SECTION 1

UC/CSU - RFP 970042
PROVIDER OF DIRECT ACCESS SERVICES
SECTION 1
INTRODUCTION
1.0
Purpose and Intent
The purpose of this Request for Proposals (RFP) is to select one or more Contractors to provide cost-effective
and reliable direct access services to The Regents of the University of California (UC) and The California State
University (CSU), hereinafter collectively referred to as the “Universities”.
The intent of the Universities is to obtain the greatest savings available through the award of contracts to
either a Northern and Southern California contractor or a single statewide contractor. The vendor or
vendors successfully meeting the criteria identified in Section 9 - Evaluation and Award and offering the
best combination of lowest statewide baseline price proposals for a two year term shall be selected as
qualifying finalists. Subsequent to selection, the Universities and the selected vendor(s) shall enter into a 30
day final negotiation period in accordance with the provisions of this RFP.
1.1
Overview of Mandatory Services Required
1.1.1
1.1.2
1.2
Baseline Elements of direct access service - The following mandatory categories of services are defined
as Baseline Elements of direct access service must be offered by the vendor. The services provided must
meet requirements as stated in Section 4.1 and will be part of any subsequent agreement between the
Universities and the Contractor.
1)
Electric Supply Services include, but is not limited to: the procurement and delivery of electric
energy and serving as the Scheduling Coordinator (SC) and Energy Service Provider (ESP) for
the Universities.
2)
Communications include the provision of a means for counting pulse signals to insure electric
consumption data is provided to the Universities.
3)
Required Customer Services include but is not limited to the provision of account
representatives, support for complaint and dispute resolution, and training workshops.
4)
Additional Required Services include the provision of additional services to support existing
interruptible accounts, curtailable loads, cogeneration standby and backup service, and excess
cogeneration sales.
Additional Elements of direct access services - The following additional services as defined in Section
4.2 are considered mandatory and must be offered by the vendor but may be ordered at the sole
discretion of the Universities.
1)
Metering Installation Services and Ongoing Meter Services
2)
Billing and Load Information Services.
Optional Service and Pricing Proposals
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This RFP allows for Vendors, in addition to submitting pricing for the mandatory services described, to propose
one or more alternatively structured services and price proposals which may present a distinct and quantifiable
benefit to the Universities. Alternatives may be offered at the sole option of the vendor and are further identified
in Sections 5 and 6, respectively. They include but are not necessarily limited to:
1.2.1
1.2.2
1.2.3
The submission of proposals for any Contracts for Differences (CFDs) they would offer to the
Universities as an alternative to direct access service.
The identification and offering of "Extended Services" such as expanded demand side management,
substation acquisitions and expansions, and assessment of cogeneration plan operations, etc.
The identification and offering of any enhanced or modified services and/or pricing which are associated
with the scope of the RFP but have not been identified nor anticipated as part of this RFP.
Vendors are advised that any alternative proposals offered in response to this section in no way excuses the
vendor from full compliance with the mandatory requirements of this RFP and that alternative service and pricing
proposals shall not be considered for purposes of evaluation and selection of qualifying finalists.
1.3
Direct Access Service Cost Guarantee
The Universities will proceed with selection of one or more Contractors to provide the services described herein
only if they are assured of a guarantee of savings for each Participating Campus relative to continuing local
Utility Distribution Company (UDC) bundled electric service. Any RFP response that does not contain the
signed Direct Access Service Cost Guarantee contained in Section 8 will not be considered. Based on such
guarantee, the Universities anticipate Eligible Campuses will participate in the direct access services program.
1.4
Direct Access Costs and Charges
The Contractor shall be solely responsible for any charges or costs incurred by Participating Campuses as a result
of participating in the Universities' direct access services program. Such costs may include, but are not limited
to: processing costs for Direct Access Service Requests (DASRs), settlement charges, and imbalance penalties or
charges. Such costs do not include the Competition Transition Charge, the public benefits charge, or other
charges applicable to both Direct Access Service and bundled utility customers; these charges shall be paid by
Participating Campuses.
1.5
Conformance with Regulatory Requirements
The Contractor shall ensure that all Direct Access Services provided to the Universities meet any requirements
adopted or specified by the California Public Utilities Commission (CPUC), the Federal Energy Regulatory
Commission (FERC), the Independent System Operator (ISO), the Power Exchange (PX), and the local Utility
Distribution Company (UDC), for direct access service. The Contractor shall conform to these requirements
throughout the term of the Contract at no additional cost to Universities.
1.6
Requests for Changes
If a vendor believes that one or more of the RFP requirements imposes unnecessary constraints on the vendor in
proposing less costly or alternate solutions, the vendor may request a change to the RFP by submitting, in
writing, recommended changes(s), the facts substantiating its belief and the reasons for making the recommended
change(s). Such request must be submitted to the contracting official identified on the cover page on or
before the date specified in Section 2. Oral statements shall not be binding on the Universities. The
Universities shall consider any requests for exceptions and/or changes. In the event the Universities accept the
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request and the request results in a change to the requirements of the RFP, all vendors who have been issued an
RFP for purposes of responding shall be provided an addenda pursuant to Section 11.
1.7
Definitions - As used in this RFP, the following terms shall have the respective meanings set forth below.
Account - A UDC specific identifier for tracking energy service deliveries for a specific load through one
or more meters at a customer premises or location. One customer may have several accounts within a
premises or throughout a UDC’s service territory.
Agreement - Agreement shall mean the complete contract between the Universities and the selected
Contractor (s) to be prepared and executed in accordance with the RFP.
CPUC - California Public Utilities Commission
Competition Transition Charge (CTC) - Defined in Public Utilities Code Section 840 and by the (CPUC)
Consolidated Billing - Defined in accordance with CPUC approved direct access tariff provisions.
Direct Access Service Requests (DASRs) - An application for direct access service submitted to a local
UDC on behalf of a Customer by an ESP, as described in applicable CPUC rules.
Eligible Campuses - Those UC and CSU campuses eligible under applicable law and regulation to
purchase direct access services from an entity other than their local UDC, as of January 1, 1998.
Reference Exhibit I for a listing of existing eligible campuses.
Energy Services Provider (ESP) - An entity who provides electric supply services to Direct Access
Customers within a UDC’s service territory. An ESP may also provide certain metering and billing
services to its Direct Access Customers as provided for within CPUC tariffs.
FERC - Federal Energy Regulatory Commission
Firm Service - The constant and consistent provision of electricity and related services which is not
subject at any time to interruption, reduction, curtailment or discontinuation in any instance other than
those resulting from a force majeure event.
Independent Service Operator (ISO) - The California Independent System Operator Corporation, a statechartered, non-profit corporation that controls the transmission facilities of all participating transmission
owners and dispatches certain generating units and loads. The ISO is responsible for the operation and
control of the statewide transmission grid.
Metering Facilities or Metering Equipment - A meter, its associated current and potential transformers,
test facilities, communication interfaces, and other associated metering equipment required for the
measurement of supply deliveries to a participating campus’s account.
Participating Campuses - Those individual UC and CSU campuses who take Direct Access Services
under an agreement between the University and Contractor(s).
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Power Exchange (PX) - The California Power Exchange Corporation, a state chartered, non-profit
organization charged with establishing a competitive spot market for electric power through day and hour
ahead auction of generation and demand bids, in accordance with the FERC approved PX Tariff.
Rate Group Average PX Energy Prices - The average Power Exchange energy price as calculated and
charged by the UDCs for each respective customer class, rate group or rate schedule, including time of
use period distinctions.
Scheduling Coordinator - An entity meeting requirements as set forth by the Commission, FERC, and
these tariffs.
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SECTION 2
SCHEDULE OF EVENTS
Pre-release meeting with vendors
July 31, 1997
Pre-release of load data
September 8, 1997
Release of RFP
September 26, 1997
Last Day for Questions/Changes (see Section 1.6)
October 14, 1997
Deadline for Proposal submission
October 30, 1997, 2:00 p.m. P.S.T1
Notice of Intent to Award (begin negotiations)
November 14, 1997
Note: All dates following Notice of Intent to Award are provided for planning purposes only, are subject to change
without notice, and are not to be construed as a commitment by the Universities.
Contract execution - Final Implementation Plan
December 15, 1997
Holiday - Campus Closures (May vary among campus)
December 25, 1997 - Jan. 2, 1998
Campuses submit DASR information to Contractor for
Stage One Accounts
January 5, 1998
Contractor submits DASRs for Stage One Accounts to UDCs
January 12, 19982
Campuses submit DASR information to Contractor for
Stage Two Accounts
January 26, 19983
Direct Access Service and Consolidated Billing begins for
Stage One Accounts
February, 1998
Acceptance of Billing System for Stage One Accounts
February 1, 1998
Contractor submits DASRs for Stage Two Accounts to UDCs
February 6, 1998
Direct Access Service and Consolidated ESP Billing begins for
Stage Two Accounts
March, 1998
Acceptance of billing system for Stage Two Accounts
March 1, 1998
Contractor completes installation of all new meters and communications April 26, 1998
1
Submittals received after this date and time will not be accepted.
2
Reference Section 7.0.1
Reference Section 7.0.2
3
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SECTION 3
UC/CSU LOAD DATA
Information was released to vendors on September 8 showing the Universities' aggregate load expected to be eligible for
direct access services in 1998.
The load data contains the Universities' estimated calendar year 1998 monthly campus-by-campus loads. This
information is broken out by tariff or tariff class, as applicable. Accounts with maximum demands greater than 500 kW
are shown individually.
Loads are categorized by campus and size (000 Group notation equals 500 kW or greater, 100 Group notation equals
between 20 kW and 500 kW demand, and 200 Group notation equals less than 20 kW demand). Loads are further
identified by serving utility, tariff schedule, account number (for single accounts), or number of meters included (multiple
accounts).
For each account or group of accounts, monthly data is given for demand (TOU, as applicable) and energy (TOU, as
applicable), standby requirements, and any projected increases to the respective campus loads in the coming years.
The projected increases in loads shown are due to projects which are fully approved for implementation and therefore
should be incorporated into all price proposals. In addition to these increases, for purposes of evaluation of the price
proposals, the Universities will assume that all loads grow by 1% annually, starting in 1999.
No estimate of systemwide peak demand has been made. The peak demands in this RFP are by account and may not be
coincident to each other or to the UDC's system peak.
Vendors will be provided with single-page campus profiles which include information regarding the energy and energy
management systems on the individual campuses. Vendors will also be provided with minimum and maximum demand
level data for the major accounts at most campuses. This supplemental data is for the sole purpose of assisting the
vendors in their preparation of bids and the Universities guarantee neither its accuracy nor its completeness.
This load information is for purposes of providing vendors information about campus loads to be used in
responding to this RFP. The Universities provide no guarantee that actual loads of the campuses will be the same
as projected in this load data.
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SECTION 4
DIRECT ACCESS SERVICE REQUIREMENTS
4.0
Overview
Listed below are the direct access services which each responding vendor must propose to provide. The first three
services listed below -- Electric Supply Services (4.1.1), Communications (4.1.2), and Required Customer
Services (4.1.3) -- are considered Baseline Elements of the Universities' Direct Access Service Program and will
be utilized by the Universities. All services listed below for these Baseline Elements must be provided and
included in the vendor's Baseline Price Proposal. Additional Required Services (4.1.4) are to be provided and
priced as specified below.
Vendors must also propose to provide the Additional Elements in the Universities' Direct Access Service
Program. These Additional Elements are described below under Meter Installation Services (4.2.1), Ongoing
Meter Services (4.2.2) and Billing and Load Information Services (4.2.3). The Universities will decide, after
submission of vendor proposals, whether to include such Additional Elements in their Direct Access Service
Program. Accordingly, vendors are to propose separate pricing for these Additional Elements, unless they
are included at no cost in the Baseline Price Proposal.
4.1
Baseline Elements of Direct Access Service
The following services are considered mandatory and must be provided by the Contractor:
4.1.1
Electric Supply Services
1)
The Contractor shall act as the Universities' Scheduling Coordinator (SC) and Energy Service
Provider (ESP). As the Universities’ SC, Contractor shall schedule and purchase all electric
power and ancillary services required by Participating Campus loads, and shall report all end-use
meter reads to the ISO. The Contractor shall provide the necessary software and support
resources to determine the daily and time-of-use needs of the various campuses based on
historical and current metered and weather information, analyze the data, and arrange for the
procurement and delivery of the necessary power to the points of service. All communications
means, software, and protocols required to obtain this information and accomplish the scheduling
and reconciliation with the ISO, PX, campuses, or others is the responsibility of the Contractor.
2)
The Contractor shall procure and deliver electricity to meet the requirements of each
Participating Campus. The Contractor shall supply electricity to the appropriate delivery point of
the local UDC and shall be responsible for ultimate delivery to the Participating Campus's
meter(s).
3)
The Contractor shall include all necessary services in its Electric Supply Services in order to
deliver reliable power of sufficient quantity and acceptable power quality to each Participating
Campus.
4)
The Contractor shall arrange procurement and delivery of Electric Supply Services with the ISO,
PX, transmission owners, UDC, or other entity, as required.
5)
The Contractor shall provide firm service, unless otherwise agreed to by a Participating Campus.
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6)
4.1.2
4.1.3
The Contractor shall be responsible for payment of any additional costs incurred by Participating
Campuses as a result of Contractor's actions or inactions under the Universities' Direct Access
Service Program, including but not limited to any costs incurred if a Participating Campus is
forced to accept default electric service from the local UDC or select an alternative ESP as a
result of Contractor's actions or inaction.
Communications4
1)
The Contractor shall provide or cause to be provided pulse signal counter means for any new
meter installed by the Contractor and for any existing meter serving a University Direct Access
Service Account that does not have a pulse signal, to the extent permitted under applicable
regulations and law. Such pulse counter means shall comply with all applicable legal, including
regulatory rules or standards, and provisions for open protocol architecture.
2)
Title to all communications equipment installed by the Contractor shall transfer to the
Universities at time of University Acceptance and shall remain with the Universities following
termination of the contract.
Required Customer Services
1)
The Contractor shall provide the customer services necessary to support the Universities' Direct
Access Services Program.
2)
The Contractor shall provide a single account manager for the Universities' Direct Access
Services Program, to be located in California and assigned to the UC Office of the President and
the CSU Chancellor's Office.
3)
The Contractor shall provide additional account service representatives assigned to specific
Participating Campuses and shall provide a 1 - 800 telephone service for Universities service.
4)
The Contractor shall ensure timely and efficient resolution of billing or service related issues
including prompt notification to Participating Campuses.
5)
The Contractor shall provide two full day workshops (one in Northern California and one in
Southern California) for Participating Campuses within forty-five (45) days after contract
execution (the specific date to be determined by Universities). The purpose of the workshops
shall be to explain the scope of the Contractor's services and the assistance the Contractor will
provide to campuses in converting to Direct Access Service.
6)
The Contractor shall meet at least twice with each Participating Campus within forty-five (45)
days after contract execution and thereafter as needed or upon reasonable request of the
Universities, to ensure orderly implementation of Direct Access Service.
4
The Universities estimate that most large University Accounts already have the necessary Communications
means specified in this RFP
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7)
The Contractor shall participate in regular meetings (at least quarterly) and communications with
the UC Office of the President and the CSU Chancellor's Office or their representatives. Such
meetings and communications may include systemwide briefings to Participating Campuses.
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4.1.4
Additional Required Services
4.1.4.1 Existing Interruptible Service Accounts
1)
The Contractor shall provide direct access services to any existing interruptible
campus service account which desires to participate in the Universities' Direct
Access Services Program.
2)
The Contractor shall meet any specific requirements of the ISO, UDC or any
other entity with regard to direct access services for interruptible accounts.
3)
The Contractor shall price direct access services for interruptible accounts at no
greater price than service for firm accounts.
4)
The Contractor shall be responsible for any additional costs incurred by an
Interruptible Account taking direct access services, including imbalance energy
costs resulting from exercise by the UDC of the right to interrupt. The
Participating Campuses will notify the Contractor as soon as possible upon
receiving notice by the UDC of a potential interruption.
4.1.4.2 Curtailable Accounts
The Contractor shall offer a program and applicable pricing to take account of any
additional flexibility by Participating Campuses to curtail loads. (See Curtailment
Pricing Cost sheet).
4.1.4.3 Cogeneration Standby Service
1)
The Contractor shall furnish standby electric service for campuses currently on
UDC standby rates or who otherwise need cogeneration standby service.
2)
The Contractor shall identify the procedures it proposes to use for standby
service, including coordination with the ISO and PX; use of such procedures
shall be subject to University acceptance as defined in the Agreement..
4.1.4.4 Excess Cogeneration Sales
1)
The Contractor shall act as a Scheduling Coordinator for selling power generated
from onsite campus cogeneration plants, which is in excess of campus loads and
not under contract.
2)
The Contractor shall assist campuses in determining whether sales of such
excess cogeneration power is economically viable and, if so, selling the power
for such campuses on an as needed basis and consistent with any restrictions as a
result of debt financing for facilities.
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4.2
Additional Elements
The following additional service elements are mandatory for the purposes of responding to the RFP, however the
Universities reserve the right at their sole option to include or exclude from any subsequent agreement the
services described herein.
4.2.1
Meter Installation Services
1)
The Contractor shall install, or cause to be installed, interval meters for University Accounts with
loads over 20 kw that do not currently have such meters and are not eligible for a CPUCapproved exemption. The interval meters shall comport with all applicable legal and/or
regulatory requirements for direct access meters, including but not limited to, Direct Access tariff
requirements. Interval meters installed shall also comport with any requirements for meters in the
applicable utility tariff for a particular account's rate schedule.
The Contractor shall install such meters in conformance with all applicable legal and/or
regulatory requirements including, but not limited to, Direct Access tariff requirements. The
Contractor will undertake all installation related activities under such requirements, including,
but not limited to, any necessary removal and return to the utility of the existing meter,
installation, testing, calibration, and ongoing maintenance.
4.2.2
2)
The Contractor shall install any necessary equipment to connect such interval meters to campusowned data gathering equipment and to periodically maintain or recalibrate the meters.
Depending upon the specific nature of the Account load and/or meter configuration, the
equipment the Contractor shall install may include, but is not limited to, some or all of the
following: 110 a.c. feed, phone line(s) or other communications method acceptable to the
Universities and Participating Campus, and meter taps.
3)
Title to all meters installed by the Contractor shall transfer to the Universities at time of
University Acceptance and shall remain with the Universities following termination of the Direct
Access Services Contract.
4)
Pursuant to CPUC decisions, no time interval meters shall be required for University accounts
under 20 kw or those over 20 kw which qualify for a CPUC-approved exemption.
Ongoing Meter Services
1)
The Contractor shall provide the following services in accordance with all applicable regulatory
requirements, including but not limited to, direct access tariff requirements:
•
•
Meter reading
Meter data management agent (MDMA) services
2)
The Contractor shall provide these services for all University direct access accounts, regardless
of ownership of the meters, to the extent permitted under applicable law and regulation.
3)
The Contractor shall, to the extent permitted by direct access tariff requirements, collect and
forward metering information on the schedule requested by a Participating Campus and shall
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work with the local UDC to meet the Participating Campus's schedule request. The Contractor
shall notify Participating Campuses of meter reading schedules.
4)
Upon request and at no additional cost, the Contractor shall provide to the Participating
Campuses that metering information which is available to the Contractor. This includes, but is
not limited to, raw, validated and settlement quality data, and the information necessary to fully
analyze and interpret such data. The Contractor shall provide such information electronically
and, if requested, in hard copy format. Contractor shall provide or make available access to
meters so that campuses may install parallel connections to such meters if desired.
5)
The Contractor shall provide metering information to the UDC in accordance with, and only to
the extent required by, any applicable legal and/or regulatory requirements, including but not
limited to, CPUC and Direct Access tariff requirements for MDMA services.
6)
All University load and metering information shall be the exclusive property of the University.
The Contractor shall treat University load and metering information as such. The Contractor may
itself use University metering and load information only as necessary to meet its responsibilities
as the ESP and SC for the Universities. The Contractor shall not use University metering and
load information for any other purpose, or provide such information to any non-University entity,
without express prior written permission by the Universities.
7)
If the Universities do not select the Contractor to provide meter reading and MDMA services, the
Contractor shall be solely responsible for making the necessary arrangements with the UDC, in
accordance will all applicable legal and/or regulatory requirements, to obtain all metering
information necessary to undertake the Contractor's responsibilities as the Universities ESP and
SC. The Contractor shall be solely responsible for all costs associated with these arrangements.
Upon request, the Contractor shall supply to the Universities upon request, any metering
information received by the Contractor from the UDC. The Universities may request, and the
Contractor shall provide, such information in electronic or hard copy format.
4.2.3
Billing and Load Information Services
1)
If the Universities select ESP Consolidated Billing, the Contractor shall provide Consolidated
ESP Billing Services, to be available by February 1, 1998 for Stage One Accounts and by March
1, 1998 for Stage Two Accounts. Such services shall be developed in accordance with the
Implementation Plan requirements specified in Section 7 of this RFP.
2)
If the Universities select ESP Consolidated Billing, the Contractor shall bill Participating
Campuses on a monthly basis, on a schedule to be mutually agreed upon between Contractor and
Universities. The Contractor's monthly bill shall comport with all legal and/or regulatory
requirements, including but not limited to Direct Access tariff requirements, for ESP
consolidated bills. In addition, the Contractor's monthly bill shall include, at a minimum, the
following information:
•
•
Summary statement showing usage data and charges for all accounts,
For TOU accounts, costs itemized by rate components, detailed calculation of
charges for each component showing units of consumption, applicable rate, and
computed charge,
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•
•
•
•
Metering data showing metered usage for demand, energy, and power factor,
Recent (12 months) history of demand and energy consumption by TOU period
in tabular and graphic form,
PX index pricing comparison, showing dollar value of University discount,
A summary bill that summarizes the usage and cost for all direct access service
accounts for each Participating Campus.
This information shall also be provided to the UC Office of the President and the CSU
Chancellor's Office, as applicable.
3)
If the Universities select Consolidated ESP Billing, the Contractor shall provide two monthly
summary reports: one to the UC's Office of the President and one to the CSU Chancellor's Office
which shall include the following:
•
the consolidated consumption of each Participating Campus and cumulatively for
each University,
•
billed consumption, demand and other charges for each Participating Campus
and cumulatively for each University, and
•
the savings for each Participating Campus and cumulatively for each University
under the Contractor's Direct Access Services Cost Guarantee.
If the Universities select Consolidated UDC Billing, the Contractor shall provide similar monthly
summary reports as in this paragraph, based upon the consumption and charge information
available to the Contractor.
4)
If the Universities do not select ESP Consolidated Billing, the Contractor shall provide, in
accordance with all applicable legal and/or regulatory requirements, including but not limited to,
Direct Access tariffs: Direct Access load and billing information to the UDC for inclusion in a
UDC Consolidated Bill. The Contractor shall transmit on a monthly basis, directly to the
applicable campus, any information it provides to the UDC.
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SECTION 5
OPTIONAL EXTENDED SERVICES
5.0
Introduction
It is currently the intent of the Universities that the selected Contractor(s) will also be given the opportunity to
offer Extended Services. Use of Extended Services by campuses is optional and non-exclusive. Contractors
selected for Extended Services (to be done in conjunction with offering Direct Access services) will be given
only the opportunity to offer Extended Services to individual campuses during the term of the contract; the
Universities are providing no guarantee in this RFP that individual campuses will contract for Extended Services.
Campuses will also be free to select vendors for Extended Services beyond any selected Contractor(s).
5.1
Scope of Optional Extended Services
Participating Campuses may wish to receive some or all of the following services, which may include
assessment, design, construction and/or financing from Contractor(s):
5.1.1
Upgrades to internal electrical distribution systems.
Services under this category could include working with individual campuses in assessing short and long
range infrastructure needs and recommending projects to improve capacity, flexibility and reliability of
systems in the following areas:
•
•
•
5.1.2
Substation acquisitions and expansions,
Transmission and distribution system upgrades,
Power factor correction/capacitor additions.
Energy audits and expanded demand side management improvements.
Services under this category could include working with campus planning and engineering groups in
identifying energy conservation projects. Potential projects include lighting upgrades, retrofit to building
HVAC systems, use of variable-speed drives on fans and pumps and thermal energy storage (TES)
applications. Specific tasks could include:
•
•
•
•
5.1.3
Energy system surveys and identification of energy efficiency projects,
Economic analysis of energy conservation opportunities,
Prioritization of potential projects,
Expanded development of an energy conservation program,
Energy Management System (EMS) upgrades and expansions.
Services to be provided could include:
•
•
•
Assess existing installed EMS and control system functions and extent of building on the
central system,
Expand functions to include electronic communications for supply-side and demand side
management (schedule coordination) correlation,
Implement expanded EMS functions,
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•
•
5.1.4
Expand system to additional campus buildings and submeters,
Upgrade systems to keep current with latest central system technology.
Capital renewal; upgrading of facility and plant equipment.
Services could include assisting campus efforts in replacing or upgrading central plants (i.e., boilers and
chillers) and assisting in designing HVAC systems to take advantage of technology development and
reduce overall demand side use. Some campuses are also interested in having a campus compressed
natural gas (CNG) station to complement their fleet conversions to CNG and/or electrical vehicle
charging stations.
5.1.5
Assessment of cogeneration plant operations.
Services could include cost-benefit assessments of modifying cogeneration operations at individual
campuses.
5.1.6
Management of capital projects.
Services could include management and implementation of selected projects, including administering,
designing, constructing and commissioning projects.
5.1.7
Training
Services could include an assessment of training needs of campus physical plant and facility engineering
personnel in energy management, and developing and implementing an on-going training program in:
campus wide energy system maintenance, optimal demand side management operating techniques,
central plant operations (selected equipment and system characteristics), distribution system
coordination, and design guidelines for enhanced and improved energy system utilization.
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SECTION 6
OPTIONAL PROPOSALS
6.0
Introduction
All vendors must include price proposals for the direct access services described in Section 4 of this RFP. At
their option, vendors may also submit alternative proposals. However, the Universities reserve the right to enter
into an agreement with the selected vendor(s) which may include services and pricing covered by the Alternative
Proposal.
6.1
Contracts for Differences (CFD’s)
CFD services would be in lieu of Direct Access Services and would be premised on the Universities remaining
bundled utility customers.
Any vendor proposing a CFD shall include the following:
6.2
1)
Contractual arrangements which guarantee a reduction in the price for electric service to participating
campuses.
2)
Specification of eligibility requirements, with a goal of maximizing campus participation in a CFD
program, including those campuses not eligible for physical Direct Access Service in 1998.
3)
Billing services as set forth in Section 4 of this RFP, except to the extent those services are described as
including metering information.
4)
Required customer services, as set forth in Section 4 of this RFP.
Alternative Service Proposals
Vendors may present an alternative service proposal which the vendor believes to be of particular benefit to the
Universities. Such an alternative proposal will be considered only if the vendor clearly validates why such a
proposal presents a distinct and quantifiable advantage to the services specified in Sec. 4 and provides a price
advantage to the vendor's PX indexed price proposal (the Mandatory Baseline Price Proposal) and is subject to
the Cost Guarantee set forth in Section 8 of this RFP. Such proposals may only be submitted as an addition to
proposals submitted in response to the mandatory requirements of this RFP,
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SECTION 7
IMPLEMENTATION PLAN REQUIREMENTS
7.0
Staged Implementation of Direct Access Services
The Universities intend to implement Direct Access Services in two stages:
7.0.1
Stage One
Accounts in the first stage shall consist of those accounts selected by Participating Campuses which
require no new metering or communications hardware (hereinafter referred to as "Stage One Accounts").
For Stage One Accounts, Participating Campuses will submit information needed for the Direct Access
Service Requests (DASRs) to the Contractor within seven (7) days after contract execution. Contractor
shall submit DASRs to the appropriate UDC within seven (7) days thereafter.
The Universities anticipate that Direct Access service for Stage One Accounts will begin in February
1998.
7.0.2
Stage Two
Accounts in the second stage shall consist of those accounts selected by Participating Campuses which
require new meters and/or communications hardware (hereinafter referred to as "Stage Two Accounts").
For Stage Two Accounts, Participating Campuses will submit information needed for the Direct Access
Service Requests (DASRs) that is within the control of Participating Campuses to the Contractor within
thirty (30) days after contract execution. The Contractor shall submit DASRs to the appropriate UDC
within fourteen (14) days thereafter. The Contractor shall install and test all new meters, to meet
University acceptance, within one hundred twenty (120) days after contract execution.
The Universities anticipate that direct access service for Stage Two accounts will begin March-April
1998.
7.1
Implementation of Billing Services
The Contractor shall meet the following milestones for implementing Billing Services, if the Universities select
Consolidated ESP Billing:
7.1.1
The Contractor shall meet with Participating Campuses (in person or by other means) in January to
identify billing needs.
7.1.2
The Contractor shall test its billing system in January and February.
7.1.3
The Contractor shall complete testing in order to ensure University acceptance of the Contractor's billing
system for Stage One Accounts by February 1, 1998 and for Stage Two Accounts by March 1, 1998.
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7.2
Contractor Implementation Plan
Any Contractor selected under this RFP shall provide a detailed plan for implementing the Direct Access
Services Program set forth in this RFP for each Participating Campuses served by the Contractor. The plan must
be finalized by the date identified in Section 2 and will be incorporated into any final agreement between the
University and the Contractor.
The plan shall meet all timelines specified in this RFP, and shall show the sequence and timing necessary to have
a fully integrated Direct Access service program, including metering, communications, and billing, for
Participating Campuses.
Careful attention shall be paid in the plan to specifying the activities that the Contractor, University system
offices, and each Participating Campuses will each need to undertake for implementing direct access service. For
each major task identified in the plan, the Contractor shall include the following elements:
•
•
•
•
scope of services offered
assigned personnel
schedule
UC/CSU verification of satisfactory implementation
At a minimum, the Plan shall include the following:
7.2.1
Power Procurement and Delivery
The Contractor shall specify its plan to procure and deliver the required power to Participating
Campuses.
7.2.2
Meter Installation and Ongoing Meter Services
The Contractor shall identify the specific metering requirements of Participating Campuses. The
Contractor shall identify its plan for installing the necessary metering and verifying its acceptability, in
terms of CPUC, UDC, and ISO requirements. Its plan shall also identity how all work shall be
coordinated with local UDC’s and Participating Campuses and the Universities and shall include specific
quality assurance measures.
The Contractor shall also identify how it will provide Ongoing Meter Services, for both new and existing
meters. Specific elements shall include the schedule of services provided to Participating Campuses,
quality assurance program, etc.
7.2.3
Communications
The Contractor shall identify how it will install the Communications specified in Section 4. at
Participating Campuses, including coordination with the local UDC and with Participating Campuses.
The Contractor shall also identify the testing it will do of the Contractor's system and/or any new
hardware or software to be installed at Participating Campuses, and how such testing shall be completed
in time to ensure the milestones specified in this RFP are met.
7.2.4
Direct Access Service Requests (DASRs)
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The Contractor shall describe how it will prepare, submit, and track DSARs to the local UDC. The
Contractor shall identify a single person from its team who will oversee this process, any administrative
requirements for Participating Campuses or Universities in preparing the DSARs, and how it will interact
with the local UDC.
7.2.5
Billing Services
The Contractor shall describe the steps the Contractor will take to switch from UDC billing to
Consolidated ESP Billing, the billing information needs of the Contractor, and the points of contact
between the Contractor and University personnel, especially at the Participating Campuses. Additionally
the Contractor shall describe how the billing system will interact with University accounting systems, the
testing procedures for the new billing system and coordination points between the Contractor,
Participating Campuses and the local UDC’s.
7.2.6
Customer Services
The Contractor shall identify its plan to commence operation of Customer Services and its system for
tracking customer complaints or problems with Contractor services.
7.3
Site Specific Requirements
As noted above, several campuses have onsite cogeneration plants. The Contractor's Plan must identify any
specific implementation issues for Participating Campuses with such plants.
In addition, UC Davis purchases power from the federal Western Area Power Administration (WAPA). Vendor
responses to this RFP must specifically address how UC Davis will be served and coordination with WAPA will
occur, particularly with regard to accounting, energy balancing, and scheduling of power. Vendor responses
should identify WAPA contact and confirm that WAPA concurs with proposed approach to serve UC Davis.
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SECTION 8
PRICING/COST SHEETS
8.0
General Parameters
The following are requisite and specific parameters for the price proposals the Universities are seeking:
8.0.1
Cost Guarantee
Vendors must sign and submit with the proposal the Direct Access Services Cost Guarantee contained in
this section. Proposals which fail to include the signed guarantee will not be considered further.
8.0.2
Campus eligibility
Vendor proposals must include direct access services to all campuses which will be eligible for direct
access as of January 1, 1998. The eligible campuses are listed in the Exhibit.
8.0.3
Campuses in municipal utility service territories
Campus loads located within municipal utility service areas which are not eligible as of January 1, 1998,
must be offered the opportunity to participate in the Universities' Direct Access Program, on mutually
acceptable pricing terms to be identified in the Agreement. The Contractor[s] must offer to campuses in
municipal service areas a Cost Guarantee identical to that offered for campuses in IOU service areas.
Vendors shall propose a price for service to campuses in municipal service areas on the Newly Eligible
Campuses cost sheet.
8.0.4
Changes in campus loads/new campuses
Vendors are given notice that campus loads will change, during the term of the contract, due to changes
in student populations and campuses operations, investments in energy efficiency, etc. Contractor[s]
must provide direct access services to all campus loads at the price specified in the agreement, regardless
of any deviation from projected loads. Any costs or penalties associated with imbalance penalties or
settlement charges shall be borne by the Contractor and not passed on to the Universities as a separate
charge.
Contractors must also provide direct access services to any new UC or CSU campus sites or off campus
facilities that may be added to the Universities during the course of the contract. Such campuses shall be
served at the price specified for Newly Eligible Campuses (See Cost Sheet #5).
8.1
Instructions for completion of Cost Sheets
8.1.1
Cost Sheet #1 Baseline Price Proposal
The Baseline Price Proposal shall include consideration of all costs associated with delivery and
provisions of services identified in Sections 4.1.1 through 4..1.4 of the RFP. Special pricing or costs
associated with Section 4.1.4.2 Curtailable Accounts shall be identified on Cost Sheet #2.
1)
PX Indexed Price
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Vendors shall submit a single price for each geographic service option (described in 8.1.1, Item
2, below). The price shall be expressed as a percentage reduction (PX minus ___%) of the
respective Rate Group Average PX Energy Prices and applicable to all University Accounts for
the term of the contract.
2)
Geographic Pricing
Vendors shall submit prices for all of the following geographic service options:
a)
b)
c)
3)
Northern California service
1.
All UC/CSU eligible campuses
Southern California service
1.
All UC/CSU eligible campuses
2.
All UC/CSU eligible campuses except: UC San Diego, and UC Irvine.
Statewide service
1.
All UC/CSU eligible campuses
2.
All UC/CSU eligible campuses except: UC San Diego, and UC Irvine.
Contract Term
Vendors shall provide prices for direct access services for each of the following contract terms:
a)
b)
8.1.2
Short term (two calendar years -- 1998 and 1999)
Medium term (four calendar years -- 1998 through 2001)
Cost Sheet # 2 - Curtailable Accounts
Vendor shall complete this cost sheet to identify any special pricing terms proposed in response to
Section 4.1.4.2.
8.1.3
Cost Sheet # 3 - Newly Eligible Campus Pricing
Vendors shall complete this cost sheet to provide pricing, if different, for Newly Eligible Campuses
which may be added during the term of the contract.
8.1.4
Cost Sheet #4 - Additional Service Elements - Billing and Metering Services
Vendor shall complete this cost sheet to reflect: the purchase and installation cost of new meters and the
cost of ongoing meter services. The cost of billing and load data services shall also be specified. All
optional metering and billing service provided shall be costed to include the services as specified in
Section 4.2 of the RFP. For purposes of preparing the price proposal for this RFP, vendors shall
assume they will need to provide and install up to 250 new meters.
8.1.5
Cost Sheet #5 - Contracts for Differences (CFDs)
Any pricing proposal for CFDs shall meet all of the specifications set forth above with the following
exceptions:
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8.1.6
1)
No pricing for Electric Supply Services, Metering or Communications need be included.
2)
All assumptions in the price proposal must be fully specified, including any specific time periods
covered by the proposed contracts, any proposed indices, or the use of collars, ceilings, caps,
hedges, etc.
3)
Any CFD proposal shall specify whether it includes any campuses beyond Eligible Campuses.
Alternative Pricing Proposals
Separate cost sheets may be submitted for any optional or alternative service offerings submitted in
response to Section 6.
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Direct Access Services Cost Guarantee
On behalf of ____[insert company name]______________, I hereby guarantee that with the sole
exception of a Force Majeure as defined in the Agreement, no Participating Campus's total Electricity
Costs in any month during the Term of the Contract shall exceed the electricity costs that the campus
would have incurred if it had been a Full Service electric customer of its local Utility Distribution
Company (UDC). This guarantee shall herein be referred to as the “Cost Guarantee”.
Within ninety (90) days after the end of a Service Month, the Contractor shall credit the Participating
Campus by any amount that the total Electricity Costs exceeds the cost the Customer would have
incurred if it had been a Full Services electric customer of its local UDC. In calculating the Cost
Guarantee and any credit owed, determination of the fully-bundled costs shall be based on the same
loads, same load profiles, and same Power Exchange prices that actually occurred in the Service Month.
As used herein, "Electricity Costs" means those costs incurred by a Customer under the Contract and the
costs charged by the local UDC or passed through by the local UDC, including Competition Transition
Charges (CTC) as defined in Public Utilities Code 820 and by the California Public Utilities
Commission. Electricity Costs also includes all start-up costs incurred by Participating Campuses under
this Contract, including metering costs; for purposes of this Guarantee, such start-up costs may be
amortized over the Term of the Contract. The monthly verification of the this Guarantee shall be done in
accordance with a sample calculation form to be provided by Universities.
____________________________________
Contracting Official
____________________________________
Print name
____________________________________
Title
Date
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COST SHEET # 1
Baseline Price Proposal PX-indexed Cost Sheet
(expressed in terms of “Rate Group Average
PX Energy Prices” and applicable to all
accounts)
2 Year Term
4 Year Term
All eligible Northern California campuses
PX-minus_____%
PX-minus_____%
All eligible Southern California campuses
PX-minus_____%
PX-minus_____%
All eligible campuses statewide
PX-minus_____%
PX-minus_____%
Eligible Southern California campus sub-group
(excluding UC San Diego, and UC Irvine)
PX-minus_____%
PX-minus_____%
Eligible Statewide campus sub-group
(excluding UC San Diego, and UC Irvine)
PX-minus_____%
PX-minus_____%
Note: The three price items highlighted in bold print will be used in selecting qualifying finalists.
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COST SHEET #2
Electric Services RFP - Curtailment Pricing
Minimum
Curtailment
Block
(kW)
Curtailment
Block
Increments
(kW)
Minimum
Curtailment
Period
(hours)
Peak period load
Pricing formula:
25
Maximum
Curtailment
Period
(hours)
UC/CSU - RFP 970042
PROVIDER OF DIRECT ACCESS SERVICES
COST SHEET # 3
Newly Eligible1 Campuses Cost Sheet
(expressed in terms of “Rate Group Average PX
Energy Prices” and applicable to all accounts)
Prior to
January 1, 1999
Prior to
January 1, 2000
All newly eligible Northern California campuses
PX-minus_____%
PX-minus_____%
All newly eligible Southern California campuses
PX-minus_____%
PX-minus_____%
All newly eligible campuses statewide
PX-minus_____%
PX-minus_____%
1
Newly Eligible campuses are campuses in municipal utility service areas (see Section 8.0.3) and new campuses (Section
8.04.).
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COST SHEET # 4
Other Services Meter and Billing Cost Sheet (all accounts)
2 Year Term
Meter Installation Services
4 Year Term
$/meter
Meter Services
$/meter/month
Ongoing
Billing Services
$/account/month
Consolidated billing (by campus)
Additional reports
Systemwide summary report
Other (describe)
Note: Items highlighted in bold will be used as a tie-breaker in the event of substantially identical Baseline Price
proposals from vendors.
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COST SHEET # 5
Contract for Differences Proposal Cost Sheet
(expressed in terms of “Rate Group Average
PX Energy Prices” and applicable to all
accounts)
2 Year Term
4 Year Term
All eligible Northern California campuses
PX-minus_____%
PX-minus_____%
All eligible Southern California campuses
PX-minus_____%
PX-minus_____%
All eligible campuses statewide
PX-minus_____%
PX-minus_____%
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SECTION 9
EVALUATION AND AWARD
9.0
Evaluation Methodology
Proposals will be reviewed and evaluated by an evaluation team comprised of CSU/UC personnel and industry
professionals in accordance with the methodology and criteria herein. Proposals must demonstrate to the
satisfaction of the Universities that the proposed vendor team has the expertise, human and financial resources
capable of sustaining performance for the term of the contract. Proposals must successfully meet the threshold
criteria identified herein. Proposals which do not meet the criteria, do not provide a signed Direct Access
Services Cost Guarantee, take unacceptable or unapproved exceptions to the requirements of the RFP or which
are incomplete in any aspect will be rejected.
Proposals which are not selected for inclusion in the final negotiation phase will be held in abeyance. If
negotiations with the selected vendor(s) do not culminate in an award, the Universities reserve the right to
terminate negotiation and notify the next ranked vendor(s) of intent to enter negotiations.
9.1
Selection Criteria for Qualifying Finalists
The threshold criteria will be the University's determination that the vendor team has presented a viable, realistic
project management and implementation plan that addresses all tasks and resources required in support of Direct
Access Services as set forth in Section 4 of this RFP at each of the Participating Campuses. In particular, the
vendor team's summary of the proposed Implementation Plan and overall Project Management approach will be
evaluated to insure compliance with the Universities requirements as stated in this RFP. Reference Section 10.1
Proposal Content describing the Technical Proposal, items 1.3 - Project Management and 1.4 - Summary of
Proposed Implementation Plan.
Once a determination has been made the vendors proposals has successfully met the threshold criteria, the
Universities will evaluate the costs listed on Cost Sheet #1 - Baseline Price Proposal for the two (2) year term for
the first three price categories (i.e., all eligible northern campuses, all eligible southern campuses, and all eligible
campuses statewide) and select the vendor(s) which have proposed the best combination of lowest statewide
pricing.
In the event of two or more proposals offering substantially identical pricing for these categories, the Universities
shall evaluate the vendor’s proposed pricing for Meter Installation, On-going Metering Services and Billing
Services proposed on Cost Sheet #4 and select the proposal which provided the lowest overall pricing for these
services for the two year term.
9.2
Finalization of Contract
A Notice of Intent to Award will be issued at the conclusion of the evaluation process. The selected vendor(s)
will be expected to attend one or more negotiations to finalize contract provisions and Implementation Plan.
During this period conditions which materially improve or benefit the University in exchange for acceptable risk
considerations may be negotiated. In the event that an agreement acceptable to the Universities cannot be
executed with the winning vendor(s) within thirty (30) days, the Universities may terminate negotiations and
eliminate the vendor(s) from further consideration. The Universities may then proceed in any manner deemed in
their best interest.
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SECTION 10
PROPOSAL SUBMISSION INSTRUCTIONS
10.0
Proposal Submission and Format
The proposal should be prepared in such a way as to provide a straightforward, concise delineation of capabilities
and pricing to satisfy the requirements of this RFP.
Proposals will be accepted on or before the date and time indicated in Section 2- Schedule of Events, in
accordance with this section.
CSU Office of the Chancellor
Contract Services and Procurement Office
4665 Lampson
Los Alamitos, California 90720.
Proposals must be securely sealed and labeled:
10.1
Response to RFP 970042
Proposal Content and Copies
The vendor, in responding to this RFP, shall submit proposals in the format and numbers as described below.
Two volumes shall be submitted, Volume I shall contain as Section I, the completed technical proposals
submitted in response to the mandatory requirements of the RFP, and as Section 2 any additional submittals in
response to the optional requirements . Volume II shall contain the completed cost sheets and including the
signed Cost Guarantee form and shall be submitted in a separately sealed envelope. Any additional information
or documentation associated with the proposal should be provided as attachments to Volume I.
VOLUME I
SECTION 1 - TECHNICAL PROPOSAL
SECTION 2 -ADDITIONAL SUBMITTALS
12 COPIES PLUS 1 MASTER
VOLUME II COST SHEETS
3 COPIES PLUS 1 MASTER
NOTE: Cost Sheets must be submitted in an separately sealed envelope.
VOLUME I - SECTION 1 - TECHNICAL PROPOSAL
1.1
Cover Letter
The cover letter shall include a brief overview of the vendor's strategic plan for delivering University
Direct Access Services and shall confirm that all elements of the RFP have been reviewed and
understood. The letter must be signed by an officer of the company having authority to contractually
bind the vendor team.
1.2
Table of Contents
The table of contents shall identify the contents of the proposal consistent with the requirements and
format set forth herein.
1.3
Project Management
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The proposal shall describe the management team structure and any subcontractor or associated firm
personnel proposed for direct involvement in providing Direct Access Services to the Universities. The
proposal shall include a description of the vendor's resources necessary to provide the services identified
herein and shall identify any significant modification from the management team and structure submitted
as part of the pre qualification (RFQ) process. Specific details shall be provided on how the vendor
team will coordinate its activities and how those activities will then interact with the Universities, both
on a systemwide and campus specific basis. This section shall include at a minimum the following
information:
1.4
a.
Corporate Team Member Organization - Include an organization chart with names, titles, and
positions of relevant senior and professional personnel, and the relationship of all associated
vendor team members.
b.
Project Team - Include a detailed description of each vendor team member's functional role,
responsibilities related to the services specific in this RFP and reporting relationship. Identify
California-based personnel and location and out-of state personnel and location.
c.
Certifications - This section shall provide proof of certification for the following items:
(1)
A member of the vendor team has or is in the process of obtaining ISO Scheduling
Coordinator certification from the ISO.
(2)
The vendor is a registered CPUC Energy Service Provider.
(3)
Any other certifications or licenses necessary to provide the services described herein.
Summary of Vendor's Proposed Implementation Plan
This section shall present a summary of the vendor's proposed implementation plan to provide the Direct
Access Services described herein in accordance with the requirements in Section 7. The Universities
anticipate that the actual implementation plan will be finalized during final negotiations and after
consolidation with individual campuses. Vendors responses to this must provide sufficient information
that the Universities can determine the capabilities of the vendor in developing and successfully
implementing the plan described in Section 7 in the timeframe specified. An insufficient summary of
the plan and or submission of a plan which substantially varies from the Universities’
requirements may be basis for rejection of the proposal.
VOLUME I - SECTION 2 - ADDITIONAL SUBMITTALS
This section may be used at the discretion of the vendor to provide any additional documentation and information
submitted in support of the proposal. If the vendor proposes to respond to Section 5, Optional Extended Services
or Section 6 Optional Proposals, the following information shall be provided;
•
•
•
•
a description of services proposed to be provided,
the process by which Vendor would propose to offer such services to the Universities, including on-site
project management,
any relevant pricing information
customer references for similar projects, resumes, experience
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If the vendor proposes to respond to Section 6, Optional Proposals (for CFDs), the vendor shall in provide the
information specified in Section 6 in addition to submitting the appropriate cost sheet as part of Volume II of the
vendor’s proposal..
VOLUME II - COST SHEETS
This section shall consist of all completed applicable cost sheets plus, the signed Cost Guarantee statement
provided in Section 8 of the RFP.
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SECTION 11
OTHER GENERAL PROVISIONS
11.0
Questions Regarding the RFP
Any questions, interpretations or clarifications, either administrative or technical, about this RFP must be in
writing. All written questions will be answered in writing and conveyed to all vendors. Oral statements
concerning the meaning or intent of the contents of this RFP by any person are unauthorized and invalid. All
questions shall be directed to:
Pat Dayneko, Director
Contract Services and Procurement Office
CSU, Office of the Chancellor
4665 Lampson Ave
Los Alamitos, Calif. 90720
P.O. Box 3502
Seal Beach, Calif. 90740-7502
(562) 985-9100 (tel)
(562) 985-9407 (fax)
11.1
Contract Documents
This RFP is issued as a collaborative effort of the Universities. It is anticipated that separate master enabling
agreements will be executed for UC and CSU respectively. Such master enabling agreements shall provide the
terms and conditions governing the provisions of services to each participating campus. Appendix A is the
proposed Contract for Electrical Services which taken in concert with this RFP, contractor’s response and
applicable provisions of the UC and CSU will become the contract between the parties.
Appendices B and C contain additional terms and conditions for UC and CSU respectively. Campuses electing to
retain the Contractor for additional Extended Services and or customized services (e.g., specialized billing
reports) shall do so under separate contractual arrangements.
11.2
Duration of proposal
All terms of the vendor proposals shall be firm for sixty (60) days from the submission of proposals. Vendors
may specify that certain proposal components are subject to fluctuation on a pre-determined index or basis during
this period. If so, vendors shall clearly define any components of their proposal which are subject to fluctuation
during the 60 day period and the method of calculating that fluctuation.
11.3
Cancellation
This solicitation does not obligate the Universities to enter into an agreement. The Universities retain the right to
cancel this RFP at any time for any reason. The Universities also retain the right to obtain the services specified
in this RFP in any other way. No obligation, either expressed or implied, exists on the part of the Universities to
make an award or to pay any cost incurred in the preparation or submission of a proposal.
11.4
Addenda
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The Universities may modify this RFP, any of its key action dates, or any of its attachments, prior to the date
fixed for submission of proposals by issuance of an addendum to all vendors who have been furnished the RFP
for bidding purposes. Addenda will be numbered consecutively as a suffix to the RFP Reference Number.
11.5
Completion of Proposals
Proposals shall be complete in all respects as required by this RFP. A proposal may be rejected if conditional or
incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such
defect or irregularity could have materially affected the quality of the proposal. Proposals which contain false or
misleading statements, or which provide references which do not support an attribute or condition claimed by the
vendor, may be rejected. Statements made by a vendor shall also be without ambiguity, and with adequate
elaboration, where necessary, for clear understanding. Costs for developing proposals are entirely the
responsibility of the vendors and shall not be chargeable to the Universities.
11.6
Withdrawal of Proposals
A proposal may be withdrawn after its submission by written or facsimile request signed by the vendor or
authorized representative, prior to the time and date specified for proposal submission. Proposals may be
withdrawn and resubmitted in the same manner if done so prior to submission deadline. If the vendor notices any
ambiguity, conflict, discrepancy, omission or other error in the RFP or any of its exhibits, the vendor shall
immediately notify the Universities of such error in writing and request modification or clarification of the
document. Modifications may be made by addenda prior to the submission deadline. Clarifications will be given
by written notice to all vendors who have been furnished an RFP for bidding purposes, without divulging the
source of the request for same.
If a vendor fails to notify the Universities prior to the date fixed for submission of proposals of an error in the
RFP known to the vendor, or an error that reasonably should have been known to the vendor, the vendor shall bid
at its own risk, and if the vendor is awarded the contract, the vendor shall not be entitled to additional
compensation or time by reason of the error or its later correction.
11.7
Rejection of Proposals
The Universities may reject any or all proposals and may waive any immaterial deviation in a proposal. The
Universities' waiver of an immaterial defect shall in no way modify the RFP documents or excuse the vendor
from full compliance with the specifications if he/she is awarded the contract. Proposals which include terms and
conditions other than the Universities' terms and conditions may be rejected as being non-responsive.
The Universities may make such investigations as deemed necessary to determine the ability of a vendor to
perform the work, and the vendor shall furnish to the Universities all such information and data for this purpose
as requested by the Universities. The Universities reserve the right to reject any proposal if the evidence
submitted by, or investigation of, such vendor fails to satisfy the Universities that such vendor is properly
qualified to carry out the obligations of the contract and provide the services specified.
11.8
Disposition of Proposals
Proposals become the property of the Universities and information contained therein shall become public
documents subject to disclosure laws after Notice of Intent to Award. Proposals may be returned only at the
Universities’ option and at the vendor's expense. One copy shall be retained for official files. The Universities
reserve the right to make use of any information or ideas contained in the proposals.
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11.9
Delivery of Proposals
Proposals must be received in the Contracts and Procurement Office no later than the date and time indicated on
the cover page of this RFP. Vendors are responsible for the means of delivering the proposal to the appropriate
office on time. Delays due to the instrumentalities used to transmit the proposal, including delay occasioned by
the internal mailing system in the Office of the Chancellor, shall be the responsibility of the vendor. Likewise,
delays due to inaccurate directions given, even if by Chancellor's Office staff, shall be the responsibility of the
vendor. The proposal must be completed and delivered in sufficient time to avoid disqualification for lateness
due to difficulties in delivery. LATE PROPOSALS WILL NOT BE ACCEPTED.
11.10
Award of Contract
The current intent of the Universities is to seek one or more Contractors to provide the Direct Access Services
described herein. The Universities envision selecting at most two Direct Access Contractors for the Universities - one serving campuses in Northern California and one serving campuses in Southern California. However, the
Universities reserve the right to select multiple, single or no Contractors, if such an approach is warranted after
review of RFP proposals.
The Universities have the right to reject any and all proposals, and to award one or more contracts. Award, if
any, will be to the vendor (s) whose proposal best complies with all of the requirements of the RFP and in
accordance with Section 9 - Evaluation and Award. A "Notice of Intent to Award" will be publicly posted for
five (5) consecutive University working days. Written notification will be made to unsuccessful vendors.
11.11
Contract Execution
Subsequent to the Notice of Intent to Award, the Universities and the potential Contractor shall enter into a thirty
(30) day negotiation period with the successful vendor(s) to finalize the Implementation Plan and contract
provisions. Upon successful conclusion of negotiations, the University will prepare the contract for signature and
forward it the Contractor who shall signed by the Contractor and returned, along with the required attachments,
to the Universities within ten (10) calendar days from receipt. The period for negotiation and execution may be
changed by mutual agreement of the parties. Contracts are not effective until approved by the appropriate
University officials. All work performed prior to receipt of a fully executed contract shall be at the Contractor's
own risk.
11.12
New Releases
Without prior written approval of the University, Contractor shall not issue any news releases or other
statements pertaining to the award or servicing of the Agreement.
11.13
Disputes/Protests
The Universities encourage vendors to resolve issues regarding the RFP or the Universities' procurement process
through written correspondence and discussions. The Universities wish to foster cooperative relationships and to
reach a fair agreement in a timely manner.
Vendors must file any protest within five (5) calendar days after notice of intent to award. The protesting vendor
shall submit a full and complete written statement detailing the facts in support of the protest. The protest must
be sent by certified or registered mail or delivered in person to Trustees of the California State University, Office
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PROVIDER OF DIRECT ACCESS SERVICES
of the Chancellor, to the attention of the Vice Chancellor, Business and Finance. Within a reasonable amount of
time after receipt of the written statement of protest, the Universities will provide a decision on the matter. The
decision will be in writing and sent by certified or registered mail or delivered in person to the protesting vendor.
The decision of the Universities is final.
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