, which arises from Proposer’s performance under any resulting agreement, shall be at the sole risk and responsibility of Proposer.

8. Acquisition from Other Sources HCC reserves the right and may, from time to time as required by HCCs operational needs, acquire services of equal type and kind from other sources during the term of the agreement without invalidating in whole or in part, the agreement or any rights or remedies HCC may have hereunder.

9. Vendor Registration

The Houston Community College Procurement Operations Department has developed an online vendor application.

This is designed to allow firms or individuals that are interested in doing business with HCC to register online and become part of our vendor database. Once registered, you will receive a password and personal login information that will allow you to modify your vendor information anytime a change occurs with your company.

You will have the flexibility to add or delete commodity lines, update phone numbers, and contact information, etc.

This database will allow HCC to notify, via email, all companies that match the desired commodity criteria for procurement opportunities within Houston Community College. What a great way to never miss out on an HCC bid or proposal opportunity again.

Please take a moment to go to the Houston Community College Procurement Operations Department website and register as a vendor. The website address to access the vendor registration form is http://www.hccs.edu/ https://hccs.sbecompliance.com/FrontEnd/VendorsIntrod uction.asp

If you do not have internet access, you are welcome to use a computer at any HCC library to access the website and register.

10. Obligation and Waivers

THIS RFP IS A SOLICITATION FOR PROPOSAL AND

IS NOT A CONTRACT OR AN OFFER TO CONTRACT.

A PROPERLY COMPLETED VENDOR APPLICATION

IS REQUIRED AND IS A CONDITON OF CONTRACT

AWARD.

THIS REQUEST FOR PROPOSAL DOES NOT

OBLIGATE HCC TO AWARD A CONTRACT OR PAY

ANY COSTS INCURRED BY THE PROPOSER IN THE

PREPARATION AND SUBMITTAL OF A PROPOSAL.

HCC, IN ITS SOLE DISCRETION, RESERVES THE

RIGHT TO ACCEPT ANY PROPOSAL AND/OR

REJECT ANY AND ALL PROPOSALS OR A PART

OF A PROPOSAL, WITHOUT REASON OR CAUSE,

SUBMITTED IN RESPONSE TO THIS SOLICITATION.

HCC RESERVES THE RIGHT TO REJECT ANY NON-

RESPONSIVE OR CONDITIONAL PROPOSAL. HCC

RESERVES THE RIGHT TO WAIVE ANY

INFORMALITIES, IRREGULARITIES AND/OR

TECHNICALITIES IN THIS SOLICITATION, THE

PROPOSAL DOCUMENTS AND /OR PROPOSALS

RECEIVED OR SUBMITTED.

BY SUBMITTING A PROPOSAL, PROPOSER AGREES

TO WAIVE ANY CLAIM IT HAS, OR MAY HAVE,

AGAINST HOUSTON COMMUNITY COLLEGE

SYSTEM AND ITS TRUSTEES OR AGENTS ARISING

OUT OF OR IN CONNECTION WITH (1) THE

ADMINISTRATION, EVALUATION OR

RECOMMENDATIONS OF ANY PROPOSAL; (2) ANY

REQUIREMENTS UNDER THE SOLICITATION,

PROPOSAL PACKAGE, OR RELATED

DOCUMENTS; (3) THE REJECTION OF ANY

PROPOSAL OR ANY PART OF ANY PROPOSAL;

AND/OR (4) THE AWARD OF A CONTRACT, IF

ANY.

HCC RESERVES THE RIGHT TO WITHDRAW THIS

SOLICITATION AT ANY TIME FOR ANY REASON;

REMOVE ANY SCOPE COMPONENT FOR ANY

REASON AND TO ISSUE SUCH CLARIFICATIONS,

MODIFICATIONS AND/OR AMENDMENTS AS

DEEMED APPROPRIATE.

HCC RESERVES THE RIGHT TO NEGOTIATE

TERMS AND CONDITIONS INCLUDING SCOPE,

STAFFING LEVELS, AND FEES WITH THE HIGHEST

RANKED RESPONDER. IF AGREEMENT CANNOT BE

REACHED WITH THE HIGHEST RANKED

RESPONDER, HCC RESERVES THE RIGHT TO

NEGOTIATE WITH THE NEXT HIGHEST RANKED

RESPONDER AND SO ON UNTIL AGREEMEMENT IS

REACHED. WHEN AN AGREEMENT IS REACHED,

HCC WILL SUBMIT ITS RECOMMENDATIONS TO

THE BOARD OF TRUSTEES FOR APPROVAL AND

AWARD OF THE CONTRACT.

HCC IS AN EQUAL OPPORTUNITY/EDUCATIONAL

INSTITUTION, WHICH DOES NOT DISCRIMINATE

ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, GENDER, AGE, DISABILITY,

SEXUAL ORIENTATION, OR VETERAN STATUS.

11. Contract Award Award of a contract, if awarded, will be made to the proposer who (a) submits a responsive proposal; (b) is a responsible proposer; and (c) offers the best value to HCC, price and other factors considered.

A responsive proposal and a responsible proposer are those that meet the requirements of and are as described in t hi s sol ici tati on . HCC may award a contract, based on initial proposals received, without discussion of such proposals. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and technical standpoint, which the proposer can submit to HCC. Except as otherwise may be set forth in this solicitation, HCC reserves the right to waive any informalities, non-material errors, technicalities, or irregularities in the proposal documents submitted and consider the proposal for award.

12. Postponement of Proposals Due Date/Time:

Notwithstanding the date/time for receipt of proposals established in this solicitation, the date and time established herein for receiving proposals may be postponed solely at HCCs discretion.

13. Oral Presentations:

During the process of selecting a company to provide the required services, oral presentations may or may not be held. Each proposer should be prepared to make a presentation to HCC. The presentations must show that the proposer clearly understands the requirements of the solicitation, and has a strategic plan and approach to complete the work.

14. Small Business Development Program (SBDP):

The Houston Community College System’s Small Business Development Program (“SBDP” or the “Program”) was created to provide business opportunities for local small businesses to participate in contracting and procurement at Houston Community College (HCC).

https://hccs.sbecompliance.com/FrontEnd/VendorsIntroduction.asp https://hccs.sbecompliance.com/FrontEnd/VendorsIntroduction.asp

The SBDP is a goal-oriented program, requiring Contractors who receive Contracts from HCC to use Good Faith Efforts to utilize certified small businesses. The Program applies to all Contracts over $50,000, except Contracts for sole-source items, federally funded Contracts, Contracts with other governmental entities, and those Contracts that are otherwise prohibited by applicable law or expressly exempted by HCC. The SBDP is a race and gender-neutral program, however HCC actively encourages the participation of minority and women-owned small businesses in the SBDP.

To participate, small businesses must be certified by an agency or organization whose certification is recognized by HCC. Certification is based on the firm’s gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103, does not exceed the size standards as defined pursuant to Section 3 of the Small Business Act and 13 C.F.R. § 121.201.

HCC recognizes certification by the following governmental and private agencies: Metropolitan Transit Authority of Harris County (METRO) SBE Certification, City of Houston SBE, MWPDBE and DBE Certifications, Texas Department of Transportation SBE Certification, City of Austin SBE Certification, South Central Texas Regional Certification Agency SBE Certification, Small Business Administration 8(a). HCC has the right to revoke acceptance of a business as a certified or qualifying small business and to conduct certification reviews. For more information regarding SBE Certifications go to http://www.hccs.edu/about-hcc/procurement/small-business-procurement/.

Good Faith Efforts: HCC will make a good faith effort to utilize small businesses in all contracts. The annual program goals may be met by contracting directly with small businesses or indirectly through subcontracting opportunities. Therefore, any business that contracts with HCC will be required to make a good faith effort to award subcontracts to small businesses. The subcontracting goal applies to all vendors regardless of their status. By implementing the following procedures, a contractor shall be presumed to have made a good faith effort:

a. To the extent consistent with industry practices, divide the contract work into reasonable lots.

b. Give notice to SBDP eligible firms of subcontract opportunities or post notices of such opportunities in newspapers and other circulars.

c. Document reasons for rejecting a firm that bids on subcontracting opportunities.

Points shall be awarded in accordance with the Proposal Response based on the prime vendor’s certifications and/or commitment to small business subcontracting stated in the solicitation document and the published point scale. The points noted below are sample as aligned with the Proposal SBE Subcontracting Commitment table noted above.

A copy of the complete SBDP Procedure may be found on our Small Business Website.

a. Certified small business prime contractor – automatically eligible for maximum available SBE points. However, HCC reserves the right to deny the points, and look only to the prime contractor’s use of subcontractors, if HCC, in evaluating solicitation responses, makes a determination that the prime contractor will not have a legitimate and active role in the performance of the contract;

b. Certified small business prime contractor that meets the SBE Bonus Points subcontracting commitment using a certified small business subcontractor – automatically eligible for maximum available SBE Bonus Points. The noted Bonus Points shall only be available when a certified SBE who is the prime contractor shall also use a certified SBE as a subcontractor. This category of points shall only be available when subcontracting opportunity is identified as noted in the published table;

c. Non-certified small business prime contractor that meets the SBE subcontracting commitment using a certified small business subcontractor – automatically eligible for maximum available SBE points;

d. Non-small business prime contractor with non-small business subcontractor – no points; and

e. Non-small business prime contractor self-performing work – no points

The ultimate decision to award Contracts will be made by the HCC Board of Trustees based on its determination of best value to HCC or otherwise in accordance with the solicitation’s method of procurement.

15. Prime Contractor/Contracts for Services:

The prime contractor must perform a minimum of 30% of any contract for services with its labor force and or demonstrate management of the contract for services to the satisfaction of HCC.

16. Internship Program:

HCC is expanding its student internship program. All vendors are encouraged to make a commitment to utilize certain HCC student(s) in an internship capacity with the company under any resulting contract for services required under this solicitation. At the sole discretion of the vendor, http://www.hccs.edu/about-hcc/procurement/small-business-procurement/ http://www.hccs.edu/about-hcc/procurement/small-business-procurement/ http://www.hccs.edu/district/departments/procurement/small-business-procurement/ the internship opportunity may be paid or unpaid and shall be intended to serve as a relevant and meaningful educational enrichment opportunity for the HCC students involved. HCC will provide the selected contractor with the name of student(s) eligible to participate in the internship program.

For additional information regarding the internship program, please contact Mr. James Mable, Director of Career & Job Placement at 713-718-6485.

18. Prohibited Communications and Political Contributions:

Except as provided in exceptions below, political contributions and the following communications regarding this solicitation or any other invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited:

[1] Between a potential vendor, subcontractor to vendor, service provider, respondent, Offeror, lobbyist or consultant and any Trustee;

[2] Between any Trustee and any member of a selection or evaluation committee; and [3] Between any Trustee and administrator or employee.

The communications prohibition shall be imposed from the day the solicitation is first advertised through thirty

(30) days after the contract is executed by the Chancellor or his/her designee, or when a determination is made that the contract will not be awarded. During this period, no HCC Trustee and no vendor shall communicate in any way concerning any pending Solicitation involving the Vendor, subject to the penalties stated herein.

In the event the…

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