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HomeMy WebLinkAboutRFP - 9729 GRID FLEXIBILITY SERVICES Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing REQUEST FOR PROPOSAL (RFP) GRID FLEXIBILITY SERVICES RFP # 9729 RFP DUE: 3:00 PM MPT, March 24, 2023 RFP 9729 Grid Flexibility Services Page 2 of 18 The City of Fort Collins Utilities (“Utilities”) is requesting proposals from qualified firms for “turn- key” grid flexibility services, encompassing the whole set of services, from a Service Provider- hosted software platform to “turn-key” solution program management, customer care, program implementation and field services. This solution will be critical to distribution utility operations as we strive toward our 2030 goals and beyond. As part of Utilities’ commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. Pre-proposal Meeting: A pre-proposal meeting will be held at 3:00PM Mountain Prevailing Time on February 15, 2023. The pre-proposal meeting will be hosted on-line via Teams. Select or copy/paste the link below into your browser for access to the meeting. Please enter your name, organization, and email address in the Teams chat. Please click the link below to join the meeting: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 227 683 947 210 Passcode: 9Pj2Ly Download Teams | Join on the web Learn More | Meeting options Questions: All questions should be submitted, in writing via email, to Ashley Parker, Purchasing Manager, at asparker@fcgov.com, with a copy to Pablo Bauleo, Project Manager, at pbauleo@fcgov.com, no later than 3:00 PM Mountain Prevailing Time on February 24, 2023. Please format your e-mail to include RFP 9729 Grid Flexibility Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E- Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet: A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of- fort- collins. This RFP has been posted utilizing the following Commodity Code(s): 20800 Computer Software for Microcomputers, Systems, including Cloud-Based 20810 Accounting/Financial: Bookkeeping, Billing and Invoicing, Budgeting, Payroll, Taxes, etc. 20820 Business Software, Misc.: Agenda, Labels, Mail List, Planning, Scheduling, etc. 20836 Data Processing Software, Microcomputer 20911 Accounting/Financial: Bookkeeping, Billing and Invoicing, Budgeting, Payroll, Taxes, etc. RFP 9729 Grid Flexibility Services Page 3 of 18 Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Utilities strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. Utilities also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, Utilities strictly prohibit unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. Utilities requires its Service Providers to comply with Utilities policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party Contractors and their subcontractors at every tier. Public Viewing Copy: Utilities is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by Utilities pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Service Providers must provide a supplemental document explaining the justification for each redaction. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such a statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by Utilities. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waives all claims for damages against Utilities for Utilities good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Service Providers Registration: Utilities require new Service Providers receiving awards from Utilities to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form, and the Service Provider Direct Deposit Authorization Form can be found on Utilities Purchasing website at www.fcgov.com/purchasing under Service Provider Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. Utilities may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. RFP 9729 Grid Flexibility Services Page 4 of 18 Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to Utilities of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with Utilities. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any item of monetary value from any person who has or is seeking to do business with Utilities of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive, or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. Utilities reserves the right to reject all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: Utilities reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on Utilities in the current term or in any future terms. Data Ownership: The City of Fort Collins will own all right, title and interest in its data that is related to the services provided. All data obtained by the Service Provider in the performance of these services shall become and remain the property of the City. The Service Provider will not share or distribute any City data to any other entity without the expressed written consent of the City. Sincerely, Gerry Paul Purchasing Director RFP 9729 Grid Flexibility Services Page 5 of 18 1.0 GENERAL SUMMARY OF RFP ................................................................................................... 7 1.1 BACKGROUND ........................................................................................................................ 7 1.2 UTILITIES SYSTEMS OVERVIEW ........................................................................................... 7 1.3 OBJECTIVE ............................................................................................................................. 7 1.4 SCOPE SUMMARY .................................................................................................................. 7 1.5 MINIMUM REQUIREMENTS .................................................................................................... 9 2.0 PROPOSAL SUBMITTAL INSTRUCTIONS ................................................................................10 2.1 RFP QUESTIONS ...................................................................................................................10 2.2 ADDENDA ...............................................................................................................................10 2.3 GENERAL INSTRUCTIONS ....................................................................................................10 2.4 PROPOSAL FORMAT .............................................................................................................10 2.5 PROPOSAL SUBMISSION REQUIREMENTS ........................................................................11 3.0 SCHEDULE OF EVENTS ...........................................................................................................12 3.1 KEY ACTIVITY DATES ...........................................................................................................12 3.2 PRE-PROPOSAL CONFERENCE CONDUCTED ...................................................................12 3.3 SERVICE PROVIDERS’ WRITTEN RFP CLARIFICATION REQUESTS DUE .........................12 3.4 PROPOSAL ADDENDA ..........................................................................................................12 3.5 PROPOSALS DUE ..................................................................................................................12 3.6 DEMONSTRATION & ORAL PRESENTATION (TENTATIVE) ................................................12 3.7 PROPOSAL EVALUATION .....................................................................................................13 3.7.1 Evaluation Criteria .............................................................................................................13 4.0 POLICIES GOVERNING THE PROCUREMENT PROCESS ......................................................14 4.1 BASIS FOR PROPOSAL .........................................................................................................14 4.2 TERMS AND CONDITIONS ....................................................................................................14 4.3 SIGNING OF PROPOSALS .....................................................................................................14 4.4 COST OF PROPOSAL ............................................................................................................14 4.5 CONFLICT OF INTEREST, NON-COLLUSION AND ANTI-LOBBYING ...................................14 4.6 CONFIDENTIALITY, MATERIALS SUBMITTED AND OWNERSHIP OF PROPOSALS ..........15 4.7 DISQUALIFICATION OR REJECTION OF PROPOSALS ........................................................15 4.8 RIGHT TO WAIVE PROPOSAL IRREGULARITIES ................................................................15 4.9 RFP IRREGULARITIES ...........................................................................................................16 4.10 PRIOR AGREEMENTS .........................................................................................................16 Table of Contents RFP 9729 Grid Flexibility Services Page 6 of 18 4.11 WITHDRAWAL OF PROPOSALS ..........................................................................................16 4.12 AMENDING OF PROPOSALS ...............................................................................................16 4.14 PROPOSAL OFFER FIRM ....................................................................................................16 4.15 EXCEPTIONS TO RFP SPECIFICATIONS ...........................................................................16 4.16 CONSIDERATION OF PROPOSALS ....................................................................................17 4.17 AWARD OF CONTRACT .......................................................................................................17 5.0 ATTACHMENT LISTING .............................................................................................................18 RFP 9729 Grid Flexibility Services Page 7 of 18 1.0 GENERAL SUMMARY OF RFP 1.1 BACKGROUND Fort Collins is a community of approximately 175,000 residents and includes a mix of light industrial, health care, and government businesses. The City of Fort Collins has adopted aspirational climate goals of carbon footprint reduction of 50% by 2026, 80% by 2030 and carbon neutral by 2050 with an implementation framework articulated in the Our Climate Future (OCF) plan. OCF also identifies several targets specifically addressing Utilities operations. Fort Collins Utilities established the target for decarbonization of the electric grid with a goal of achieving 100% renewable electricity by 2030, with 5% of community electricity coming from local sources. Platte River Power Authority (Platte River), our Joint Action Agency, has similar goals for rapid decarbonization of energy resources, which together prioritizes the need for substantial growth of distributed energy resources (DERs). Fort Collins also has a policy goal to achieve bi-directional grid flexibility of 5% of peak loads, or about 20 MW by 2030.  1.2 UTILITIES SYSTEMS OVERVIEW Fort Collins Utilities (Utilities) serves an urban environment of approximately 50 square miles, and it has approximately 2000 miles of underground service lines. Fort Collins has transitioned all its electric customers to Advanced Metering Infrastructure (AMI) or “smart” meters to collect detailed 15-minute interval data for approximately 77,000 electrical accounts. At least 65,000 of the installed electric meters have a Zigbee SEP 1.1 radio on them. The net electric system peak is approximately 320 MW, and Fort Collins has approximately 25 MW of distributed generation installed. Loads are split approximately equally between residential, commercial and industrial sectors. Utilities has had demand response programs since the 1980’s. The current Distributed Energy Resources Management System (DERMS) serves thermostats (Direct Install and Bring Your Own Thermostat - BYOT-, water heaters (Grid Interactive and standard), includes OpenADR (VTN and VEN roles) and IEEE 2030.5 functionality. Additionally, the DERMS has an integration supporting managed charging for connected EVs and an integration with our AMI Head-End to facilitate provisioning of Zigbee In- Home Displays with residential meters. 1.3 OBJECTIVE Utilities is requesting proposals from qualified Service Providers to provide “turn-key” grid flexibility services, encompassing the whole set of services, from a vendor-hosted software platform to “turn- key” solution program management, customer care, program implementation, and field services. This solution will be critical to distribution utility operations as we strive toward our 2030 goals and beyond. While the Service Provider may submit a proposal that utilizes products and/or services from several sub- contractors, Utilities is requiring that the Service Provider assume primary responsibility as the single point of contact regarding the completion of the solution implementation effort under the direction of Utilities. 1.4 SCOPE SUMMARY Utilities has summarized the Scope of Work for this project below and provides further detail RFP 9729 Grid Flexibility Services Page 8 of 18 about its desired solution in Attachment A – Response Form. Utilities is requesting a solution for services that includes the below. While the following list identifies several services that are anticipated to be required, it may not be all-inclusive of the types of services to be performed. • Vendor-hosted DERMS • Program Management services to implement customer programs including marketing, program enrollment, installation services, etc. • 24/7 Customer Care Services (call center, field services) • Detailed functionality requirements below. • Reporting and Data Access Solution The DERMS must be able to manage the following general types of DERs and support the listed communication standards and functionality. Additional detail on the current and forecast numbers of devices are summarized in Attachment B – Current and Future State Devices. • Direct installed Wi-Fi thermostats  • BYOT Thermostats  • Direct installed switches for standard electric water heaters  • Grid Interactive Water Heaters   • Zigbee commissioning/decommissioning capabilities for Home Energy Monitors (see below for AMI platform details)  • Certified OpenADR 2.0b Head-End (VTN) for Large Commercial customers and aggregators  • OpenADR 2.0a End Node (VEN) functionality to receive signals from “upstream” systems (Regional Transmission Organization (RTO), Advanced Distribution Management System (ADMS), and others)  • Certified IEEE 2030.5 server for batteries and photovoltaic inverters  • Charge management capabilities for Electric Vehicles   • Residential stationary batteries (via IEEE 2030.5)  • Commercial batteries (via IEEE 2030.5 or OpenADR)  Utilities utilizes the following enterprise solutions, and the Service Provider platform is likely to be integrated with most, if not all, of them:    • AMI Platform:  Honeywell Connexo NetSense version 11 with plans to upgrade to version 12 in 2023  • Meter Data Management System (MDMS) Platform: Siemens Energy IP Version 7.2, moving to 9.0 in 2023  • ADMS Platform: Platform will likely be replaced in late 2023. • Customer Information System (CIS) Platform: Hansen Banner, with a mix of the following versions: 4.0, 4.0SP2 and 4.1. This platform is likely to be replaced in late 2023.  • Supervisory control and data acquisition (SCADA) Platform: eSCADA PRI 10.60.215.53   RFP 9729 Grid Flexibility Services Page 9 of 18 • Enterprise Service Bus: Next Axiom Version 10.5.0.1 - middleware used to integrate AMI and MDMS.  The selected DERMS platform will not operate in isolation but rather in coordination with the regional needs from our generation entity, Platte River. Therefore, the platform should be able to receive information and commands from other DERMS and/or ADMS to operate resources either for vertical value (Platte River initiated events) or for distribution value (FCU ADMS). The platform also should be able to provide statuses, telemetries, and grid flexibility forecasts to any and all “northbound” platforms, i.e., Platte River DERMS, FCU ADMS or others’ platforms not yet identified.  1.5 MINIMUM REQUIREMENTS Utilities expects the proposed solution will meet the following minimum requirements and that each of these requirements will be included in and clearly addressed as part of the proposal. In reviewing these minimum requirements, Service Providers should consider each item’s relevance to the specific solution or service being proposed and, if not relevant, explain the reasons. Service Providers will complete Section 2.3 of Attachment A – Response Form with the following minimum requirements. Proposals may be rejected at the sole discretion of Utilities if they do not meet these minimum requirements: 1. The proposed Solution is a current Commercial Off-the-Shelf (COTS) Distributed Energy Resources Management System (DERMS) fully implemented (i.e., not in the implementation phase) at a minimum of three (3) electric utilities in the United States or Canada serving at least 100,000 active accounts per utility and having been implemented within the last five (5) years. 2. The proposed Solution supports dispatching capabilities of end-use resources (thermostats, standard water heater, batteries, electric vehicles, grid interactive water heaters) for grid flexibility purposes. 3. The proposed Solution includes charging management capabilities for electric vehicles. 4. The proposed Solution includes at least one (1) brand of direct install of Wi-Fi thermostats. 5. The proposed Solution includes at least two (2) brands of Bring Your Own Thermostat (BYOT) vendors. 6. The proposed Solution includes direct install of cellular-based switches for standard water heaters. 7. The proposed Solution includes direct install of grid interactive water heaters. 8. The proposed Solution includes IEEE 2030.5 server capabilities. 9. The proposed Solution includes OpenADR 2.0b VTN capabilities. 10. The proposed Solution includes marketing and customer care capabilities. 11. The proposed Solution supports machine-to-machine dispatch of events from an external platform. 12. The proposed Solution supports machine-to-machine export of telemetries and/or other reports to an external platform. RFP 9729 Grid Flexibility Services Page 10 of 18 2.0 PROPOSAL SUBMITTAL INSTRUCTIONS 2.1 RFP QUESTIONS Failure on the part of Service Provider to conduct a careful examination of the RFP documents or to investigate thoroughly the conditions of the RFP shall not be grounds for a declaration that the Service Provider did not understand the RFP package. All questions should be submitted in writing via email to asparker@fcgov.com and pbauleo@fcgov.com before the deadline stated on the RFP cover sheet. Prospective Service Providers should note that all questions should be resolved prior to the submission of a proposal. 2.2 ADDENDA Utilities shall not be responsible for any oral instructions given by any employees, officials, advisors, or agents of Utilities regarding the proposal instructions, specifications, or proposal documents as described in this RFP. All questions submitted by the stated deadline will be answered via an Addenda posted on RMEPS. 2.3 GENERAL INSTRUCTIONS In case of conflicts between these RFP documents and those of the Service Provider not marked as directed, the RFP documents shall govern. All conflicts should be clearly explained by the Service Provider. Pages contained within this RFP package should not be electronically altered. The Service Provider will define the capabilities of its organization to design, implement, maintain, and support the solution components as outlined within this RFP. Each proposal submitted must clearly identify each recommended solution. The Service Provider should segment their proposal responses as referenced below: 1. The RFP response should be prepared in a simple and straightforward manner, using the table format contained within Attachment A - Response Form. Add additional rows to the tables as required. 2. In the question response, please do not refer to previously answered questions and do not refer to other documents (except to elaborate Service Provider response). Service Providers are expected to examine the entire RFP including all attachments, specifications, standard provisions, and instructions. 2.4 PROPOSAL FORMAT Service Providers must use and complete Attachment A - Response Form to this RFP, as their proposal, both in form, sequence, and materially. Proposals should be straightforward, concise, and provide “layman” explanations of all terms that are used in Attachment A – Response Form. Service Provider responses must focus on conforming to the RFP instructions, responding to the RFP questions, and on providing concise descriptions and answers. RFP 9729 Grid Flexibility Services Page 11 of 18 Proposals should be assembled according to the following guidelines: 1. Electronic submission is required through Rocky Mountain E-Purchasing System (RMEPS) 2. Limit total length of proposal to a maximum of two hundred and fifty (250) pages. 3. Page size must be 8 ½ x 11 inches for all PDFs and Attachments (Note: tables and graphics can vary from this requirement.) 4. Proposals must include a Table of Contents listing all sections, figures, and tables. 5. Sections must have a separation page. 6. All sections and pages must be appropriately identified and numbered. 7. For security reasons, embedded hyperlinks will not be accessed or utilized and should not be placed in any proposal. Simply copy the desired information to a PDF and attach it to the proposal. 2.5 PROPOSAL SUBMISSION REQUIREMENTS For the proposal to be considered, one (1) electronic copy of the entire proposal must be submitted in the RMEPS by 3:00 p.m. Mountain Prevailing Time on the date specified. All non- spreadsheet response files must be submitted in the Adobe Portable Document format (*.PDF) or the Microsoft Word format (*.DOCX). Spreadsheet response files must be provided in the *.XLS or the *.XLSX Microsoft Excel formats. Supporting documentation should also be provided in an electronic format. RFP 9729 Grid Flexibility Services Page 12 of 18 3.0 SCHEDULE OF EVENTS Utilities has established the following sequence of events and schedule dates for this RFP process. All activities are further defined below. All dates are subject to change without prior notice. Utilities is not responsible for costs or losses incurred by any Service Provider due to date changes or failure for work to be awarded in whole or in part. 3.1 KEY ACTIVITY DATES ACTIVITY DATE & TIME RFP Issued February 3, 2023 Pre-Proposal Conference Conducted February 15, 2023 Service Providers’ written questions and RFP clarification requests due February 24, 2023 3PM MPT Proposal addendum issued re: written responses to RFP clarification requests March 8, 2023 Proposals due March 24, 2023, 3PM MPT Demonstrations & Oral Presentations (tentative) April 2023 3.2 PRE-PROPOSAL CONFERENCE CONDUCTED Utilities will conduct a pre-proposal Zoom video teleconference at the date and time specified on the cover sheet of this RFP. The purpose of this conference is to provide RFP related information and solicit questions from the Service Provider in a single forum. The pre-proposal conference is non-mandatory, but Service Provider participation is highly recommended. Instructions are contained on the RFP cover sheet. 3.3 SERVICE PROVIDERS’ WRITTEN RFP CLARIFICATION REQUESTS DUE All questions and clarifications regarding the RFP and the process are due in writing via email by the date and time specified on the RFP cover sheet. The Utilities team will review and research each written request in addition to questions raised during the pre-proposal Conference that were not answered. All questions submitted and Utilities responses will be addressed in an Addenda to the RFP and posted on RMEPS. 3.4 PROPOSAL ADDENDA Any changes or corrections to or clarification of this RFP, in addition to the answers to the written clarification requests, will be addressed in an Addenda(s) to the RFP and posted on RMEPS. No changes, corrections or explanations that are presented verbally will be binding. 3.5 PROPOSALS DUE All proposals are due in the format specified previously in Section 2.0 – Proposal Submittal Instructions by 3:00 p.m. Mountain Prevailing Time on the date specified for this event in Section 3.0 – Schedule of Events. 3.6 DEMONSTRATION & ORAL PRESENTATION (TENTATIVE) Based on evaluation of the written proposal, Utilities will develop a “short-list” of Service Providers that they may invite to participate in oral presentations and demonstrations. Service Providers selected for RFP 9729 Grid Flexibility Services Page 13 of 18 this phase of the evaluation process shall be at the City’s sole discretion and is final. If applicable, Service Providers invited by Utilities to participate in the oral presentation and demonstrations are responsible for arranging with the applicable software product Service Provider(s) for the product demonstrations and presentations. The evaluation criteria for the demonstrations and oral presentations will be the same as the criteria for the written evaluations and is included in Section 3.0. Utilities prefer in-person but will also consider Webex, Zoom, or Microsoft Teams or a similar video teleconferencing service. Additional information will be distributed on this topic prior to the specified date. 3.7 PROPOSAL EVALUATION A contract may be awarded to the Service Provider whose proposed solution is determined to be the most advantageous to Utilities. Utilities reserves the right to disqualify any or all proposals during any point of the evaluation process before a final definitive contract is executed. The following evaluation criteria are applied during the process. 3.7.1 Evaluation Criteria Utilities will use a broad range of factors in evaluating the Service Provider’s proposals, demonstrations, and presentations. The categories and corresponding weights for the evaluations are as follows: Qualifications & Experience - 15% • Company Profile • Qualifications & Experience • Financial Stability • Triple Bottom Line/Sustainability Platform Solution – 30% • General Description of the Solution • System Architecture • Load Modeling, Forecast and DER Optimization • Dispatch, Situational Awareness and M&V • End Devices, Registration, Monitoring • Solution Performance and Scalability • Hosted Services Project Approach & Methodology – 20% • Program Delivery Services • Solution Delivery • Safety and Security (Physical and Cyber) Project Cost – 20% • Implementation Costs • Ongoing Costs • Internal Resource Requirements • Agreement templates and exceptions to Special Provisions Demonstrations & Oral Presentations – 15% • Solution Demonstrations • Implementation & Technical Oral Presentations • Reference Checks RFP 9729 Grid Flexibility Services Page 14 of 18 4.0 POLICIES GOVERNING THE PROCUREMENT PROCESS Utilities will consider utilizing the Service Provider’s agreement templates as the framework for the final negotiated contract. Service Providers must submit, as part of their RFP response, any agreement templates it proposes to utilize. At a minimum, Utilities will require the final contract to include certain contract clauses in accordance with Attachment D – Special Provisions. The policies under which this RFP and subsequent proposal shall be made are outlined in this Section 4 and are intended to specify this RFP’s framework to be used by the Service Provider in preparing and submitting the proposal. 4.1 BASIS FOR PROPOSAL Information about Utilities from other sources can be used for background information; however, only information supplied by Utilities in writing through this RFP should be used in the preparation of proposals. If modifications, clarification, or additions to the RFP become necessary, Service Provider will be notified in writing via an Addenda posted on RMEPS. Service Provider must acknowledge all modifications, clarification, or additions by including such documents in the proposal. 4.2 TERMS AND CONDITIONS The Service Provider must submit any agreement templates it proposes to have considered by Utilities. In addition, Service Provider must submit a redlined version of the Special Provisions to document any exceptions and propose alternative language, if applicable. The reasonableness of any proposed agreement templates and the degree of proposed changes to the Special Provisions may be a material factor in the selection of the finalists and contract award. Any proposed contracts applicable to the licensing software or sale of hardware that the Service Provider may provide as part of the overall solution must also be submitted with the proposal. Cases where Service Provider withhold exceptions during the proposal phase but present them during the negotiation phase may be interpreted by Utilities as a case of “bad faith” and may result in the termination of negotiations. 4.3 SIGNING OF PROPOSALS The submission of a proposal within RMEPS indicates the intention of the Service Provider to adhere to the provisions described in this RFP. 4.4 COST OF PROPOSAL Each Service Provider will be responsible for all costs incurred in preparing or responding to this RFP and subsequent activities and contract negotiations. Service Provider shall not submit any requests for reimbursements or invoices for expenses or fees with respect thereto. 4.5 CONFLICT OF INTEREST, NON-COLLUSION AND ANTI-LOBBYING The Service Provider warrants and represents that its officers, employees, or agents have not and will not attempt to lobby or influence a vote or recommendation related to its proposal, directly or indirectly. Should the Service Provider become aware of any collusion or conflict of interest, they will immediately notify the Director of Purchasing at asparker@fcgov.com . RFP 9729 Grid Flexibility Services Page 15 of 18 4.6 CONFIDENTIALITY, MATERIALS SUBMITTED AND OWNERSHIP OF PROPOSALS The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72- 200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such a statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waive all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. All documentation, manuals and ideas submitted by Service Providers shall become the property of Utilities once they are submitted to Utilities. Any material submitted by Service Providers that is to be considered confidential pursuant to CORA must be clearly marked as such and must include all applicable restrictions. No submission or supporting documentation will be returned to Service Provider except as part of a final definitive contract with a successful Service Provider. 4.7 DISQUALIFICATION OR REJECTION OF PROPOSALS UTILITIES RESERVES THE RIGHT TO CANCEL OR MODIFY THE RFP, THE RFP SCHEDULE, AND THE RFP PROCESS AT ANY TIME AS IT DEEMS NECESSARY OR TO COMPLY WITH REGULATORY ORDERS, RULES, REGULATIONS OR GUIDELINES WITHOUT LIABILITY OR OBLIGATION TO ANY SOLUTION PROVIDER. IF MODIFICATIONS, CLARIFICATIONS OR ADDITIONS TO THE RFP BECOME NECESSARY, SERVICE PROVIDERS WILL BE NOTIFIED VIA A WRITTEN ADDENDA POSTED ON RMEPS. UTILITIES RESERVES THE RIGHT TO SELECT THOSE OFFERORS IT DEEMS QUALIFIED AND TO TERMINATE NEGOTIATIONS AT ANY TIME, UP TO AND INCLUDING DURING THE FINAL CONTRACTING PHASE, WITHOUT INCURRING LIABILITY. UTILITIES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL RESPONSES TO THIS RFP AND AT ITS COMPLETE DISCRETION AND WITHOUT EXPLANATION TO THE OFFEROR(S). ASPECTS OF SOLUTION PROVIDER’S PROPOSAL MAY BE SUBJECT TO FURTHER INQUIRY TO SPECIFICALLY DEFINE THE OPERATION OF THE PROJECT, TO ENSURE ADEQUATE FINANCIAL AND CREDIT SUPPORT FOR SOLUTION PROVIDER, TO ENSURE THAT THE PROJECT IS CONSISTENT WITH UTILITIES’ REQUIREMENTS OR FOR ANY OTHER REASON. FURTHER INQUIRY SHALL NOT IMPLY THAT A PROPOSAL WILL BE SELECTED. 4.8 RIGHT TO WAIVE PROPOSAL IRREGULARITIES Proposals may be considered as being "irregular" if they contain any omissions, alterations of form, additions, or conditions not called for, or irregularities of any kind. RFP 9729 Grid Flexibility Services Page 16 of 18 Utilities reserves the right to waive minor irregularities and mandatory requirements and the failure to do so does not otherwise materially affect the RFP process. This right is at the sole discretion of Utilities. 4.9 RFP IRREGULARITIES Service Providers shall not take advantage of any apparent errors or omissions in any document within the RFP package. If any errors or omissions are discovered by a Service Provider, that Service Provider shall notify the Purchasing Manager at asparker@fcgov.com immediately. 4.10 PRIOR AGREEMENTS Any prior agreements between Utilities and each Service Provider related to the subject matter of this RFP will be superseded by an agreement that results from this RFP. Service Provider should ensure that all Proposals are inclusive of or expressly waive any related termination costs that are allowable under the terms of the current agreement. 4.11 WITHDRAWAL OF PROPOSALS Proposals may be withdrawn from RMEPS any time prior to the exact hour and date specified for submission of proposals. 4.12 AMENDING OF PROPOSALS Amended proposals must be submitted in RMEPS before the deadline for submission of Proposals. Such amended proposals must be complete replacements of a previously submitted proposal and must be clearly identified as such. Utilities will not merge, collate, or assemble proposal materials. 4.14 PROPOSAL OFFER FIRM EACH SOLUTION PROVIDER GUARANTEES THAT ITS RESPONSES TO THIS RFP, INCLUDING PROPOSED TERMS AND PRICING, ARE FIRM AND BINDING FOR ONE HUNDRED AND EIGHTY (180) DAYS AFTER THE DUE DATE FOR SUBMISSION OF PROPOSALS OR RECEIPT OF THE LAST BEST AND FINAL OFFER SUBMITTED. ALL PROPOSALS MUST INCLUDE A STATEMENT TO THAT EFFECT. 4.15 EXCEPTIONS TO RFP SPECIFICATIONS Although the specifications stated in the RFP represent Utilities’ anticipated needs, there may be instances where it is in Utilities’ interest to permit exceptions to specifications and accept alternatives. It is imperative that the Service Provider make very clear where exceptions are taken to the specifications and other provisions of the RFP including the City’s Special Provisions. Where exceptions are identified, the Service Provider must state alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of Utilities specifications must be clearly identified as such together with reasons for taking exception and inserted into the proposal. If the Service Provider does not make clear that an exception is being taken, the proposal may be deemed to meet the specification as written. Cases where Service Providers withhold exceptions during the proposal phase but present them during the negotiation phase may be interpreted by Utilities as a case of “bad faith” and may result in the termination of negotiations. RFP 9729 Grid Flexibility Services Page 17 of 18 4.16 CONSIDERATION OF PROPOSALS Until such time as a contract has been awarded, Utilities reserves the right to reject any or all proposals received in response to this RFP without giving any notice or reasons. Utilities also reserves the right to accept any proposal, notwithstanding informalities or irregularities contained in such Proposal. Utilities reserves the right, in its sole discretion, to seek further information from, or clarification of, any proposal submitted by any Service Provider, and to negotiate with any Service Provider, or with more than one Solution provider concurrently, the terms and conditions of Proposals. Utilities is not required to offer any modified terms and conditions to any other Service Provider and Utilities incurs no liability to any Service Provider in exercising its discretion under this paragraph. 4.17 AWARD OF CONTRACT Utilities reserves the right to withhold final action on the proposal for a reasonable time. The award of a contract, if any, shall be based on an evaluation of Proposals by Utilities, through consideration of any criteria deemed important by Utilities in its sole discretion. The proposal containing the lowest price, or any proposal may not necessarily be accepted. Utilities reserves the right, without restriction, of sole discretion in determining the best value and whether any proposal received provides the necessary level of value to the City to result in the awarding of a contract. Utilities’ decision with respect to the selection of the successful proposal(s), if any, will be final. Once the decision has been made and the successful Service Provider, if any, has been notified, Utilities will not accept modified proposals from the unsuccessful Service Providers or requests to reconsider the choice that has been made. The use of subcontractors to perform any component of the RFP must be stated in the proposal and approved by Utilities in writing in advance of providing such services. RFP 9729 Grid Flexibility Services Page 18 of 18 5.0 ATTACHMENT LISTING Attachment A – Response Form Attachment B – Current and Future State Devices Attachment C – Pricing Form Attachment D – Special Provisions Attachment E – Insurance Form Attachment F – Service Provider Acknowledgement Form ***** End of RFP *****