ESBD_File_334869_ITB 7151-23-EUA- LP&L Pole Trailer.pdf

ITB 7151-23-EUA - LP&L Pole Trailer

INVITATION TO BID

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid.

Bids must be addressed to:

Cheyenne Goodman, Buyer, Electric Utilities Lubbock Power & Light 1314 Avenue K, 5th Floor Lubbock, TX 79401

VENDORS ARE STRONGLY ENCOURAGED

TO CAREFULLY READ THE ENTIRE BID.

SEALED BID DO NOT OPEN

ITB 7151-23-EUA

LP&L Pole Trailer

BID OPENING: September 14, 2023 @ 2:00 p.m.

Company Name: ______________________________________________

Contact Name:_________________________________________________

Telephone Number:_____________________________________________

SUBMIT TO:

LUBBOCK POWER & LIGHT

PURCHASING DEPARTMENT

1314 Avenue K, 5th Floor Lubbock, TX 79401

AN EQUAL

OPPORTUNITY

EMPLOYER

Cheyenne Goodman Buyer II, Electric Utilities

TEL: 806.775.2546

http://cheyennegoodman@lpandl.com

TITLE:

LP&L Pole Trailer

SUBMITTAL DEADLINE:

September 14, 2023, 2:00 p. m. CST

PRE BID DATE, TIME AND LOCATION: Deleted Any bids received after the time and date listed above, regardless of the mode of delivery, shall be returned unopened.

RESPONDENT NAME:

LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE

ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR

COMPANY NAME AND ADDRESS.

IF RETURNING AS A “NO BID”, PLEASE COMPLETE AND

RETURN THE “STATEMENT OF NO BID”.

MAILING ADDRESS:

CITY – STATE – ZIP:

LUBBOCK POWER & LIGHT RESERVES THE RIGHT TO ACCEPT OR

REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY

INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, LP&L

RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO

BE IN THE BEST INTEREST OF LP&L.

IT IS THE INTENT AND PURPOSE OF LUBBOCK POWER & LIGHT THAT

THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER’S

RESPONSIBILITY TO ADVISE THE LUBBOCK POWER & LIGHT

PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC.,

OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR

LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE

SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND

MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN

FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL

DEADLINE.

TELEPHONE NO:

FAX NO:

E-MAIL:

FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.

THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA.

An officer or employee of Lubbock Power & Light cannot benefit from any contract, job, work or service for the utility or be interested in the sale to Lubbock Power & Light of any supplies, equipment, material or articles purchased. Will any officer or employee of Lubbock Power & Light, or member of their immediate family, benefit from the award of this bid to the above firm? __ YES NO

IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.

By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to Lubbock Power & Light all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by Lubbock Power & Light. At Lubbock Power & Light’s discretion, such assignment shall be made and become effective at the time Lubbock Power & Light tenders final payment to the vendor.

Authorized Signature Title

Print/Type Name Date

THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.

INVITATION TO BID

#7151-23-EUA

http://cheyennegoodman@lpandl.com

BID FORM

ITB #7151-23-EUA

In compliance with the Invitation to Bid #7151-23-EUA, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #7151-23-EUA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.

ITEM DESCRIPTION

QTY

(more or less)

U/M

UNIT

COST*

EXTENDED

COST

DELIVERY

DAYS

ARO**

1. Pole Trailer As Specified Herein

1 EA $ $

OVERALL TOTAL $

*PRICE: F.O.B. LUBBOCK POWER & LIGHT, Freight Pre-Paid and Allowed. **Delivery Days After Receipt of Order (ARO)

* Days After Receipt of Order (ARO), delivery time is also a deciding factor on which vendor will be awarded, Factory Stock will not be considered and may result in your bid being deemed non-responsive.

• BIDDERS MUST SUBMIT THE ORIGINAL AND ONE FLASH DRIVE OF THE

SEALED BID, TO INCLUDE THE NEW EQUIPMENT SERVICE QUESTIONNAIRE

AND MINIMUM SPECIFICATIONS TO THE PURCHASING DEPARTMENT

PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO PROVIDE THE

ADDITIONAL FLASH DRIVE MAY RESULT IN YOUR BID BEING DEEMED NON-

RESPONSIVE.

• Award will be made on an all-or-none basis for group of items shown on the Bid Form.

Failure to bid all items will result in your bid being deemed non-responsive and will not be further evaluated.

PAYMENT TERMS - Bidder offers a prompt payment discount of %, net calendar days to apply after receipt of invoice or final acceptance of the goods or services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate Net 30 days, otherwise payment terms shall be Net 30 days. Discounts will not be considered in determining low bid.

THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of ____________________, or a partnership consisting of or an individual trading as ______________________________ of the City of_______________________

Firm:

Address:

City: State: Zip

M/WBE

Firm:

Woman Black American Native American

Hispanic American Asian Pacific American

Other (Specify)

By Date:

Authorized Representative - must sign by hand

Officer Name and Title:

Please Print

Business Telephone Number FAX:

FOR LP&L USE ONLY:

Bid Form Item Number(s) Awarded to Above Named Firm/Individual:

Purchase Order/Contract Number: Date P.O./Contract Issued:

LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND

TIME, AND YOUR COMPANY NAME AND ADDRESS.

ITB #7151-23-EUA

LUBBOCK POWER & LIGHT APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL

CONDITIONS, AND ATTACHED SPECIFICATIONS.

I. INSTRUCTIONS TO BIDDERS

1 BID DELIVERY, TIME & DATE

1.1 Lubbock Power & Light is seeking written and sealed competitive bids to furnish LP&L Pole Trailer per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, September 14, 2023, if date/time stamped on or before 2:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND

SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER

PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #7151-23-EUA , LP&L

Pole Trailer” AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE

THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR

CONTAINER. Bids must be addressed to:

Cheyenne Goodman, Buyer II, Electric Utilities Lubbock Power & Light 1314 Avenue K, 5th Floor Lubbock, Texas 79401

1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. Lubbock Power & Light assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. Lubbock Power & Light WILL NOT ACCEPT FAX BIDS.

The Bid Form must be completed in blue or black ink or by typewriter.

1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity.

1.5 Lubbock Power & Light reserves the right to postpone the date and time for opening bids through an addendum.

2 PRE-BID MEETING – DELETED

3 CLARIFICATION OF REQUIREMENTS

3.1 It is the intent and purpose of Lubbock Power & Light that this request permits competitive bids. It is the bidder’s responsibility to advise the Lubbock Power & Light Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO

LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND

ADDRESSED TO:

Cheyenne Goodman, Buyer, Electric Utilities Lubbock Power & Light 1314 Avenue K, 5th Floor Lubbock, Texas 79401 Email: cheyennegoodman@lpandl.com

4 ADDENDA & MODIFICATIONS

4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.txsmartbuy.com/sp (Agency: Lubbock Power & Light). We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline.

BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

4.2 Any bidder in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Manager. At the request of the bidder, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager and will be available over the Internet at http://www.txsmartbuy.com/sp and will become part of the bid package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by Lubbock Power & Light.

4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. Lubbock Power & Light shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by Lubbock Power & Light in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of Lubbock Power & Light and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses.

4.4 Lubbock Power & Light does not assume responsibility for the receipt of any addendum sent to bidders.

5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS

5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications.

5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid.

6 6 PROPOSAL COPIES

6.1 Provide one original hard copy and one electronic copy of the proposal. Each Offeror must submit an original signed paper proposal. Electronic copy must be in PDF format and saved to a separate flash drive (No paper copies).

6.2 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by Offerors shall become the property of LP&L when received.

7 PROPOSAL PREPARATION COSTS

7.1 Issuance of this ITB does not commit LP&L, in any way, to pay any costs incurred in the preparation and submission of a proposal.

7.2 The issuance of this ITB does not obligate LP&L to enter into contract for any services or equipment.

mailto:cheyennegoodman@lpandl.com http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/sp

7.3 All costs related to the preparation and submission of a proposal shall be paid by the Offeror.

8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION

ACT

8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing Offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection.

8.3 Lubbock Power & Light will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

8.4 To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Offeror agrees to:

(1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

8.5 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act.

9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

9.1 Lubbock Power & Light hereby notifies all Offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

9.2 A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.

10 CONFLICT OF INTEREST

10.1 By signing their proposal, the Offeror certifies and represents to LP&L that Offeror:

10.1.1 Is not owned, controlled, or actively influenced by any City of Lubbock or LP&L employee or an immediate relative of same;

10.1.2 Does not employ or engage any person who is a City of Lubbock or LP&L employee in a management, consulting, or sales capacity; or

10.1.3 Does not employ in any capacity a City of Lubbock or LP&L employee who is in a position to influence the selection of, or who conducts business with, a supplier.

10.2 During the course of this agreement, the Offeror shall not:

10.2.1 Sell an equity or partnership interest to, or seek the counsel or influence of, any City of Lubbock or LP&L employee, or an immediate relative of such employee;

10.2.2 Employ or engage a City of Lubbock or LP&L employee in a management, consulting, or sales capacity; or

10.2.3 Does not employ in any capacity a City of Lubbock or LP&L employee who is in a position to influence, or who conducts business with, a supplier.

10.4 The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Lubbock Power & Light.

10.5 By signing their proposal, the Offeror certifies and represents to LP&L the Offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP.

11 ANTI-LOBBYING PROVISION

11.1 DURING THE PERIOD BETWEEN PROPOSAL RELEASE DATE AND THE CONTRACT

AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT

DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF LUBBOCK

POWER & LIGHT ELECTRIC UTILITY BOARD OR LP&L STAFF EXCEPT IN THE COURSE OF

LP&L-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS

REQUESTED BY LP&L.

11.2 This provision is not meant to preclude Offerors from discussing other matters with the Electric Utility Board members or LP&L staff. This policy is intended to create a level playing field for all potential Offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process.

Violation of this provision may result in rejection of the Offeror's proposal.

12 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

Proposals must show Offeror name and address of Offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal will disqualify it.

13 ABOUT THIS DOCUMENT

13.1 This document is a Request for Proposal. It differs from an Invitation to Bid in that Lubbock Power & Light is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an Offeror's approach meets the desired requirements and needs of Lubbock Power & Light. Those criteria that will be used and considered in evaluation for award are set forth in this document. Lubbock Power & Light will thoroughly review all proposals received. LP&L will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with Offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified Offeror submitting the best proposal. LP&L reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

13.2 Proposal prices must be firm for a minimum period of sixty (60) days.

14 EVALUATION PROCESS

14.1 All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

14.2 Respondents to this RFP may be required to submit additional information that LP&L may deem necessary to further evaluate the Offeror’s qualifications.

14.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

14.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to Lubbock Power & Light. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

15 SELECTION

15.1 Selection shall be based on the responsible Offeror whose proposal is determined to be the most advantageous to Lubbock Power & Light considering the relative importance of evaluation factors included in this RFP. Unless otherwise specified herein, Lubbock Power & Light may award the proposal either item-by-item or on an all-or-none basis for any item or group of items shown on the Proposal Forms.

15.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY

AND/OR FINANCIALLY COMMIT LP&L TO ANY CONTRACT, AGREEMENT OR PURCHASE

ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE

REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

16 EQUAL EMPLOYMENT OPPORTUNITY

Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

17 NONAPPROPRIATION

All funds for payment by LP&L under this contract are subject to the availability of an annual appropriation for this purpose by LP&L. In the event of non-appropriation of funds by the Electric Utility Board of LP&L for the goods or services provided under the contract, LPL will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and LP&L shall not be obligated under this contract beyond the date of termination.

18 PROTEST

18.1 All protests regarding the RFP process must be submitted in writing to the LP&L Purchasing Manager within five (5) business days following the opening of proposals. This includes all protests relating to advertising of notices, deadlines, proposal opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process.

This limitation does not include protests relating to staff recommendations as to award of contract.

Protests relating to staff recommendations may be directed to the Electric Utility Board by contacting the Purchasing Manager of LP&L.

All staff recommendations will be made available for public review prior to consideration by the Electric Utility Board as allowed by law.

18.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER

OF ANY PROTEST.

Lubbock Power & Light is aware of the time and effort you expend in preparing and submitting bids to Lubbock Power & Light.

Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible Offerors can compete for Lubbock Power & Light’s business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the Lubbock Power & Light Buyer (806) 775-2546.

19 HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES

19.1 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

19.2 Please list the City of Lubbock-LP&L as the name of governmental entity or state agency that is a party to the contract for which the form is being filed.

19.3 Please reference the bid number and description as the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract.

19.4 Please submit the signed and notarized copy with your sealed bid or mail to LP&L’s Purchasing Department, 1301 Broadway, Lubbock, Texas 79401.

20 TERMS AND CONDITIONS

LP&L will consider, when evaluating proposals, any alterations made to LP&L General Terms and Conditions, including without limitation, any attempt to limit (i) warranties of seller (Section 13); (ii) defaults of Seller (Section 23); and/or (iii) causes and/or remedies available to LP&L in the event of default or warranty breach (Section 8). Please note that any changes or alterations made will be included in the evaluation criteria.

21 EXECUTIVE ORDER 13920

21.1 Pursuant to Executive Order 13920 (“Executive Order”), Offeror shall not acquire for, import for, transfer to, or install for LP&L, any “bulk power system electric equipment,” as “bulk power system” and “bulk power system electric equipment” are defined in the Executive Order and incorporated herein, including but not limited to the following: bulk-power system substations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capacitor equipment, automatic circuit reclosers, instrument transformers, coupling capacity voltage transformers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, industrial control systems, distributed control systems, and safety instrumented system, that have been developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a “foreign adversary” (as defined in the Executive Order, and any subsequent legislation, rules, or regulations interpreting same) (“Qualifying Equipment”). Bids or proposals that fail to observe this requirement will not be considered for award.

Offeror shall comply with Executive Order 13920.

If Offeror plans to provide or install Qualifying Equipment during the course of its work for LP&L, Offeror must complete Bulk Power System Disclosure form and shall therein identify the country of registration and location of manufacturer, the identity and country of registration of the seller (if not the manufacturer), identify the county of registration/nationality and location of the owner and/or owner of the controlling interest of the manufacturer and seller (as applicable), for each component or sub-component of the Qualifying Equipment Offeror proposes to provide to LP&L.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

If Offeror selects a manufacturer or vendor of such equipment that has been pre-qualified by the Secretary of Energy under the Executive Order, Offeror shall be deemed to satisfy the requirements of this section. Offeror shall provide documentation to LP&L reflecting any such pre-qualification with its response.

22. QUALIFICATIONS OF OFFERORS

22.1 The Offeror may be required before the award of any contract to show to the complete satisfaction of Lubbock Power & Light that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Offeror may also be required to give a past history and references in order to satisfy Lubbock Power & Light about the Offeror’s qualifications. Lubbock Power & Light may make reasonable investigations deemed necessary and proper to determine the ability of the Offeror to perform the work, and the Offeror shall furnish to LP&L all information for this purpose that may be requested. The Offeror’s proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the Offeror fails to satisfy LP&L that the Offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Offeror’s qualifications shall include but not be limited to:

(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.

(b) The ability of the Offeror to perform the work or provide the service promptly or within the time specified, without delay or interference.

(c) The character, integrity, reputation, judgment, experience, and efficiency of the Offeror.

(d) The quality of performance of previous contracts or services.

(e) The safety record of the Contractor and proposed Sub-Contractors

Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with Lubbock Power & Light specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non-municipal current and completed projects for the past three (3) years for review.

This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform.

23. OWNERSHIP REPRESENTATION AND WARRANTY

To the extent Chapter 2274, Texas Government Code applies to this contract, Contractor represents and warrants that it is not, and during the term of this contract will not be (1) owned by or the majority of stock or other ownership interest of Contractor will not be held or controlled by (i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country, as defined in Section 2274.0101, Texas Government Code; or (ii) a company or entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country as defined in Section 2274.0101, Texas Government Code; or (2) headquartered in China, Iran, North Korea, Russia, or a designated country as defined in Section 2274.0101, Texas Government Code. Contractor warrants and represents that LP&L’s contract with Contractor therefore does not and will not violate Texas Government Code Section 2274.0101, et seq.

24. NON-DISCRIMINATION AGAINST FIREARM ENTITIES/TRADE ASSOCIATIONS

Contractor hereby warrants that it is in compliance with Chapter 2274, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) it will not discriminate during the term of the contract against a firearm entity or firearm trade association.

25. NON-BOYCOTT OF ENERGY COMPANIES

Contractor hereby warrants that it is in compliance with Chapter 2274, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) it does not boycott energy companies, and (2) it will not boycott energy companies during the term of this agreement.

Lubbock Power & Light is aware of the time and effort you expend in preparing and submitting bids to Lubbock Power & Light.

Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for Lubbock Power & Light’s business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the Lubbock Power & Light Buyer (806) 775-2546.

II. TERMS AND CONDITIONS

**** PLEASE READ CAREFULLY ****

These Terms & Conditions apply to all bids and become a part of the terms and conditions of any bid submitted and any Purchase Order submitted hereunder. LP&L shall mean Lubbock Power & Light. As used herein, Seller and Bidder shall mean one and the same person or entity.

1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller’s name and address, (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. LP&L’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.

2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to LP&L until LP&L actually receives and takes possession of the goods at the point or points of delivery.

4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify LP&L of his intention to cure and may then make a conforming tender within the contract time but not afterward.

5. INVOICES & PAYMENTS. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Lubbock Power & Light, Accounts Payable, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery.

6. GRATUITIES. LP&L may, by written notice to the Seller, cancel this contract without liability if it is determined by LP&L that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of Lubbock Power & Light with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event Seller gives or offers gratuities, as set forth, Seller shall be in breach of this contract, and, LP&L shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the LP&L and to the extent feasible shall be identified by the Seller as such.

8. WARRANTY-PRICE.

a. The price to be paid by LP&L shall be that contained in Seller’s bid which Seller warrants to be no higher than Seller’s current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, LP&L may cancel this contract without liability.

b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, LP&L shall have the right, in addition to any other right, of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall be void and of no effect, and shall further render this contract voidable at the option of the LP&L. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contract, the Seller represents and warrants fault-free performance and fault-free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure.

Lubbock Power & Light, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub-Seller or any third party involved in the creation or development of the products and services to be delivered to Lubbock Power & Light under this Contract. Failure to comply with any of the obligations contained herein, may result in Lubbock Power & Light availing itself of any of its rights under the law and under this Contract including, but not limited to, it’s right pertaining to termination or default. The warranties contained herein are in addition to, and separate and discrete from, any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller’s liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference.

10. SAFETY WARRANTY. Seller warrants that the products sold to LP&L shall conform to the standards promulgated by the U.

S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, LP&L may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by LP&L will be at the Seller’s expense.

11. NO WARRANTY BY LP&L AGAINST INFRINGEMENTS. As part of this contract, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. LP&L makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall LP&L be liable to Seller in any way including, without limitation, for indemnity, in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify LP&L to this effect in writing within two weeks after the signing of this agreement. If LP&L does not receive notice and is subsequently held liable for the infringement or the like, Seller will indemnify and save LP&L harmless from and against any loss, damage or claim of any kind or type. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void.

12. RIGHT OF INSPECTION. LP&L shall have the right to inspect the goods at delivery before accepting them.

13. CANCELLATION. LP&L shall have the right to cancel for default all or any part of the undelivered portion of this contract if Seller breaches any of the terms hereof, including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which LP&L may have in law, equity, contract or otherwise.

14. TERMINATION. The performance of work, or purchase of goods under this contract may be terminated in whole, or in part, by LP&L in accordance with this provision. Such termination shall be effected by the delivery of the Seller of a “Notice of Termination” specifying the extent to which the performance of work, or purchase of goods is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of LP&L set forth in Clause 13, herein.

15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent.

16. ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of LP&L. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph.

17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

18. INTERPRETATION-PAROLE EVIDENCE. This contract, including without limitation, the Invitation to Bid Form, Instruction to Bidders, Terms and Conditions, Specifications and Purchase Orders issued hereunder, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.

19. PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

20. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Seller agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

21. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Texas, including the Uniform Commercial Code as adopted in the State of Texas as effective and in force during the term of this agreement.

22. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

23. INDEMNIFICATION. Seller shall indemnify, keep and save harmless LP&L, its agents, elected and appointed officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against LP&L in consequence of the granting of this Contract or which may anywise results therefrom or is related thereto, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the sub Seller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against LP&L in any such action, the Seller shall, at its own expenses, satisfy and discharge the same. Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend LP&L as herein provided.

24. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement.

25. MBE. Lubbock Power & Light hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award.

26. In the event Seller shall fail to perform under this contract, as provided herein, Seller shall be in default hereunder. In the event of default, LP&L shall be entitled to exercise any right or seek any remedy available to it by law, equity, contract, or otherwise.

The remedies are cumulative and non-exclusive and may be exorcised concurrently.

27. OWNERSHIP…