ESBD_File_355747_2024-1108 Retail Natural Gas Services.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

1:00 PM Central, 5/3/2024

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1108

Retail Natural Gas Services https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP for Retail Natural Gas Services

Rev. February 1, 2022 Page 2 of 18

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 Introduction

1.2 Primary Contact

1.3 Scope of Goods or Services

1.4 Proposal Submittal Requirements

1.3 Event Information

1.6 Term of Award

1.7 Historically Underutilized Business ("HUB") Firms

1.8 HUB Subcontracting Plan

1.9 Right to Modify, Rescind, or Revoke the RFP

1.10 Signature and Certification of Proposer

1.11 Compliance with Applicable Laws, Regulations, Ordinances, Texas Tech System Regents' Rules, and Texas Tech Operating Policies and Procedures

1.12 Compliance with RFP Requirements

1.13 Right of Rejection

1.14 Binding Effect of Proposal

1.15 Use and Disclosure of Information

1.16 Group Purchase Authority

1.17 E-commerce

1.18 Withdrawal or Modification

1.19 Risk of Loss, Damage, or Delay

1.20 Digital Signature

1.21 Insurance Requirements

SECTION 2: SCOPE OF WORK

2.1 Objectives

2.2 Marketing and Sponsorship

2.3 Natural Gas Billing, Payment, and Customer Service

2.4 Natural Gas Pricing

2.5 Value Added

SECTION 3: EVALUATION CRITERIA FOR AWARD

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

APPENDIX A: DEFINITIONS

Rev. February 1, 2022 Page 3 of 18

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Tech University ("Texas Tech") and Texas Tech University Health Sciences Center (“Texas TechHSC”), collectively referred to as Texas Tech (“Texas Tech”), are seeking competitive Responses to a Request for Proposal ("RFP") for Retail Natural Gas Services. Texas Tech is using this RFP as a dual-phase solicitation as detailed in this RFP. The Proposer must follow instructions for each phase of the solicitation. This RFP provides sufficient information for interested parties to prepare and submit Proposals for consideration by Texas Tech. Additional information may be made available by written request to the Primary Contact identified in Section 1.2. Other Texas Tech University System component institutions are not included in this Solicitation but may opt to utilize the Master Contract awarded from this Solicitation. Pricing must be solicited through the Phase Two process for any institution desiring to utilize the Master Contract.

1.2 Primary Contact ("Primary Contact")

Lauren Barta Solicitations.purchasing@ttu.edu Texas Tech University Texas Tech Plaza Suite # 408 Box 41094

Lubbock, TX 79409-1094

Primary Contacts ("Primary Contact") Phase Two

Michael Ayala Managing Director Tradition Energy 5215 N O'Connor Blvd Central Tower, Suite 470 Las Colinas, Texas 75039 Tel: 214.414.2960

Cell: 214.500.0111 mayala@traditionenergy.com www.traditionenergy.com with copy to

Lauren Barta Solicitations.purchasing@ttu.edu Texas Tech University Texas Tech Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

1.2.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website. Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Phase One Questions must be emailed or submitted in writing to the Texas Tech Primary Contact Phase One. Phase Two Questions must be emailed or submitted in writing to both Primary Contacts Phase Two.

1.2.2 Except as provided in this RFP (e.g., designated Point of Contact) and as otherwise necessary for the conduct of existing Texas Tech business operations, Proposers are expressly and absolutely prohibited https://www.ttu.edu/about/ https://www.ttuhsc.edu/ mailto:Solicitations.purchasing@ttu.edu mailto:mayala@traditionenergy.com http://www.traditionenergy.com/ mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu

Rev. February 1, 2022 Page 4 of 18 from engaging in communications with Texas Tech personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that Texas Tech determines is contrary to the prohibitions outlined in this section, Texas Tech may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

1.3 Scope of Goods or Services

Through this dual-phase RFP process, Texas Tech will first identify one or more qualified firms for Retail Natural Gas Services (“Services”) in Phase One. During Phase Two, Texas Tech will select a final Proposer based on the evaluation criteria published in this RFP.

The uninterrupted flow of natural gas is essential to Texas Tech’s operations and critical to the health, safety, and welfare of its staff, students, and research initiatives. Texas Tech requires a reliable, high-quality supply of natural gas.

Its facilities are sensitive to supply constraints and other natural gas disturbances. Physical interruptions, pressure discrepancies, and other flow distortions have substantial adverse economic impacts on Texas Tech.

Texas Tech University (Texas Tech) (both the Texas Tech Lubbock campus and the Texas TechHSC Lubbock campus) consumes approximately 1,200,000 MMBTU each year. Appendix B to this RFP provides a summary matrix with Texas Tech’s consolidated load.

Phase One: Proposers will be invited to submit Proposals outlining their qualifications in response to Phase One of this RFP. Proposals should focus on experience, resources, and Services that best satisfy Texas Tech’s needs and must, at a minimum, meet the requirements in this RFP.

No cost information should be submitted from Proposers in Phase One of the RFP process.

Texas Tech’s third-party representative and the Texas Tech Contract Review Team will evaluate Proposer’s written responses with respect to Texas Tech’s needs and requirements, as outlined in Section Two. The most qualified Proposer(s), as determined by Texas Tech’s Contract Review Team and the criteria outlined in this RFP, will be invited to continue with Phase Two of the Solicitation process. The Proposer(s) selected must be willing to work with Texas Tech’s designated representatives, and Texas Tech’s transportation pipelines, to minimize service disruptions, coordinate planned outages, and provide timely responses to inquiries about system conditions on a twenty-four-hour-per day, seven days per week, 365/366 days per year basis. Qualified Proposers must sign a Master Agreement with Texas Tech acknowledging business terms and general requirements related to electrical Services.

Phase Two: If a Proposer qualifies in Phase One, the qualified Proposer(s) will then be invited to participate in Phase Two, submit the pricing and other total costs upon request to Texas Tech’s third-party consultant through an auction system, and be evaluated by Texas Tech on a competitive basis. Only Proposers qualified in Phase One and awarded a Master Agreement will be invited to participate in Phase Two. Pricing will be requested as needed throughout the term of the awarded Master Agreement and awarded based on competitiveness and evaluation by Texas Tech. Texas Tech and the Proposer(s) awarded in Phase Two will provide and sign a formal Transaction Confirmation (TC) subject to Texas laws.

For the sake of clarity, Texas Tech will award multiple Master Agreements but will seek pricing from the qualified Proposers in Phase One, and Texas Tech will purchase Services from one Proposer on an as-needed basis documented by a Transaction Confirmation.

1.4 Proposal Submittal Requirements

1.4.1 By submitting a Phase One Proposal, the Proposer certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the Services to be performed, the detailed requirements of the Services to be provided, and the conditions under which the Services are to be performed. The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for an award by Texas Tech, the Proposer will notify

Rev. February 1, 2022 Page 5 of 18

Texas Tech immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information. Any material change may result in the cancellation of the Master Agreement. Texas Tech would then be permitted to conduct a Phase Two process again to secure pricing from another qualified Proposer.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

1.4.2 Submittal Instructions for TechBid Proposals

Texas Tech requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

Texas Tech recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

1. Proposer’s Response Form

2. HUB Subcontracting Plan

3. Signed Affirmation and Conflict of Interest

4. Sample Invoice

5. Samples of any other required documents

1.5 Event Information

1.5.1 Schedule of Events

Texas Tech intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP March 29, 2024

Deadline for Submission of Written Questions

April 19, 2024

1:00 PM

Central

Texas Tech will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date May 3, 2024

1:00 PM

Central

Online Proposal Opening May 3, 2024

1:00 PM

Central

Evaluation of Proposals May 3, 2024 – July 2024

* All dates are tentative and subject to change.

1.5.1 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

Rev. February 1, 2022 Page 6 of 18

For convenience, Proposers may request a list of Proposals received by contacting the Texas Tech Primary Contact after the opening. All submitted Proposals become the property of Texas Tech after the RFP submission deadline and will not be returned.

In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

1.6 Term of Award

The maximum term for an awarded Master Agreement under this RFP is ten (10) years from that date of execution. Unless terminated earlier pursuant to the Master Agreement terms, the Master Agreement would automatically renew for up to two (2) five (5) year renewal terms (for a maximum total of twenty (20) years) unless either party provided written notice of its intent not to renew the Master Agreement at least one hundred and twenty (120) days prior to the end of the initial or then-current renewal term. The parties may negotiate and mutually agree on an alternate term.

1.7 Historically Underutilized Business ("HUB") Firms

Texas Tech endeavors to promote full and equal opportunity for businesses to supply Texas Tech with Goods or Services necessary to support Texas Tech's educational mission. In this regard, Texas Tech commits to selecting Proposers in accordance with (i) Texas Tech needs, (ii) Texas Tech resources, (iii) Texas Tech HUB goals, (iv) guidelines established by the Texas legislature and Texas Procurement and Support Services ("TPASS"), and (v) Texas Tech Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide Texas Tech full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or Texas Tech's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

Texas Tech is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the Texas Tech organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

1.8 HUB Subcontracting Plan (“HSP”)

Texas Tech has determined that there are subcontracting opportunities in the performance of the Scope of Work of this Solicitation, and/or any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. The Proposer must include a completed HSP, and any supporting documentation required per the HSP (e.g., proof of Good Faith Effort) with the Proposal submission. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the HSP, failure to submit already-existing evidence that three HUBs were contacted), Texas Tech may contact the Proposer for clarification to the HSP if it contains sufficient evidence that the Proposer developed and submitted the HSP in good faith. Failure to submit an HSP in accordance with this section will result in disqualification of the Proposal.

1.8.1 HSP Resources

▪ HSP preparation assistance: solicitations.purchasing@ttu.edu.

▪ Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

▪ State of Texas Centralized Master Bidders List:

http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf

Rev. February 1, 2022 Page 7 of 18 https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

1.8.2 Texas Tech’s FY 2023 HUB Goals are:

(1) 3.10 % for heavy construction other than building contracts;

(2) 15.47% for all building construction, including general contractors and operative builders' contracts;

(3) 22.02% for all special trade construction contracts;

(4) 13.67% for professional services contracts;

(5) 14.83% for all other services contracts; and

(6) 27.34% for commodities contracts

1.9 Right to Modify, Rescind, or Revoke the RFP

Texas Tech reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which Texas Tech executes a Contract with the selected Proposer(s).

1.10 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

1.11 Compliance with Applicable Laws, Regulations, Ordinances, Texas Tech System Regents’ Rules, and Texas

Tech Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of Texas Tech. Texas Tech Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and Texas Tech System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. Texas Tech System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

1.12 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, Texas Tech’s General Terms and Conditions contained in the RFP, as well as the Texas Tech Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by Texas Tech. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, Texas Tech, at its sole discretion, may review and, if deemed in Texas Tech’s best interest, disqualify the Proposal from consideration.

1.13 Right of Rejection

This RFP does not commit Texas Tech to select a Proposer or to award a Contract to any Proposer. Texas Tech reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by Texas Tech and is subject to rejection. Texas Tech shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by Texas Tech, at its option, regardless of the time of detection. Texas Tech shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Contractor from future Texas Tech Solicitations.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 1, 2022 Page 8 of 18

Texas Tech has the right to reissue this RFP in order to gain additional competitive Proposals. If Texas Tech reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal.

Texas Tech reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

1.14 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Assistant Vice President and Chief Procurement Officer, or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for Goods or Services. Proposals shall be valid for Texas Tech’s acceptance for a minimum of two hundred and seventy (270) days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

1.15 Use and Disclosure of Information

Proposers acknowledge that Texas Tech is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by Texas Tech only for purposes related to or arising out of the (a) evaluation of Proposals,

(b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, Texas Tech in its sole discretion may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

Texas Tech reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

1.16 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that Texas Tech may procure Goods or Services for itself or on behalf of any Texas Tech System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of Texas TechS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

1.17 E-commerce

Texas Tech utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any Texas Tech requirements for participating in electronic commerce.

1.18 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Chief Procurement Officer.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. February 1, 2022 Page 9 of 18

However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals.

Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by Texas Tech, which shall be based on Proposer’s submittal in writing of a reason acceptable to Texas Tech.

1.19 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless Texas Tech, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at Texas Tech, as detailed in this RFP.

1.20 Digital Signature

Proposers must sign documents and correspondence using software approved by the Texas Tech. To be approved by Texas Tech, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. Texas Tech utilizes Adobe Sign for its signature process. Texas Tech will support other digital signature platforms as long as they comply with this policy.

1.21 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

Texas Tech in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which Texas Tech maintains.

1.21.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability Workers Compensation (Coverage A) Statutory Employer’s Liability (Coverage B) $1,000,000 Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles) Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

1.21.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

1.21.2.1 If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required http://www.texas-statutes.com/insurance-code

Rev. February 1, 2022 Page 10 of 18 occurrence limit.

1.21.2.2 Contractor will name Texas Tech, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

1.21.2.3 The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

1.21.3 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring Texas Tech. With the exception of the Workers' Compensation policy, Texas Tech must be an additional insured on all policies.

1.21.4 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to Texas Tech, certifying that the Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement Services at procurement.insurance@ttu.edu. Failure of Texas Tech to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

1.21.5 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to Texas Tech. If the Contractor fails to obtain such an insurance policy, Texas Tech may immediately terminate the Contract after providing the Contractor with notice of such termination.

mailto:procurement.insurance@ttu.edu

Rev. February 1, 2022 Page 11 of 18

SECTION 2

SCOPE OF WORK

2.1 Objectives

2.1.1 Proposals in response to this RFP for Retail Natural Gas Services (“Services”) are to be based on supplying

100% of the natural gas capacity and requirements for each component institution facility (Texas Tech University and Texas Tech University Health Sciences Center (collectively, “Texas Tech”), and/or providing the Transportation and Delivery. The delivery points for natural gas shall be the respective natural gas meters at each of the facilities agreed on by Texas Tech and any other means that Texas Tech may initiate, acquire, activate, or add during the term of the Master Agreement, and which list may be specified, supplemented, or amended by Texas Tech in Texas Tech’s sole discretion.

2.1.2 Proposer(s) will note in the Proposer’s Response Form (Attachment A) if responding to provide Services and/or the Transportation and Delivery of natural gas to Texas Tech.

2.1.3 A list of Texas Tech’s meters (“Meter List”) is available to licensed (or lawfully enabled) Service providers at

Texas Tech’s sole discretion, upon written request made to the Phase One Point of Contact. Submission of prices is not required during Phase One of this RFP. Those Proposers that are qualified through the evaluation process will then be invited to submit prices in Phase Two on an as-needed basis.

2.1.4 Texas Tech seeks experienced, financially strong, and fully capable Proposers committed to supplying Services to its facilities. Proposers should provide supporting documentation to demonstrate these qualities, including, but not limited to, the following information:

Natural Gas

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

b) Please clearly state any pressure factor adjustment in the contract. The factor will vary depending on the location.

c) Provide a description of the ownership structure of the Proposer that will be supplying the Services and any affiliates doing business in Texas;

d) Provide the Public Utility Commission of Texas (“PUCT”) Certification Number and the date of certification (or,

e) if applicable, other documentation of legal ability to provide Services to Texas Tech);

f) Submit evidence of financial capability to provide Services (which may be based on, e.g., credit-grade information provided, or based on publicly available financial documents made available or cross-referenced in the Proposal);

g) Provide a summary of retail experience in the Texas market, including a summary of the current customer base and natural gas load being served;

h) Detail the invoicing and payment options, and the specific option(s) offered to Texas Tech, 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 (see Invoicing and Payment section below for Texas Tech-specific requirements);

i) Describe the online portal and reporting capabilities that would be available to Texas Tech to allow them to view and download historical usage and invoicing for each meter;

j) Provide a sample invoice(s) and online portal data;

k) Submit a proposed Natural Gas Master Service Agreement in WORD version, which must also include

ALL attachments, exhibits, and cover sheets (compliance with this subsection is very important). NOTE:

all Master Agreements must be compliant with the State of Texas laws. Texas Tech may disqualify any Proposer or cancel any Master Agreement if the Proposer cannot agree to the State of Texas contract provisions;

l) Provide at least five (5) references of current customers of similar size and meter count that may be contacted, preferably customers that are either an institution of higher education, municipality, other type of political subdivision, or a state or federal agency;

m) Detail any Energy Conservation opportunities provided by the Proposer. Proposer shall include examples of financial and non-financial benefits that have been delivered to customers and detail any costs of

Rev. February 1, 2022 Page 12 of 18 participating in the opportunities (the cost information will be evaluated in Phase Two);

n) Provide resumes of key team members who would be involved during the quotation process and, if selected, resumes of members involved and responsible for contract compliance during the specified Master Agreement term;

o) Provide details of the level of customer care that will be provided, including names, e-mail addresses, and phone numbers available twenty-four (24) hours per day three hundred and sixty-five (365) days per year plus one (1) day for a leap year;

p) Provide information on any complaints filed with the PUCT in the past twenty-four (24) months against the Proposer, how many such complaints were filed, and how such complaints were resolved; and

q) Texas Tech reserves the right to request, among any other information that Texas Tech may find relevant to ensure the Proposer meets the requirements set forth herein, up to three (3) years of Proposer’s Annual Reports filed with the PUCT, which information contained in such Annual Reports (and any other information requested by Texas Tech) may be used to evaluate the proposals.

If responding to transportation and delivery:

a) Provide details on proposed delivery pipeline;

b) Provide proposed delivery pressure base;

c) Submit proposed pricing index; and

d) Detail if the Proposer is part of the North American Energy Standards Board (NAESB).

2.2 Marketing and Sponsorship

Texas Tech will also consider marketing and sponsorship opportunities in the evaluation process. The Proposer shall include information with the Phase One Proposal outlining all marketing and sponsorship options. Any financial amounts will be considered for evaluation in Phase Two. All marketing and sponsorship shall align with the strategic needs and requirements of Texas Tech’s goals and objectives through the Office of the President.

All Proposers awarded a Master Agreement shall only engage in marketing and sponsorship with Texas Tech institutions through the Office of the President or their designee. Any other sponsorship agreement with any other Texas Tech department, college, or organization will be considered a breach of contract, and Texas Tech shall have the right to cancel the Master Agreement. This includes any sponsorship or marketing through any third-party group

(ex. Learfield).

2.3 Natural Gas Billing, Payment, and Customer Service

2.3.1 Invoices for Services shall contain, at a minimum for each meter, the monthly usage, rates, and charges for each transportation charge, and rates and charges for the PUCT Assessment and the grossed receipts tax (“GRT”), if applicable, for each meter. Any additional charges shall be clearly described and justified. A sample invoice must be included with the Proposal submission.

2.3.2 Invoices for Services shall also be available electronically (via e-mail), and Texas Tech 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 natural gas, rates and charges for each transportation charge, and charges for the PUCT Assessment and GRT (by meter), if applicable, via an online database or another appropriate electronic process.

2.3.3 Texas Tech prefers a summary consolidated invoice for Services once monthly at a mutually agreeable time of the month and documented in the Master Agreement.

2.3.4 Texas Tech 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).

2.3.5 Additional Important Invoicing Requirements: The selected Proposers must be willing and able, and are contractually obligated, to provide each month: (1) a consolidated invoice for all Texas Tech 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 (energy cost, transportation cost, etc.).

2.3.6 The Proposer shall be able to separate invoices for Texas Tech University locations and Texas Tech University Health Sciences Center locations. Each of the two institutions shall be invoiced separately.

2.3.7 Invoices shall be due and payable no earlier than thirty (30) days from the earlier of the date received or the

Rev. February 1, 2022 Page 13 of 18 date of the invoice unless there is a dispute. However, Texas Tech is specifically interested in and receptive to Proposals for early payment discounts, to the extent that early payment discounts are permitted by law. In addition, Texas Tech may also be able to pay more promptly if the Proposer accepts the following payment types:

Automated Clearing House (“ACH”) transaction Single-Use Account (“SUA”) card (JP Morgan)

2.3.8 The selected Proposer shall provide the name and direct contact information for a customer service representative assigned to address Texas Tech’s questions or issues with Services or billing at all times during the term of the Master Agreement. Upon written notice, including via e-mail, to Texas Tech of any such changes, the selected Proposer may change the customer service representative from time to time to the extent agreed on by Texas Tech and the Proposer.

2.4 Natural Gas Pricing

2.4.1 In Phase Two of the RFP, the qualified Proposers that are awarded a Master Agreement from Phase One will work directly with Texas Tech and Tradition Energy (Texas Tech’s third-party representative) going through multiple rounds of pricing quotes. Elements that will be addressed in Phase Two include, but are not limited to:

• Natural Gas Usage;

• Term;

• Bandwidth;

• Early Termination;

• Ancillary Costs; and

• Value Added Services.

• Eligibility for Award of Master Agreement

2.4.2 Responsible Proposers, at a minimum, must meet the following requirements:

a) Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting Master Agreement;

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

c) Have a satisfactory record of past performance;

d) Have the necessary personnel and management capability to perform the Services required and requested;

e) Be qualified as an established firm regularly engaged in the type of business necessary to fulfill the contractual requirements;

f) Be able to commit to the Affirmation and Conflict of Interest disclosure; and

g) Be otherwise qualified and eligible to receive a Master Agreement award under applicable laws and regulations.

2.5 Value Added

2.5.1 The Proposer may submit a Proposal for other value-added Services. Value-added Services may be considered in the Phase One evaluation.

Rev. February 1, 2022 Page 14 of 18

SECTION 3

EVALUATION AND AWARD PROCESS

3.1 Evaluation Process

Texas Tech will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of Texas Tech, and the judgment in this regard shall be considered final. Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to Texas Tech.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, Texas Tech may consider:

1. The purchase price;

2. The reputation of the Contractor and of the Contractor’s Goods or Services;

3. The quality of the Contractor’s Goods or Services;

4. The extent to which the Goods or Services meet the Texas Tech’s needs;

5. The Contractor’s past relationship with Texas Tech;

6. The impact on the ability of Texas Tech to comply with laws and rules relating to Historically Underutilized

Businesses and to the Procurement of Goods or Services from Persons with disabilities;

7. The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

8. Any other relevant factor that a private business entity would consider in selecting a Contractor; and

9. The use of material in construction or repair to real property that is not proprietary to a single vendor unless

Texas Tech provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that some subjective judgments must be made by Texas Tech during the awarding of evaluation criteria points.

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet Texas Tech’s requirements and provide the Best Value to Texas Tech. The Proposal shall be awarded points to each of the following evaluation criteria.

The evaluation for Phase One will be based on the following:

Qualifications of the Proposer ........................................................................................................................ 30 points

Quality of resources available for delivering the Services............................................................................ 15 points Availability of Proposer’s personnel, equipment, or facilities ............................................................ 15 points Ability, capacity, and skill of Proposer to provide the Services and meet demand ................................. 30 points Sufficiency of financial resources to perform or provide the Services ...................................................... 10 points

The evaluation for Phase Two will be based on the following:

Total costs (pricing and value-added costs) ................................................................................................... 25 points Qualifications of the Proposer ........................................................................................................................ 10 points

Value-added options (benefits) ........................................................................................................................ 25 points Quality of resources available for delivering the Services ........................................................................... 10 points Availability of Proposer’s personnel, equipment, or facilities ............................................................ 10 points Ability, capacity, and skill of Proposer to provide the Services and meet demand ................................. 15 points Sufficiency of financial resources to perform or provide the Services ........................................................ 5 points

3.4 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0 -10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be

TOTAL

points

TOTAL

points

Rev. February 1, 2022 Page 15 of 18 summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

3.5 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the Proposal information to Texas Tech.

3.6 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.7 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at Texas Tech’s sole option and discretion, Texas Tech may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.8 Best and Final Offer

When deemed appropriate by the Contract Review Team, after the submission of Proposals but before the final selection of the successful Proposal(s), Texas Tech may permit Proposers to revise their Proposals in order for Texas Tech to obtain a best and final offer. Texas Tech is not bound to accept the best and final offer if it does not represent the Best Value to Texas Tech as determined by the Contract Review Team.

3.9 Protest Procedures

Any actual or prospective Proposer or Contractor who believes they have been aggrieved in connection with the

Solicitation, evaluation, or Award of a Contract may formally protest to the Chief Procurement Officer.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

3.10 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, and a written Contract (if applicable).

When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

Rev. February 1, 2022 Page 16 of 18

APPENDIX A

DEFINITIONS

Addendum: A written change, addition, alteration, correction, or revision to a Solicitation document or a Contract.

Amendment: An agreed addition to, deletion from, correction, or modification of a Contract signed by all authorized parties. An Amendment may include renewal or extension of a Contract.

Assignment: An authorized legal transfer of contractual rights from one party to another party.

Award: The act of accepting a Bid, Proposal, or Offer, thereby resulting in a Contract or Purchase Order between Texas Tech and the Contractor.

Best Value: The factors to be considered in determining the best overall value for Texas Tech per Texas Education Code §51.9335(b).

Comptroller: The Texas Comptroller of Public Accounts.

Conflict of Interest: A Conflict of Interest refers to a situation in which an employee's financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of influencing, the Texas Tech employee's judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to Texas Tech (see Texas Tech OP 10.20).

Contract: A legally binding written agreement executed between Texas Tech and a second party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to, letter agreements, cooperative agreements, memorandums of understanding ("MOU"), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders (see Regents’ Rules Chapter 07).

Contract Administration: Following the contract award, the Texas Tech requesting department-level actions to oversee full compliance with all of the terms and conditions contained within a Contract.

Contract Administrator: The Contract Administrator is the department-level individual responsible for adherence to all provisions contained within a Contract and for managing the performance of the Contract.

Contract Close-out: The process conducted upon completion of the Contract during which the Contract Administrator confirms and documents compliance with the terms and conditions of the Contract, final deliverables are received, and outstanding payments processed.

Contract Management: The complete…