Collective 7000146924 - Welcome to CPS Energy · Web viewCPS Energy is the nation’s largest municipally owned energy utility providing both natural gas and electric service. Acquired

ACKNOWLEDGEMENT OF RECEIPTEmail or Fax Back Immediately

(This page only)

Request for Qualifications (RFQ) Collective No. 7000146924

Please provide the requested information below as acknowledgment that you have received our Request for Qualifications (RFQ) noted above and wish to participate in this RFQ process. It is strongly recommended that interested respondents complete this acknowledgment and return via email or fax to:

BonnieSue BrayProcurement Analyst, Supply [email protected]#: 210-353-3056

Only companies returning this completed acknowledgment form will receive addenda to this Solicitation and be kept in our master bidder’s mailing list data base. Acknowledgment of any and all addenda issued corresponding to this RFQ is required as part of the submittal. Lack of addenda acknowledgment may disqualify your proposal. Failure to respond through the use of this form may subject your firm from being deleted from our Master Vendor List and elimination from future opportunities.

Company Name:

Address:

Ph#:( ) Fax#:( )

E-Mail:

Printed Name: Title:

Signature: Date:

Reason for not responding to this Collective:

Request for Qualifications

for

“Owner’s Engineer” (OE) Effluent Limit Guideline (ELG) Consulting Services

Spruce Units 1 & 2 Wet Flue Gas Desulfurization Scrubbers

Request For Qualification No. 7000146924

Issued: November 1, 2017

Qualification Submittal Deadline: November 16, 2017 by 3:00 p.m. (Central Time)

CPS ENERGYP.O. BOX 1771

SAN ANTONIO, TEXAS 78296-1771www.cpsenergy.com

TABLE OF CONTENTS

I. PURPOSE...........................................................................................................................2

A. STATEMENT OF INTENT.................................................................................................2

B. ABOUT CPS ENERGY......................................................................................................2

C. DESCRIPTION OF PROJECT...........................................................................................2

D. RFQ SCHEDULE...............................................................................................................3

E. CONTACT INFORMATION, QUESTIONS AND ANSWERS.............................................3

F. RESTRICTIONS ON COMMUNICATIONS........................................................................4

G. QUALIFICATION SUBMITTAL COSTS.............................................................................4

II. QUALIFICATION FORMAT & SUBMITTAL............................................................4

A. PROPRIETARY DATA IN QUALIFICATION SUBMITTALS..............................................4

B. QUALIFICATION FORMAT...............................................................................................4

C. PRICING............................................................................................................................ 5

D. QUALIFICATION SUBMISSION REQUIREMENTS..........................................................5

1. Table of Contents..............................................................................................52. Executive Summary or Cover Letter................................................................53. Experience & Qualifications.............................................................................54. Company / Firm Overview & Multiple Parties.................................................65. References.........................................................................................................76. Financial Strength.............................................................................................77. Surety Bonds, Insurance and Licenses..............................................................78. Citations............................................................................................................89. Conflict of Interest. .........................................................................................810. Subcontractors & Subsidiaries........................................................................811. Safety..............................................................................................................812. Business Questionnaire...................................................................................913. Exceptions to Contract & Existing Agreement.............................................1014. Other..............................................................................................................10

E. TAXES............................................................................................................................. 11

III. EVALUATION AND SELECTION CRITERIA.........................................................11

A. REVIEW OF QUALIFICATIONS......................................................................................11

B. EVALUATION CRITERIA.................................................................................................11

C. LOCAL CONDITIONS AND SUFFICIENCY OF DOCUMENTS......................................13

D. ACCEPTANCE AND REJECTION OF QUALIFICATION SUBMITTALS.........................13

E. OWNERSHIP OF DOCUMENTS.....................................................................................13

F. CONTRACT NEGOTIATIONS.........................................................................................13

G. BOARD OF TRUSTEES..................................................................................................13

IV. CHECKLIST OF QUALIFICATION SUBMISSION.................................................14

Request for Qualifications 2

I. PURPOSE

A. STATEMENT OF INTENTThe City of San Antonio, Texas, acting by and through City Public Service Board (“CPS Energy”) issues this Request for Qualifications (“RFQ”) for the purpose of soliciting Qualification Submittals (“Qualification Submittals”) from companies (“Respondents”) qualified and interested in providing an “Owner’s Engineer”, or an Archetect and Engineer (Engineer of Record), for implementation of the Environmental Protection Agency’s (EPA’s) “Effluent Limit Guideline (ELG) Regulations. Consulting Services provided by the ELG project “Owner’s Engineer” are as further described and defined herein.

B. ABOUT CPS ENERGYCPS Energy is the nation’s largest municipally owned energy utility providing both natural gas and electric service. Acquired by the City of San Antonio in 1942, CPS Energy serves more than 765,000 electric customers and 335,000 natural gas customers in and around San Antonio (1,515 square mile service area). CPS Energy is governed by a five-person Board of Trustees, consisting of the Mayor of the City of San Antonio and four citizens representing the four geographical quadrants of the City of San Antonio. Information about CPS Energy’s history, operations and management is available on www.cpsenergy.com.

C. DESCRIPTION OF PROJECTCPS Energy must comply with the latest requirements of the Federal Environmental Protection Agency (EPA) guidelines as promulgated in Federal Regulation 40 CFR 423; otherwise know as Effluent Limit Guidelines (ELG). The original 2015 ELG ruling was recently amended in September 2017. EPA expects to take three years to finalize a revised rule, and the revised rule might have a revised implementation plan (as implied by the new rule). Unless the EPA changes ELG limits and the implementation schedule by November 2020, CPS Energy must implement a waste water treatment option that is complicit with EPA’s ELG limitations by December 31, 2023. Similarly, CPS Energy must also comply with the existing EPA rule governing Coal Combustion Residuals (CCR). The current implementation schedules for both CCR and ELG compliance are mutually exclusive, although the CCR compliance schedule occurs sooner that ELG. Clean-closure of the two holding ponds containing CCR material will require integration with the schedule for ELG compliance. Coordination of the two (CCR/ELG) implementation schedules shall not interfere with, or otherwise pose a risk to, the reliable operation of both Spruce units.

The ELG will place numeric limits on the concentrations of arsenic, selenium, nitrate/nitrite and mercury in the discharge stream in addition to the current regulatory limits. To meet the ELG, modifications and upgrades to the existing FGD system and wastewater treatment system are required. The objective of Respondent will be to identify the best technology for Spruce to comply with the ELG with consideration of the technical feasibility, operational flexibility, capital and operating/maintenance costs.


http://www.cpsenergy.com/

CPS Energy wishes to engage an Owner’s Engineer (OE) to assist in the design and construction of a waste water treatment system for the two wet flue gas desulfurization (WFGD) system scrubbers at the Spruce plant, required to meet the current EPA Effluent Limit Guidelines (ELG) rule. The project will include modifications to existing equipment, such as adding a hydroclone dewatering system to Spruce 1, similar to Spruce 2, and segregation of low volume waste (LVW) streams which are currently discharging non-pollutant effluent into the two Sludge Recycle Holding (SRH) ponds. The project will also include clean-closure, and re-purposing, of these two SRH ponds. Owner’s Engineer responsibilities may include, but not be limited to the following: 1) verification of water balance, 2) FGD optimization, 3) surge volume capacity additions, 4) possible front-end and back-end water treatment systems, 5) construction of evaporation pond(s), and 6) detailed design engineering, project management and project controls.

For further information see Exhibit A, “Scope of Services and Deliverables.”

D. RFQ SCHEDULECPS Energy will make a concerted effort to maintain the schedule below, but reserves the right to revise the schedule based on CPS Energy’s business needs.

Milestone Date

RFQ Issuance November 1, 2017

Pre-Proposal meeting LocationCPS Energy Calaveras Power Station

12940 Highway 181 S

San Antonio, Texas 78223

November 9, 2017 at 2:00 p.m.

Deadline for Respondent’s Questions By 5:00 p.m. (Central time) on November 10, 2017

CPS Energy Responses to Submitted Questions

November 14, 2017

Respondent Qualification Submittals Due

By 3:00 p.m. (Central time) on November 16, 2017

Qualifications Evaluated November 27, 2017

Issuance of Request for Proposals (if CPS Energy elects to issue an RFP)

N/A

Proposed Contract Commencement February 1, 2017


E. CONTACT INFORMATION, QUESTIONS AND ANSWERSDuring the solicitation period, the Procurement Analyst identified below shall be the sole contact for any inquiries from prospective Respondents. Any inquiries from Respondents shall be submitted in writing by electronic mail.

BonnieSue BrayProcurement Analyst, Supply [email protected]

F. RESTRICTIONS ON COMMUNICATIONSRespondents are prohibited from communicating with CPS Energy employees, representatives, staff, or Board Members regarding this RFQ during the period in which Qualification Submittals have been solicited or are being evaluated (other than the Procurement Analyst identified in Section I(E) in the designated manner). Restricted communication includes, but is not limited to, “thank you” letters, phone calls, emails, and any contact that results in the direct or indirect discussion of the RFQ. Violation of this provision by Respondents or their agents may lead to disqualification of Respondent’s Qualification Submittal.

G. QUALIFICATION SUBMITTAL COSTSCPS Energy assumes no liability or responsibility for the costs incurred by the Respondents for any materials, efforts or expenses required in the preparation of Qualification Submittals or in connection with presentations or demonstrations.

II. QUALIFICATION FORMAT & SUBMITTAL

A. PROPRIETARY DATA IN QUALIFICATION SUBMITTALSAll materials submitted to CPS Energy are subject to the Texas Public Information Act upon receipt. If a Respondent does not want proprietary information to be disclosed, each page containing proprietary information must be identified and marked Proprietary at the time of submittal. CPS Energy will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, shall be determined by the Attorney General of Texas. Failure to properly identify proprietary information may result in all unmarked pages being deemed non-proprietary at CPS Energy’s discretion and therefore made available to the public upon request. CPS Energy endeavors to not publicly disclose the contents of any Qualification Submittals during negotiations.

B. QUALIFICATION FORMATRespondent must submit a text-searchable PDF (portable document format, non-zipped) of the Qualification Submittal together with supporting documentation and information requirements to the email address specified in Section I(E) on or before the RFQ response deadline identified in Section I(D).


All electronic (soft) copies shall be provided in Adobe portable document format (pdf) that is text searchable, reproduced directly from the native document (i.e. Word, Excel, MicroStation, AutoCAD). Scanned images and documents will be considered irregular and may be rejected at the sole discretion of CPS Energy. The table of contents and the file naming convention shall mirror each other.

Any and all exceptions to any Qualification Submmittal document, including to the scope of services, requirements, specifications, or the terms and conditions of the propose contract(s) must be clearly acknowledged and inserted in “tracked-changes” (red-lined) format using Microsoft Word.

Please do not submit any single email containing more than 40MB of data. If the Qualification Submittal and supporting documentation contains more than 40MB of data, please contact the Procurement Analyst identified herein. CPS Energy cannot accept zipped files.

C. PRICINGRespondents are instructed not to provide any pricing or rates with their Qualification Submittal. CPS Energy shall procure professional services in accordance with Chapter 2254 of the Texas Government Code.

D. QUALIFICATION SUBMISSION REQUIREMENTS Each Respondent1 shall submit with its Qualification Submittal the following information, organized in the following manner, for CPS Energy’s use in evaluating Respondent’s ability to satisfactorily perform the Services. Qualification Submittals not meeting these minimum qualifications are subject to rejection.

1. Table of Contents.

A table of contents of all sections, figures, exhibits and tables of the Qualification Submittal, all of which must be bookmarked (or tabbed) on the PDF of the Qualification Submittal.

2. Executive Summary or Cover Letter.

a. A brief executive summary of the major facts or features of the Qualification Submittal, including any conclusions, assumptions, and recommendations the Respondent desires to make.

3. Experience & Qualifications.

a. A description of the Respondent’s operational history, which reflects that the Respondent has been actively performing similar Services for the past 5 years.

b. Additional Experience & Qualifications:

1 If the Respondent is comprised of multiple parties (i.e., joint venture or consortium), the submitted Qualification Submittal must contain information regarding each individual party.


Submit at least three (3) similar projects in the United States; include project description, date, location and a reference contact information (name and phone number)

Information regarding Respondent’s fast-track management skills and related experience.

Other: List Professional Engineers Licensed in the State of Texas who will be assigned to this project.

c. Key Team Members:

Provide information regarding all key personnel to perform the Services (“Key Team Members”).

Identify and submit resumes for all Key Team Members. Key Team Members should include at a minimum the following: FGD process/water chemistry Subject Matter Experts(SME), CCR/ELG SME, CCR compliant pond designer

Identify current commitments of each Key Team Member.

Proposed function (role) of each Key Team Member on the Project.

Information regarding any alternatives to Key Team Members.

4. Company / Firm Overview & Multiple Parties.

a. The name and a brief description or history of the Respondent.

b. The location of the Respondent headquarters and branch locations that will have individuals assigned to CPS Energy.

c. If the Respondent’s Qualification Submittal includes multiple firms/parties, provide the following information relating to each proposed participating member: (i) company name, (ii) year company was established, (iii) ownership of company, (iv) roles and responsibilities relating to the Project and Identify whether the team will be structured as a corporation, limited-liability company, general partnership, joint venture, limited partnership, or other form of organization.

5. References. Intentionally Deleted

6. Financial Strength. Intentionally Deleted

7. Surety Bonds, Insurance and Licenses.

N/A


8. Citations.

A list of any citations, notices of violation, legal proceedings, or project terminations that any Federal, State, local regulatory agency or department, corporation, or individual has issued to or against the Respondent, or any employee of the Respondent while that employee was working for the Respondent, during the past three (3) years (“Citations”). For each Citation, state the nature of the Citation and the date of its resolution, together with the contact person for the Respondent who could address any questions about the matter. If there are no Citations, Respondent shall provide such a statement.

9. Conflict of Interest.

Respondent shall complete and submit the Conflict of Interest Attestation attached as Exhibit B.

10. Subcontractors & Subsidiaries.

a. Subcontractors. Subcontractors that may perform any of the Services must be approved by CPS Energy prior to the execution of a contract. If Respondent intends to use subcontractors, complete the Subcontracting Documents available at www.cpsenergy.com (search Subcontracting Documents) or complete the imbedded form.

Additionally, Respondent shall submit resumes including detailed experience of each proposed subcontractor. All Services furnished by a subcontractor in lieu of the Respondent shall be so stated in the Respondent’s Qualification Submittal.

b. Subsidiaries . Any subsidiary of Respondent that may perform any of the Services must be approved by CPS Energy prior to execution of a contract. For any subsidiary of Respondent who will provide Services or to whom the Respondent expects to delegate any of the Services, provide the name, address, and a list of management and key personnel, including resumes showing the experience of individuals actually performing the Services. All Services furnished by a subsidiary in lieu of the Respondent shall be so stated in the Respondent’s Qualification Submittal.

11. Safety.

a. Provide Respondent’s safety information for the most recent three (3) years as follows:

i. An annual statement of worker’s compensation Experience Modification Rating (EMR) (preferably on National Council on Compensation Insurance (NCCI) letterhead). Respondents with an EMR > 1.3 may be


https://www.cpsenergy.com/en/work-with-us/procurement-and-suppliers/contract-services.html

http://www.cpsenergy.com/

disqualified. Respondents with an EMR > 1.3 should explain in detail any extenuating circumstances.

ii. The OSHA Recordable Injury Rates (RIR) and the U.S. Bureau of Labor Statistics (BLS) SIC Code RIR average for the industry.

iii. The OSHA citation history. Respondents with “willful” OSHA citations may be disqualified. All “willful” OSHA citations must be explained in detail.

iv. The OSHA 300 & 300 (A) injury / illness logs.

b. Additionally, provide the following:

i. An electronic copy of Respondent’s safety manual. Respondents with safety manuals that have not been updated to meet current OSHA standards within the last twelve (12) months may be disqualified.

ii. A statement of Respondent’s ability to provide an individual that:

1. has completed the OSHA thirty (30) hour outreach training course;

2. will be committed and available to support the Services to be performed under the Qualification Submittal; and

3. will be responsive in a timely manner to CPS Energy’s request for participation in safety events, analysis and/or sessions.

12. Business Questionnaire.

The Respondent shall submit a completed Business Questionnaire with the Qualification Submittal if (i) Respondent does not have an up-to-date Business Questionnaire on record with CPS Energy, or (ii) Respondent is not listed within the CPS Energy’s supplier database. Business Questionnaires shall only be considered valid for one (1) year from classification date and must be updated with a new Business Questionnaire beyond such one (1) year period.

If Respondent has performed services for CPS Energy in the one (1) year preceding the Qualification Submittal due date and completed a Business Questionnaire at that time, Respondent shall access the Supplier Classification Report to determine whether Respondent’s business classification is current or needs to be updated.


https://www.cpsenergy.com/en/work-with-us/procurement-and-suppliers/economic-development.html




If Respondent is not currently registered to do business with CPS Energy, Respondent shall access the Supplier Registration System to register to do business with CPS Energy.

The Business Questionnaire assists CPS Energy, who is a federal contractor for reporting its contracting activity to the federal government, in identifying a Respondent’s business, if applicable, as Local, Small, and/or Diverse in accordance with the definitions/descriptions below:

Local - Any business located in the San Antonio eight-county metropolitan area as defined by the Office of Management and Budget (OMB). The metropolitan area is colloquially referred to as "Greater San Antonio" and is situated in South-Central Texas. The counties included are Atascosa, Bandera, Bexar, Comal, Guadalupe, Kendall, Medina, and Wilson Counties.

Small - A business that does not exceed the Small Business Administration's size standards, which vary by work category. Information about each category and size standard can be located by going to http://www.sba.gov/size/indextableofsize.html

Diverse - Any business which meets one of the following classifications: Women, Minority, Veteran, Historically Underutilized Business (HUB) Zone, or Service-disabled Veteran.

13. Exceptions to Contract & Existing Agreement.

a. Existing Agreement/Terms and Conditions. Upon award and request from the Procurement Analyst, if Respondent has a non-expired Agreement or Terms and Conditions with CPS Energy with an effective date of February 1, 2016 or later, Respondent shall either: (1) provide a copy of the relevant Agreement or Terms and Conditions, or (2) reference the CPS Energy Purchase Order related to the relevant Agreement or Terms and Conditions. CPS Energy reserves the right to negotiate a new Agreement or Terms and Conditions other than that provided by or referenced by Respondent.

b. Exceptions. Upon award and request from the Procurement Analyst, any and all exceptions to the scope of services, requirements, specifications, or the terms and conditions of the propose contract(s) must be clearly acknowledged and inserted in “tracked-changes” (red-lined) format using Microsoft Word. If there are no exceptions, the words, “NO EXCEPTIONS,” must be stated on the proposed contract.

Any selection of a Qualification Submittal or an award to a Respondent is contingent on the execution of a contract with CPS Energy. In the event the


http://www.sba.gov/size/indextableofsize.html

https://secure.cpsenergy.com/SDR/

parties, after good faith negotiations, cannot agree on terms, CPS Energy reserves the right to withdraw the award or RFQ.

14. Other.

Any other information or documentation Respondent would like for CPS Energy to review and take into consideration when evaluating the Qualification Submittal.

E. TAXESCPS Energy, a municipally owned electric and gas utility, is a TAX-EXEMPT ORGANIZATION. CPS Energy is exempt from certain sales and use taxes with respect to the purchase price of materials, supplies, equipment and consumables purchased under a separate contract. CPS Energy will provide a Sales Tax-Exemption Certificate upon request.

III. EVALUATION AND SELECTION CRITERIA

A. REVIEW OF QUALIFICATIONS1. CPS Energy will evaluate all Qualification Submittals based upon the evaluation

criteria set forth in this RFQ. CPS Energy may or may not issue a RFP after analysis and evaluation of the Qualification Submittals. CPS Energy reserves the right to reject any and all Qualification Submittals, to waive minor formalities and irregularities, and to evaluate the Qualification Submittals to determine which, in CPS Energy’s sole judgment, represents the best value for the Services requested.

2. CPS Energy may conduct investigations, as deemed necessary, to assist in the evaluation of any Qualification Submittal and to establish the responsibility, qualifications, and financial ability of the Respondent, proposed subcontractors, and other persons and organizations who may perform the Services. The Respondent shall furnish, upon request and in a timely manner, all such data and information requested for this purpose.

3. This RFQ, nor evaluation of the Qualification Submittals, does not commit CPS Energy to enter into a contract or proceed with the procurement of Services.

4. Respondents are advised that price will not be a factor in establishing the short-list of finalists from the response to the RFQ. The specific criteria that will be utilized in evaluating the RFP Proposals shall be described in the RFP (if CPS Energy elects to issue an RFP).

5. If CPS Energy elects to issue an RFP, CPS Energy intends to evaluate the submitted Qualification Submittals and select no more than five (5) Respondents deemed most qualified to submit a response to a RFP. CPS Energy will then solicit RFP Proposals from the short-listed Respondents. Once a Respondent has been short-listed, no changes in the Team members will be allowed.


6. Unless otherwise agreed in writing, CPS Energy reserves the right to engage the Services of multiple Respondents and to utilize other providers for the Services described herein.

B. EVALUATION CRITERIACPS Energy intends to review the Qualification Submittals for responsiveness to the requirements of this RFQ, and to evaluate all responsive Qualification Submittals according to the following criteria indicated, and further explained where applicable, below (not listed in order of importance).

1. Experience. Experience performing similar services similar to those described in the Project.

2. Overall Compatibility. The responsibility, qualifications, and financial ability of the Respondent, proposed subcontractors, and other persons and organizations who may perform the Services.

3. Key Team Members.

a. Key Member Qualfications . Respondent members and Key Team Member qualifications.

b. Years of Experience Key Team Members . Consideration will be given to the number of years of experience which Respondent and each individual Key Team Member has.

c. Seasoned Team . Greater consideration shall be given for a Team that has worked together as a team on other similar Project in the United States.

4. Fast-Track Skills. Fast-track management skills and related experience.

5. Past Performance. Past performance (schedule, guarantees, citations, cooperation, consistent demonstration of commitment to excellence in workmanship) on similar projects.

6. Safety. Respondant’s safety information for the most recent 3 years.

7. Economic Developement

C. LOCAL CONDITIONS AND SUFFICIENCY OF DOCUMENTSBy submitting a Qualification Submittal, Respondent understands and agrees that, by the Qualification Submittal due date, all local conditions and factors affecting Respondents Qualification Submittal will have been properly investigated and accounted for in the Qualification Submittal. No adjustments to Respondent’s Qualification Submittal shall be permitted after the Qualification Submittal due date based on the lack of prior information or its effect on the cost (fees, expenses or otherwise) relating to the Services.


CPS Energy makes no warranty, expressed or implied, with respect to the accuracy or sufficiency of the proposed Project description and relating documents or any interpretation of any facts disclosed by any preliminary investigations that may have been made by CPS Energy.

D. ACCEPTANCE AND REJECTION OF QUALIFICATION SUBMITTALSCPS Energy may or may not issue a RFP after analysis and evaluation of the Qualification Submittals. CPS Energy reserves the right to reject any and all Qualification Submittals, to waive minor formalities and irregularities, and to evaluate the Qualification Submittals to determine which, in CPS Energy’s sole judgment, represents the best value for the Services requested.

E. OWNERSHIP OF DOCUMENTSTitle to all RFQ relating documents remains with CPS Energy. All prospective Respondents agree that the RFQ and relating Qualification Submittals will not be used in any manner other than for the preparation of Qualification Submittals.

F. CONTRACT NEGOTIATIONSSubsequent to CPS Energy granting an award, it is contemplated that there will be a period of negotiations to finalize the contract(s) between the parties. Any selection of a Qualification Submittal or an award to a Respondent is contingent on the execution of a contract with CPS Energy. In the event the parties, after good faith negotiations, cannot agree on terms, CPS Energy reserves the right to withdraw the award or RFQ.

G. BOARD OF TRUSTEESWhile preliminary selection, due diligence and even detailed negotiations and other processes could transpire to ensure critical progress is made, any action taken to award a contract by CPS Energy will be subject to approval by the CPS Energy Board of Trustees and will not be final until such approval process has been completed. No payment can be made for action taken or Services started prior to the execution of a contract by both parties.


IV. CHECKLIST OF QUALIFICATION SUBMISSION

Respondent may use the following checklist to ensure its Qualification Submittal is complete, however, the checklist is provided for convenience only and Respondent shall not rely on it for completeness of its Qualification Submittal. Respondent is responsible for reviewing the entire RFQ and ensuring Respondent’s Qualification Submittal meets all requirements set forth therein.

Text-searchable PDF Table of Contents Executive Summary or Cover Letter Experience and Qualifications Company/Firm Overview References Financial Strength Surety, Bonds, Insurance and Licenses Citations Conflict of Interest Subcontractors & Subsidiaries Safety (if applicable) Business Questionnaire Other Information or Documentation Respondent Wishes to Include


Exhibit A

Conflict of Interest Attestation

In order to fulfill reporting requirements to the CPS Energy Board of Trustees, Company must check one box for each of the following questions:

1. Is a current or former member of the CPS Energy Board of Trustees employed by, or otherwise on the payroll, of Company?

Yes □ No □

2. Is a current or former member of the CPS Energy Citizens Advisory Committee employed by, or otherwise on the payroll, of Company?

Yes □ No □

3. Is a former CPS Energy employee who was at the executive level or higher immediately prior to their departure from CPS Energy employed by, or otherwise on the payroll, of Company?

Yes □ No □

In accordance with CPS Energy procurement policies and procedures, CPS Energy shall enter into agreements based on “best value,” which is the consideration of pricing together with several other factors, including, but not limited to, financial stability and economic development.No Current or Prior Conflict of Interest. Company represents that it has/had no current or prior material business, professional, personal, or other interest, including, but not limited to, the representation of other clients, that would be inconsistent or incompatible with Company’s obligations to CPS Energy under any resulting agreement. Notice of Conflict. If any actual or potential conflict of interest arises under this Agreement, Company shall immediately inform CPS Energy in writing of such conflict.Termination for Material Conflict. Notwithstanding the representations made above, if CPS Energy becomes aware of any conflict of interest, through Company's disclosure or otherwise, CPS Energy may terminate any resulting agreement without further liability to Company.Verification / Declaration. I declare under penalty of perjury under the laws of the State of Texas that the foregoing declaration is true, correct and accurate and that I am the Respondent’s Official Representative.

Executed _________________, 20__.By:

Print Name:

Title:

Company:
