Scattergood Generating Station Units 1 _ 2 Green Hydrogen-Ready Modernization Project.pdf

RFP

Request for Proposal for Scattergood Generating Station Units 1 & 2 Green

Hydrogen-Ready Modernization Project

RFP Number: 90815R1

Release Date: July 2, 2026 i

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

RFP NO. 90815R1

SECTION ONE – INSTRUCTIONS TO PROPOSERS

1.0 Introduction

2.0 Acronyms and Definitions

3.0 Good Faith Effort & Disadvantaged Business Enterprises

4.0 Communications and Interpretation of RFP Documents

5.0 Anticipated Procurement Schedule

6.0 Pre-Proposal Meeting and Site Visit

7.0 CIP-013 Cyber Security Risk Management

8.0 Reserved

9.0 Mandatory Compliance Documents

10.0 Courtesy Review of Mandatory Compliance Documents

11.0 Addenda

12.0 Modifications and Alternative Proposals

13.0 Errors or Omissions in Proposals

14.0 Withdrawal of Proposal

15.0 Additional Information Required Upon Request

16.0 Award Procedures

17.0 Protest Procedure

18.0 Public Disclosure Requirements

19.0 Post Award Debriefing

20.0 Post Award Administration

21.0 Non-Disclosure Agreement and Certification

SECTION TWO – PROPOSAL REQUIREMENTS

1.0 Proposal Submittal

2.0 Proposal Format

3.0 Proposal Organization and Content

4.0 Validity of Proposals

5.0 Proposer Checklist

SECTION THREE – EVALUATION PROCESS

SECTION FOUR – RESERVED

SECTION FIVE – DRAFT AGREEMENT

Exhibit A Statement of Work Exhibit B Submittal Schedule Exhibit C Preliminary Schedule Exhibit D Schedule of Values Exhibit E Project Labor Agreement ii

Exhibit F Fee Schedule Exhibit G Liquidated Damages Exhibit H List of Key Contractor Personnel Exhibit I List of Subcontractors Exhibit J LADWP Permits Exhibit K Environmental Requirements Exhibit L LADWP Quality Management General Exhibit M Performance Testing Requirements Exhibit N Commissioning Requirements Exhibit O Final Completion Required Documentation and Records Exhibit P Drafting Requirements Exhibit Q LADWP’s Training Program Requirements Exhibit R Spare Parts Exhibit S Construction Meeting Agenda and Meeting Protocols Exhibit T Reserved Exhibit U Contract Insurance Requirements – LADWP Exhibit V Site Specific Environment, Health Safety Plan Exhibit W Allowable Travel Expenses Exhibit X Power System Critical Facilities Background Screening Requirement Exhibit Y Confidentiality Agreement for LADWP Proprietary Information Exhibit Z Additional LADWP Forms

SECTION SIX – COMPLIANCE REQUIREMENTS AND FORMS

Appendix A Reserved

Appendix B Fee Schedule Appendix C Certification of Compliance with Child Support Obligations Appendix D Equal Benefits Ordinance Compliance Affidavit Appendix E Pledge of Compliance with Contractor Responsibility and

Responsibility Questionnaire Appendix F Living Wage Ordinance Appendix G CEC Form 50 – Bidder Certification Appendix H Business Tax Registration Certificate Application Appendix I Request for Taxpayer Identification Number and Certification

(Form W-9) Appendix J Contract Insurance Requirements – Department of Water and

Power Appendix K CEC Form 55 – Prohibited Contributors (Bidders) Appendix L Non-Discrimination and Equal Employment Practices and

Affirmative Action Program Appendix M Iran Contracting Act of 2010 Appendix N Power System Critical Facilities Background Screening

Requirement Appendix O Confidentiality Agreement for LADWP Proprietary Information Appendix P Safety Compliance Certificate

Appendix Q Notice of Use of Former LADWP Employees Appendix R Proposer Exceptions iii

Appendix S Bid Bond, Performance Bond, and Labor and Material Bond Appendix T Confidentiality and Non-Disclosure Agreement Appendix U Certification Regarding Receipt of Agreement and Non-Disclosure of Confidential Information Appendix V Vendor Cyber Risk (CIP-013) Certification Instructions

SECTION SEVEN – GOOD FAITH EFFORTS - COMPLIANCE REQUIREMENTS AND

FORMS

SECTION ONE

INSTRUCTIONS TO PROPOSERS

RFP No. 90815R1 Page I-1

SECTION ONE – INSTRUCTIONS TO PROPOSERS

1.0 INTRODUCTION

The Los Angeles Department of Water and Power (LADWP) is soliciting proposals for Scattergood Generating Station Units 1 & 2 Green Hydrogen-Ready Modernization Project. The duration of the contract is expected to be five years with the budget range of $700,000,000 to $800,000,000. LADWP intends to award one agreement. This Request for Proposal (RFP) No. 90815R1 sets forth the requirements as follows:

LADWP is pursuing a Progressive-Design-Build (PDB) contract for a green hydrogen‐ ready, one-plus-one combined cycle, and balance of plant equipment at Scattergood Generating Station (SGS) for electric power generation. The proposed project will replace the capacity of SGS Units 1 and 2 and will have a maximum generation capacity of 346 MW gross and 333 MW net. The Contractor shall furnish, deliver, and install the combined-cycle power plant capable of utilizing minimum 30 percent “green” hydrogen fuel by the date of commercial operation. Additionally, the Contractor shall be responsible for site construction management, environmental compliance, material management, schedule control, cost control, interface system work, quality control, training, and a site safety program. The Contractor shall provide technical services to oversee the site construction, commissioning, and performance testing of the equipment to ensure successful completion of the project.

The final evaluation of this RFP is subject to Los Angeles City Council comments and approval of the associated design build ordinance. If the Los Angeles City Council requires any modifications to the RFP, such modifications will be provided to all Proposers through an addendum to the RFP and all Proposers will be given an opportunity to respond to such changes, if necessary. Proposals will remain sealed until such changes and final approval have been received.

Each proposal shall be accompanied by a certified or cashier’s check or a surety bond issued by a responsible corporate surety company in an amount not less than 10 percent of the aggregate sum of the proposal, as guarantee that the Proposer will execute the agreement if awarded. Said cashier’s check or bond shall be forfeited if a proposal is accepted and the proposer fails to execute the contract. Refer to Appendix S – Bid Bond, Performance Bond, and Labor and Material Bond for details.

The minimum requirements for this effort are as follows:

Contractor shall be CIP-013 Certified at time of proposal submittal.

Please see Appendix V Vendor Cyber Risk (CIP-013) Certification Instructions in Section 6 of the RFP.

Proposers who do not meet the minimum requirements indicated by the proposal due date will be deemed non-responsive and excluded from further evaluation.

RFP No. 90815R1 Page I-2

LADWP employs the electronic-Request-Solicit-Procure (eRSP) online purchasing system for both the posting of Bids/RFPs and receiving Bid/Proposal documents.

LADWP expressly reserves the right to reject any or all Proposals, to investigate the qualifications and experience of any Proposer, to reject any conditions or exceptions in any Proposal, to reissue a revised RFP, request a Best and Final Offer (BAFO), request verification of labor rates, overhead rates, or any other proposed amount to ensure fair and reasonable pricing, negotiate with any, all or none of the proposers, waive informalities, minor irregularities and discrepancies, and award a Contract without interviews, discussions or negotiations. LADWP may award one or more contracts in response to this solicitation. LADWP may cancel this RFP at any time. LADWP is not responsible for any costs incurred by Proposers in the preparation and presentation of Proposals submitted in response to this RFP.

The submission of a Proposal shall constitute an acknowledgement that the Proposer has thoroughly examined and is familiar with the RFP, the attachments, the addenda (if any), and has reviewed and inspected all applicable laws, regulations, ordinances, and resolutions dealing with or related to this procurement. The failure or neglect of a Proposer to examine such documents, laws, regulations, ordinances, or resolutions shall in no way relieve the Proposer from any obligations with respect to the contract issued as a result of this RFP. LADWP fully expects consultants to provide a comprehensive solution that meets or exceeds all requirements as stated in this RFP.

LADWP is the largest municipal water and power utility in the nation. It was established more than 100 years ago to deliver reliable, safe water and electricity to approximately 4 million residents and businesses in Los Angeles.

Currently, LADWP provides its 681,000 water customers and 1.5 million electric customers with quality service at competitive prices. A five-member Board of Water and Power Commissioners establishes policy for LADWP. The Board members are appointed by the Mayor and confirmed by the City Council for five-year terms.

2.0 ACRONYMS AND DEFINITIONS

ACC: Air-Cooled Condenser

AE: Architect/Engineer

AGC: Automation Generation Control

ASV: Automatic Stop Valve

Best and Final Offer (BAFO): A BAFO may be requested from finalists at LADWP’s sole discretion. This process will allow Proposers to make any final adjustments or clarifications to their proposals, and/or submit a revised pricing proposal. If LADWP elects to conduct a best and final process, a

RFP No. 90815R1 Page I-3 separate set of instructions will be provided at that time. Proposers are cautioned that the BAFO is optional, at the sole discretion of LADWP. Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or cost proposals.

BMP: Best Management Practice

Bid: Synonymous with proposal

Bidder: The person, firm, corporation, partnership, or joint venture submitting a proposal in accordance with this

RFP.

Board: The Los Angeles Department of Water and Power

Board of Commissioners.

Contract Administrator (CA): Unless specified otherwise in the RFP, the CA shall refer to an LADWP employee who is assigned to administer contracts and manage projects derived from this RFP.

BOP: Balance of Plant

CAB: Crushed Aggregate Base

CCW: Closed Cooling Water

CEMS: Continuous Emission Monitoring Systems

CES: Corporate Environmental Services

CF: Chemical Feed

CG: Compressed Gas

Contractor: Synonymous with Consultant/Proposer.

CPM: Construction Project Management

CTG: Combustion Turbine Generator

CTP: Combustion Turbine Piping

DB: Design-Builder

RFP No. 90815R1 Page I-4

DCS: Distributed Control System

Declared Emergency: An emergency declared by the General Manager of

LADWP and communicated by the Contract Administrator or his/her representative, which may include business disruptions and natural disasters.

Director of Supply Chain Services Division: The Director of Supply Chain Services or the appointed designee.

DSM: Demand Side Management

DW: Demineralized Water

ECC: LADWP Energy Control Center

EIR: Environmental Impact Report

ERS: Electrical Repair Services (LADWP Group) eRSP: electronic-Request-Solicit-Procure is LADWP’s electronic bidding system

FG: Fuel Gas

FP: Fire Protection

HHV: Higher Heating Value (of fuel, natural gas)

HMI: Human Machine Interface

IA: Instrumentation Air

JFB: John Ferraro Building kV: Kilovolt

LADWP: Los Angeles Department of Water and Power. Also referred to as the “Department.”

LCI: Load Commuted Inverter

LDC: Load Demand Control

LHV: Lower Heating Value (of fuel, natural gas)

RFP No. 90815R1 Page I-5

Mandatory: A requirement that must be satisfied. Failure to comply with a mandatory requirement will lead to the disqualification of the Proposer’s proposal.

MMRP: Mitigation Monitoring and Reporting Program

MRS: Mechanical Repair Services (LADWP Group)

NFPA: National Fire Protection Association

NPDES: National Pollutant Discharge Elimination System

NTP: Notice to Proceed

Offeror: Synonymous with Bidder.

OPGW: Optical Ground Wire

OTC: Once Through Cooling

PCO: Potential Change Order

PD: Plant Drains and Disposal

PDB: Progressive-Design-Build

PDF: Portable Document Format

PEECC: Packaged Electrical and Electronic Control

Compartment

PLC: Programmable Logic Card

PM: Project Manager

PMC: Prime Mover Contractor

Proposer: Synonymous with Bidder.

PST: Pacific Standard Time

PW: Potable Water

Q & A: Question and Answer functionality in eRSP system

QC: Quality Control

RFP No. 90815R1 Page I-6

RATA: Relative Accuracy Test Audit

RCA: Root Cause Analysis

Respondents: Synonymous with Bidder.

RFP: Request for Proposal

RMP: Risk Management Program

RMR: Reliability Must Run

ROM: Rough Order of Magnitude (estimate for product or service)

SCADA: Supervisory Controls and Data Acquisition

SOW: Statement of Work

SPP: Systems Planning & Projects

Subcontractor: A person, firm, corporation, partnership, or joint venture other than the Contractor and employees thereof, who supplies labor or materials on a portion of the work. Also, synonymous with Subconsultant.

SW: Service Water

SWPPP: Storm Water Pollution Prevention Plan

TTD: Terminal Temperature Difference

WD: Wastewater Disposal

3.0 GOOD FAITH EFFORT & DISADVANTAGE BUSINESS ENTERPRISES

All bidders shall make good faith efforts to reach out to Disadvantaged Business Enterprises (DBEs), Women-Owned Business Enterprises (WBEs), Minority-Owned Business Enterprises (MBEs), and Other Business Enterprises (OBEs). The Disadvantaged Business Enterprise (DBE) and Good Faith Effort (GFE) provisions constitute a requirement of this contract regardless of the number or kind of subcontractors a bidder may ultimately retain. If a bidder ultimately elects to perform all work under the contract through the bidder’s own resources, without employing any subcontractors, it is nevertheless required that the bidder make good faith efforts as specified in Section 5 (Draft Agreement) of this RFP.

RFP No. 90815R1 Page I-7

4.0 COMMUNICATION AND INTERPRETATION OF RFP DOCUMENTS

The key contact person responsible for the conduct of this RFP is:

Buyer/Title: R Albert Juanico/Utility Buyer Email: SCS4Purchasing@ladwp.com

Any verbal or written communications between any Proposer (potential or actual), or its representatives and any LADWP Commissioner, employee, or contracted consultant regarding this procurement are strictly prohibited from the date of RFP advertisement through the date of the execution of the contract, with the exception of negotiations or discussions initiated by LADWP during the evaluation process. Any violation of the requirements set forth in this Section may constitute grounds for immediate disqualification of the offending firm from participation in this procurement.

All questions, inquiries, concerns, clarifications, noted discrepancies or omissions in the RFP documents shall be submitted using the electronic-Request-Solicit Procure (eRSP) system through the Q & A feature. Requests for addenda, interpretation, or clarification shall be received by LADWP on or before the question or request for clarification deadline listed in Paragraph 5.0, Anticipated Procurement Schedule.

Any interpretation of or change in the documents will be made only by addendum issued electronically using the eRSP system. LADWP recommends all Proposers to visit the abovementioned eRSP Q & A feature on a regular basis as the responses may be posted earlier than the posting due date. LADWP will not be responsible for any other explanation or interpretations.

5.0 ANTICIPATED PROCUREMENT SCHEDULE

LADWP will make every effort to adhere to the schedule below. However, LADWP reserves the right, at its sole discretion, to adjust the RFP Schedule as it deems necessary.

No. Activity Time Date 1 RFP Release July 2, 2026

2 Pre-Proposal Meeting

9:00 AM

PST

July 21, 2026

3 Site Visit

9:00 AM

PST

July 22, 2026

Deadline for Submittal of Questions or Requests for Clarification

September 11, 2026

Deadline for LADWP to Post Responses to Received Questions and Requests for Clarification on eRSP

September 18, 2026

RFP No. 90815R1 Page I-8

No. Activity Time Date

5 Proposal Due Date/Time 2:00PM PST September 30, 2026

Oral Interviews/Exercises/Demonstrations (if necessary)

October 2026

7 Proposal Review Completion November

8 Clarification [and/or Negotiation] Period January 2027 9 Notice of Intent to Award January 2027

Recommendation of Award to the Board of Water and Power Commissioners

February

11 Issue Notice to Proceed April 2027

6.0 OPTIONAL PRE-PROPOSAL MEETING AND SITE VISIT

An optional pre-proposal meeting and site visit will be conducted to provide an overview of the RFP. The purpose of this meeting is to allow each Proposer to review the RFP with the LADWP project team. Attendance at this meeting is not mandatory, but highly recommended for all Proposers. To obtain the greatest benefit of the meeting, Proposers are strongly encouraged to send their direct supervisory personnel /critical project team members (in lieu of business development or sales personnel).

The Pre-Proposal Meeting will be held at:

Date/Time: Tuesday, July 21, 2026 at 9:00AM Pacific Time (PT) Address: 111 North Hope St, Los Angeles, CA 90012 Building/Room Location: Auditorium

Meeting Link:

https://teams.microsoft.com/meet/22920070725724?p=RkuRnxKT0A8azgz09P Meeting ID: 229 200 707 257 24 Meeting password: ZE95xF7K

Dail in by Phone:

+1 323-433-2408,,971256853# Phone Conference ID: 971 256 853#

For coordination purposes, please email the Buyer the: name(s), phone number(s), and email(s) of those individuals that will be attending the meeting and site visit.

Participation in the pre-proposal meeting can be accomplished in person and/or via virtual meeting. Questions may be submitted prior to the meeting through the Q & A feature in eRSP. Information presented at the meeting which is not included in the original RFP may not be relied upon unless incorporated by addenda.

RFP No. 90815R1 Page I-9

Proposers are requested to limit attendance to two people from each company. If additional representation is required, notification should be made to LADWP so that appropriate accommodation can be arranged. Proposers will be directed to the meeting location(s) at the Security desk, located in the LADWP lobby. Visitors to the JFB must be screened by LADWP Security which includes the presentation of photo identification and passage through a metal detector. Parking will not be provided at the JFB.

If attendance at the meeting is to be accomplished virtually, individuals who attend must identify themselves as participants in the virtual meeting in order to receive credit for attendance. Virtual meeting participation is not allowed if a site visit is included as a part of the pre-proposal meeting.

Note: The person who will be attending the pre-proposal meeting is strongly encouraged to disseminate and convey all information discussed at the pre-proposal meeting to the appropriate staff member(s) who will be responsible for preparing and submitting the proposal.

The Optional Site Visit will be held at:

Date/Time: Wednesday, July 22, 2026 at 9:00AM Pacific Time (PT) Address: 685 W Grand Ave, Playa Del Rey, California 90296 Building/Room Location: Meeting Grand Avenue Entrance Gate 10

Participation in the pre-proposal site visit will be accomplished in person. Proposers are requested to limit attendance to two personnel from each company. If additional representation is required, notification should be made to LADWP so that appropriate accommodations can be arranged.

For coordination purposes, please email the Buyer the name(s), phone number(s), and email(s) of those individuals who will be attending the site visit.

Attendees are required to bring and wear the following personal protective equipment (PPE): safety hard hat, safety glasses, and sturdy substantial footwear (closed toe shoes). Attendees who do not have the appropriate PPE will not be allowed to participate in the site visit.

7.0 CIP-013 CYBER SECURITY RISK MANAGEMENT

Services to be performed under this RFP are subject to provisions of North American Electric Reliability Corporation (NERC) Reliability Standard CIP-013 (Cyber Security – Supply Chain Risk Management). The successful proposer shall comply with SC 25 - CIP-013 Cyber Security Risk Management, as outlined in the Special Conditions, of Section Five (Draft Agreement) of this RFP.

8.0 RESERVED

RFP No. 90815R1 Page I-10

9.0 MANDATORY COMPLIANCE DOCUMENTS

Failure to complete, sign, and submit the Mandatory Compliance Documents listed in this paragraph will lead to the disqualification of a firm’s proposal. The following forms and/or programs are applicable to every contract regardless of anticipated contract dollar value.

Appendix E Responsibility Questionnaire Appendix G CEC Form 50 – Bidder Certification Appendix K CEC Form 55 – Prohibited Contributors (Bidders)

Please review these documents very carefully for accuracy and completeness, prior to submittal. Additional requirements which are specific to contract dollar value are addressed in Section Six – Compliance Requirements and Forms.

10.0 COURTESY REVIEW OF MANDATORY COMPLIANCE DOCUMENTS

In an effort to improve the “responsiveness of bids” related to the mandatory compliance documents listed in the above section (Section 9.0, Mandatory Compliance Documents), LADWP offers a courtesy review of such forms for completeness, accuracy, and required signature(s) before the RFP closing date. Interested Proposers may send completed and signed copies of the following forms via email to ccsdocs@ladwp.com.

Appendix E Responsibility Questionnaire Appendix G CEC Form 50 – Bidder Certification Appendix K CEC Form 55 – Prohibited Contributors (Bidders)

The Proposer shall NOT send documents other than copies of the mandatory compliance documents indicated above.

To allow sufficient time for a courtesy review of such documents and subsequent feedback to Proposers, the email for a courtesy review request shall be received by LADWP no later than 48-hours (excluding weekend and holidays) before the RFP closing date and time. Proposers are encouraged to take advantage of LADWP’s courtesy review of the mandatory compliance documents indicated above as early in the bidding process as possible.

When submitting forms to LADWP for a courtesy review, the Proposer shall enter the “RFP Number” and “Title of the RFP” in the subject line of the email. The Proposer shall ultimately be responsible for the accuracy, completeness, and signature requirement(s) of all mandatory compliance documents submitted with the proposal. The Proposer is required to submit the mandatory compliance forms with the proposal after the courtesy review has been completed.

All other questions, inquiries, or correspondence regarding this RFP shall be submitted through the eRSP system.

RFP No. 90815R1 Page I-11

11.0 ADDENDA

LADWP may issue addenda to make changes to the RFP, changes to the scope, respond to any questions, or provide clarification to information stated within the RFP.

All written/published addenda shall become part of this RFP, and must be considered by the Proposer in its proposal. All other communications are unofficial and non-binding.

Addenda related to this RFP will be issued via the eRSP system. Proposers must acknowledge receipt of all addenda issued by LADWP in their Letter of Transmittal (Proposal Requirements). If an addendum is issued amending this RFP, all provisions that are not modified remain unchanged.

12.0 MODIFICATIONS AND ALTERNATIVE PROPOSALS

Proposers are cautioned to limit exceptions, conditions, and limitations to the provisions of this RFP as they may be determined to be so fundamental as to cause rejection of the proposal for not responding to the requirements of the RFP. All exceptions MUST be included in Proposer Exceptions to technical requirements and terms and conditions of Agreement, in accordance with Paragraph 3.0, Proposal Organization and Content, of Section Two. Only exceptions included in such table may be considered. Exceptions noted anywhere else in Proposers’ proposal will not be considered and will not be part of any resulting agreement, if any.

Proposers submitting conforming proposals may submit alternate proposals to this RFP as complete separate offers, if the alternate proposals offer technical improvements or modifications that are to the overall benefit of LADWP. LADWP reserves the right to accept or reject any alternate proposal. Oral or telephonic proposals and/or modifications shall not be considered.

13.0 ERRORS OR OMISSIONS IN PROPOSALS

LADWP will not be liable for any errors or omissions in consultant proposals.

Consultants will not be allowed to alter proposals after the proposal due date without permission from LADWP.

14.0 WITHDRAWAL OF PROPOSAL

A Proposer by means of a written request, signed by the Proposer’s Representative, may withdraw a proposal. Such written request shall be delivered to the Buyer identified in the RFP prior to contract approval by the General Manager or appropriate LADWP Board.

RFP No. 90815R1 Page I-12

15.0 ADDITIONAL INFORMATION REQUIRED UPON REQUEST

A detailed cost/price analysis may be requested of the Proposer in order to determine if the price proposed is fair and reasonable. If LADWP determines that a cost analysis is necessary, the Proposer must be prepared to provide, upon request, summaries of estimated costs and documentation supporting all cost elements.

16.0 AWARD PROCEDURES

The Proposer recommended for award will be notified when the recommendation of award will be acted upon by the LADWP Board of Commissioners. All recommendations for award approved by the LADWP Board of Commissioners in an amount greater than $150,000 or that exceed a 12-month period are subject to review by the Los Angeles City Council, and an award of contract will not be final until such review process has been completed. The successful bidder will be notified, in writing, when such review process has been completed, and of the award date of the contract. No payment can be made for action taken or work started prior to the award date of the contract, execution of bonds and insurance if applicable, and any other requirements that may be imposed by the terms of the contract.

The term of the contract will commence on the date of issuance by LADWP to contractor of the Notice to Proceed and expire no later than five years from the Contract effective date, subject to other termination provisions contained within the Contract Documents. LADWP anticipates that the term may be extended in the event that the Equipment Supply obligation of the contractor cannot be performed within the original term despite the contractor's best efforts. Any extension of the term will be at LADWP's discretion.

17.0 PROTEST PROCEDURE

The intent of this procedure is to provide a process for proposers to formally express any concerns with the content of the solicitation documents or a contract award.

In order for a protest to be considered, the Protestor shall adhere to LADWP’s Protest Procedure by providing a written submission which shall contain, at a minimum, the following elements:

1. Name and address of the Protestor;

2. Its relationship to the procurement sufficient to establish that the Protest is being filed by an Interested Party;

Note: An Interested Party means a prospective or actual proposer whose direct economic interest would be affected by the solicitation contents or by the award of a contract or by the failure to award a contract. Interested parties do not include subconsultants or suppliers of an actual or prospective proposer, or joint venture members acting independently of a joint venture.

3. Written proof that the Protest has been filed in a timely manner;

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4. The specific RFP number and title identified in the solicitation;

5. The specific staff action or inaction that is being protested;

6. If the Protest is regarding the content of the solicitation documents, identify the provision(s) of the solicitation that is being protested (Content);

7. All supporting documentation to support the allegations in the Protest; and

8. Statement of specific relief being requested. All protests shall be filed in writing to:

DIRECTOR OF SUPPLY CHAIN SERVICES

LOS ANGELES DEPARTMENT OF WATER AND POWER

111 NORTH HOPE STREET, ROOM L-43

LOS ANGELES, CA 90012

EMAIL: scsprotests@ladwp.com

At the Protestor’s discretion, a protest may be filed by email (with original hard copy by express mail or by any other receipt means). LADWP is not responsible for lost or otherwise delayed deliveries. No other location or addresses shall be acceptable.

Appeals addressed to the attention of the LADWP General Manager (GM) for Board award shall be delivered to the above listed address for date and time stamping.

The Protestor may withdraw its Protest or Appeal at any time before LADWP issues a final decision.

17.1 PROTEST REGARDING CONTENT OF SOLICITATION DOCUMENTS

To be considered timely, Protests concerning the contents of an RFP, including all attached documents, shall be filed with LADWP within seven (7) calendar days after the advertisement of the solicitation by LADWP, or three (3) calendar days from the issuance of any addendum to the RFP. The Protest shall be received not later than 4:00 p.m. local time. If the due date falls on a weekend or legal holiday, the Protest period ends at 4:00 p.m. local time the following business day. Protests not filed within the time limits stated herein may be rejected without consideration or evaluation.

LADWP will issue a written decision on the Protest for content prior to the RFP closing or submission of proposals.

17.2 PROTESTS REGARDING AWARD

Any proposer in the course of a competitive solicitation who is determined non-responsive or who is otherwise not being recommended for award of a contract may protest the solicitation award.

Protests concerning a recommendation for award, on any ground not based on the content of the RFP, shall be filed with LADWP by an Interested Party within seven (7) calendar days of the date of the notice of a recommended award or non-select letter. The Protest shall be received not later than 4:00 p.m. local time.

RFP No. 90815R1 Page I-14

If the calendar day falls on a weekend or legal holiday, the protest period ends at 4:00 p.m. local time the following business day. Protests not filed within the time limits stated herein may be rejected without consideration or evaluation.

17.3 PROTEST APPEAL PROCEDURE

Appeals for contracts awarded by the Board of Water and Power Commissioners shall be submitted to the LADWP GM within five (5) calendar days from the date the denial of the Protest was emailed or faxed to the Protestor. The Appellant will be provided with final determination made by the LADWP GM.

17.4 FAILURE TO COMPLY WITH REQUIREMENTS

If the Protest does not comply with any of the preceding requirements, it may not be considered for evaluation and may be returned to the Protestor who submitted the written documentation.

18.0 PUBLIC DISCLOSURE REQUIREMENTS

All documents submitted in response to the RFP will become a matter of public record and shall be thereupon considered public records. If a bidder believes that any portion of its proposal is exempt from public disclosure, such portion shall be clearly marked “Trade Secret,” “Confidential,” or “Proprietary.” By submitting information with portions marked in this manner, the bidder represents that it has a good faith belief that such material is exempt from disclosure under the California Public Records Act, California Government Code §§ 6250, et. seq. A bidder that indiscriminately marks all or most of its proposal as exempt from disclosure as a public record, whether by notations of “Trade Secret,” “Confidential,” “Proprietary,” or otherwise, may render the proposal non-responsive and will be rejected. LADWP will not provide advice as to the nature or content of documents to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definitions of “Trade Secret,” “Confidential” or “Proprietary.”

LADWP is not liable or responsible for the disclosure of records marked “Trade Secret,” “Confidential” or “Proprietary,” including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of LADWP or its Board, officers, representatives, assigns, successors, employees or agents. At such time as proposals are deemed a matter of public record, pursuant to the above, any bidder or member of the public shall be afforded access for inspection or copying of such proposals, by request made to LADWP in compliance with the California Public Records Act.

The bidder shall agree to reimburse LADWP for, and to indemnify, defend and hold harmless LADWP, its Board, officers, representatives, assigns, successors, fiduciaries, employees and agents from and against any and all claims, damages, losses, liabilities, suits, judgments, causes of action, demands, fines, penalties, costs and expenses including without limitation, attorney’s fees, expenses and court costs of any nature

RFP No. 90815R1 Page I-15 whatsoever arising from or relating to LADWP’s non-disclosure of any such designated portions of a proposal if disclosure is deemed required by law or court order.

Additionally, LADWP may request that the bidder directly defend any action for disclosure of any information marked “Trade Secret,” “Confidential,” “Proprietary,” or otherwise; if the bidder refuses to do so after requested by LADWP’s sole option, LADWP may release those parts of the proposal so marked without any liability whatsoever to the proposer.

19.0 POST-AWARD DEBRIEFING

Within 30 calendar days after execution and delivery of the contract, upon written request to the LADWP buyer of record, LADWP will be available for an oral debriefing session for an unsuccessful Proposer. The debriefing will be limited to the debriefed Proposer’s overall ranking, the strengths and weaknesses of its Proposal, and answer questions regarding the selection process. Debriefings shall not include a point-by-point comparison of the debriefed Proposer’s proposal with the other proposals.

20.0 POST-AWARD ADMINISTRATION

LADWP has established a post-award contractor evaluation program that requires performance monitoring and reporting. LADWP will monitor the performance of the proposer selected for contract award to ensure compliance with contract terms and performance expectations. A record of this performance may be used for evaluation purpose in future solicitations.

LADWP’s Contractor Performance Evaluation Program (CPEP) can be found at the following web address under Contractor Performance Evaluation Program:

https://www.ladwp.com/ladwp/faces/ladwp/partners/p-vendorsandbidders

21.0 NON-DISCLOSURE AGREEMENT AND CERTIFICATION

Proposers must complete and submit the Confidentiality and Non-Disclosure Agreement (Appendix T) and the Certification Regarding Receipt of Agreement and Non- Disclosure of Confidential Information (Appendix U) in Section Six of this RFP to the Buyer via email to RAlbertg.Juanico@ladwp.com in order to receive access to Technical Sections and Attachments of Exhibit A Statement of Work of this RFP. LADWP will not be responsible for the Proposer’s delay or failure to meet or complete this requirement.

END OF SECTION ONE

SECTION TWO

PROPOSAL REQUIREMENTS

RFP No. 90815R1 Page II-1

SECTION TWO – PROPOSAL REQUIREMENTS

1.0 PROPOSAL SUBMITTAL

All proposals are due at the date and time specified in Paragraph 5.0, Anticipated Procurement Schedule in Section One. Proposals shall be submitted in accordance with the requirements set in this document. Any proposal that does not adhere to the requirements in this RFP may be deemed non-responsive and rejected.

Proposer shall submit an electronic proposal as outlined below. Late proposals will not be accepted. Please ensure you allow adequate time for uploading your proposal onto eRSP.

All materials submitted shall become a part of the proposal, and may be incorporated in a subsequent contract between LADWP and the selected Proposer.

Electronic Proposal Requirements:

Submit completed proposal in eRSP system prior to the proposal closing date and time.

o Upload Fee Schedule separately and include “confidential” in the file name.

o Do not submit Form W-9 (Appendix I) with proposal. Instructions on submission will be emailed to the contact person(s) listed in the Proposal’s Letter of Transmittal after the proposal due date and time.

All files must be titled with the ‘RFP Number + Subject + Proposer Name’.

For Example: “RFP 90815R1 Proposal ABC Consultant”. DO NOT password protect any files uploaded to eRSP. Your proposal may be deemed non-responsive if it is password protected.

Proposers may submit one or multiple files. However, each file size must not be greater than 24 mb (megabytes).

Proposals submitted via electronic mail (email), facsimile, or hardcopy will not be accepted.

2.0 PROPOSAL FORMAT

All responses/submittals to this RFP shall be made in accordance with the format as outlined below:

Written in the English language.

All pages consecutively numbered with a Table of Contents.

Prepared simply and without the inclusion of unnecessary promotional materials.

All files must be in Adobe PDF, Microsoft Word or Microsoft Excel format.

RFP No. 90815R1 Page II-2

Must be formatted to 8 ½ ” x 11” Letter size with 1” left, top, bottom and right margins. Use of oversized formatting for large tables, charts, or diagrams is permissible.

Must be single-spaced with a minimum font size of eleven.

Required Proposal Forms shall be included as part of the Appendices. Proposer shall use only the proposal forms in this RFP and may not modify or change any proposal form.

3.0 PROPOSAL ORGANIZATION AND CONTENT

Proposals shall be organized and titled as follows:

Letter of Transmittal

Volume I – Design-Builder’s Qualifications

Chapter 1 Proposer’s Qualification and Experience (Twenty-Five page limit) References

Chapter 2 Safety Violation and Training Records for Proposers

Volume II – Project-Specific Qualifications

Chapter 1 Organizational/Management Approach to Work (Ten-page limit)

Chapter 2 Qualifications of Key Personnel (Two-page limit per personnel) Key Personnel References

Chapter 3 Quality Assurance (QA) and Quality Control (QC) Program

Chapter 4 Brownfield Site Coordination and Execution Plan

Chapter 5 Proposal Schedule and Control Methods

Volume III – Technical Proposal

Chapter 1 Technical Approach (Twenty-Five-page limit)

Chapter 2 Commissioning Plan and System Startup Requirements

Chapter 3 Safety and Training Program

Chapter 4 Permit Compliance and Approach

RFP No. 90815R1 Page II-3

The following detailed proposal instructions are provided to ensure a consistent and detailed description of the Proposer’s approach and the associated price.

A. Letter of Transmittal — This letter shall accompany all proposals and must meet the following requirements:

1. A brief statement of the Design-Builder’s understanding of the work to be performed and commitment to perform the work as outlined in the RFP.

2. A reference to any contractual terms and conditions required by the Design-Builder.

3. The names of individuals authorized to represent the Design-Builder, the titles, addresses, telephone numbers and email addresses.

4. Proposers must include a statement certifying receipt of all addenda issued by LADWP related to this RFP or attach an acknowledgement thereof.

5. A corporate officer or person who is authorized to represent the company must sign this letter on behalf of the Proposer.

B. Volume I – Design-Builder’s Qualifications

1. Proposer's Qualifications, Experience, and References

a. Qualifications and Experience – Information shall include but not be limited to the following:

i. Provide a description of similar or related services performed by the Design-Builder in the past 10 years. Identify similar generating facilities that the Proposer has furnished and delivered materials or has provided progressive design-build

Chapter 5 Compliance Matrix to Technical Requirements

Volume IV – Business Proposal

Chapter 1 Fee Schedule (Appendix B) Submit as a separate PDF file.

Chapter 2 Exceptions to Technical Requirements and Terms and Conditions of Agreement (Appendix R) Submit as a separate Word file.

Chapter 3 Good Faith Efforts Requirements and Compliance Requirements and Forms included in Section Six and Section Seven

Chapter 4 Financial Resources and Responsibility

RFP No. 90815R1 Page II-4 services. Include the following information for each Facility provided (Twenty-five-page limit): [Instruction to Buyers:

Verify that the page limit matches the prior table]

1. Name, description and address of plant

2. Date placed in commercial operation

3. Capacity (net MWs)

4. Description of work performed

ii. Proposer’s current relevant business and professional licenses applicable to the project and the services requested. The license information shall include the classification, identifying registration number, state of registration, expiration date, and the firm and/or individual name(s) under the registration number.

b. References – Proposer is required to provide a minimum of three references from previous clients as outlined below. The maximum number of references shall not exceed five.

Proposer is responsible for providing data from past clients/references/users (herein referred to as ‘client’) for relevant work similar in size and complexity to tasks described in the statement of work and submitting this information with the proposal package.

The following details shall be taken into consideration when providing references:

Identify a list of client references and provide the following Client Name:

Project Name:

Location (City/State):

Duration (Months):

Date Completed:

Project Size ($):

Scope of Services (Brief description):

The past projects/services MUST be 100 percent complete.

Proposer’s references shall not be any third-party representatives of Proposer’s client (such as contractors, consultants, designers, architects/engineers, etc.).

Note: LADWP reserves the right to contact Proposers’ clients to verify past performance.

The choice of the reference project/client and designated point-of contact is critical to accurately evaluate the Proposer’s past

RFP No. 90815R1 Page II-5 performance. Accordingly, Proposer is encouraged to carefully select an informed and objective point-of-contact for each reference and provide LADWP with the most current data. Before including any person as a point-of-contact, verify the accuracy, currency, and completeness of the point-of-contact’s mailing address, email address, telephone number, and that the point-of-contact is willing to cooperate in this evaluation effort. The inability to reach any of the Proposer’s references contact or their unwillingness to provide the requested information may adversely affect the evaluation.

Proposer may be given the opportunity to address unsatisfactory reports of past performance, and the Proposer’s response, or lack thereof, may be taken into consideration prior to award, if any.

To assess Proposer’s performance risk, LADWP reserves the right to obtain information and reference from sources other than those submitted by Proposer.

2. Safety Violation and Training Records for Proposers — Each Proposer shall provide the lost time accidents frequency rates for construction work they have performed, the Proposer’s Insurance Modifier Rate and the final OSHA and CAL OSHA reports for the reportable construction accidents that have occurred within the past five (5) years. The Proposer shall submit his or her documented corporate records to assure his or her personnel have had safety and training programs that comply with OSHA CFR 1910 requirements and Cal OSHA Title 8 Standards for determining qualified employees working in the proximity of energized facilities along with apprentice and journeymen training records for the project personnel.

All Proposers bidding on the Project shall also provide an acceptable safety record and demonstrate their capacity to maintain and make available a skilled labor force. For the purpose of this section, a Proposer’s “safety record” shall be deemed “acceptable” if their experience modification rate for the most recent three-year period is an average of 1.0 or less and their average total recordable injury/illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category.

For the purpose of this section, “skilled labor force availability” shall mean compliance with California Labor Code Section 1777.5.

C. Volume II – Project-Specific Qualifications

1. Organizational/Management Approach to the Work – For both Phase 1 and Phase 2 of the Project, the Proposer shall include its organizational approach for the proposed team, including the roles and management of subcontractors, and an organization chart that identifies overall reporting structures. The approach to risk management and process for escalating issues within the Proposer's organization and LADWP should be

RFP No. 90815R1 Page II-6 identified. Provide information that is detailed enough to demonstrate that the Proposer has the project management skills to deliver the required project on time. Approach shall detail what reporting (including frequency) will be made available to LADWP and how LADWP will be afforded visibility into Contractor performance. Transition and disengagement procedures should be addressed for work, including work handed off to LADWP, with all such approaches and procedures applying from Notice to Proceed (NTP) to Substantial Completion. (Ten-page limit)

2. Proposer’s Key Personnel

a. Qualifications of Key Personnel — For both Phase 1 and Phase 2 of the Project, provide a summary of qualifications and experience of proposed key personnel. Include key subcontractor personnel as applicable and indicate whether the Proposer intends to utilize subcontractors to perform any portion of the services under the contract. Key Personnel include those identified in this section and any additional personnel identified by the Proposer as essential to the performance of the Statement of Work. Key personnel information shall include but not be limited to the following (Two-page limit per personnel):

i. Relevant qualifications and experience of the prime contractor and proposed subcontractors’ corporate personnel.

ii. Specific experience of key personnel in technical and non-technical fields required to successfully complete the tasks set forth in the Project.

iii. Specific experience of subcontractors in technical and nontechnical fields required to successfully complete the tasks set forth in the Project.

iv. Appropriateness of staffing levels and staffing assignments.

Key personnel shall include, but not limited to, the following classifications:

1. Project Director

2. Site Improvements Manager

3. Construction Manager

4. Project Manager

5. Safety Manager

6. Startup Manager

7. Quality Manager

RFP No. 90815R1 Page II-7

8. Equipment Manager

9. Engineering Project Manager

10. Lead Mechanical Engineer

11. Lead Civil/Structural Engineer

12. Lead Electrical Engineer

13. Lead I&C Engineer

14. Hydrogen Engineer and/or Technical Expert

b. Key Personnel References — Proposer must provide a minimum of three relevant references for each team member identified as key personnel. References should be on similar projects or services that closely match the size, complexity, and tasks described in the statement of work in this RFP. References must be from the end-client or users of the project or service, and not third-party consultants or owner’s representatives. LADWP may contact these references to gather information about their experiences and satisfaction with the ability of the key personnel identified to deliver high quality work. Note: Multiple key personnel can use the same 'references' provided that they were assigned to those projects in their current roles.

LADWP reserves the right to contact these references at any time, LADWP also reserves the right to seek other verifications as necessary and additional references independent of those supplied by the Proposer, including internal references in relation to the Proposer and any subcontractor’s performance under any past or current contracts with LADWP.

State whether Proposer will use subcontractors to perform services pursuant to the contract. Should the use of subcontractors be offered, provide the resumes of subcontractor key personnel.

Subcontractors shall not be allowed to further subcontract with others for work on this Statement of Work.

3. Quality Assurance (QA) and Quality Control (QC) Program — Proposer shall submit a Draft Project Specific QA and QC Program, for both Phase 1 and Phase 2 of the Project. The Draft QA and QC Program shall provide a detailed description of methods that will be employed to monitor and control project quality and compliance with Agreement requirements, with a focus on quality and workmanship for the entire Project lifecycle. The program should demonstrate the authority and independent decision making of the Quality Manager.

4. Brownfield Site Coordination and Execution Plan — This project involves work at an existing brownfield facility, and the Proposer shall provide a detailed plan outlining how they will coordinate and efficiently complete the

RFP No. 90815R1 Page II-8 work within the constraints of the operating power plant and energized switchyard.

5. Proposal Schedule and Control Methods — Proposals shall include a

Level II Project Schedule per the Agreement requirements of GC-51 and based on the Preliminary Schedule requirements provided in Exhibit C.

The Proposer shall provide a detailed description of methods that will be employed to monitor and control project cost, project schedule, project quality and compliance with Agreement requirements. Describe specifically the monitoring processes and tools, the controls process and tools, and Proposer’s standard recovery processes and tools. Identify the software programs that will be used.

D. Volume III – Technical Proposal

1. Technical Approach- Provide sufficient information to demonstrate the

Proposer’s understanding of the Project requirements. The Proposer must comprehensively describe the approach to provide all deliverables pertaining to Phase 1 and Phase 2 while meeting Project…