This RFP is being issued by the Center for Sustainable Energy® on behalf of the 2016 Statewide Marketing Education and Outreach program, funded by California ratepayers served by Pacific Gas and Electric, Southern California Edison, Southern California Gas Company and San Diego Gas & Electric under the auspices of the California Public Utilities Commission. Request for Proposal 2016 Energy Upgrade California® Retail Marketing Services
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This RFP is being issued by the Center for Sustainable Energy® on behalf of the 2016
Statewide Marketing Education and Outreach program, funded by California ratepayers
served by Pacific Gas and Electric, Southern California Edison, Southern California Gas
Company and San Diego Gas & Electric under the auspices of the California Public Utilities
Commission.
Request for Proposal 2016 Energy Upgrade California® Retail Marketing Services
Energy Upgrade California 2016 Retail RFP 2
TABLE OF CONTENTS 1. ENERGY UPGRADE CALIFORNIA®, CHANNEL, SERVICE & RFP OVERVIEW ............................................................................ 3
A. Company Overview ........................................................................................................................................................ 3
B. Energy Upgrade California Overview.............................................................................................................................. 3
C. Retail Channel & Services Requested ............................................................................................................................. 4
D. Key Performance Indicators ........................................................................................................................................... 6
E. Top Ten Best Practices/Key Learnings ............................................................................................................................ 6
F. Parameters & Key Insight to RFP .................................................................................................................................... 8
G. Eligibility and Minimum Contractor Requirements ....................................................................................................... 8
H. Key Dates ........................................................................................................................................................................ 9
4. SUBMISSION OF PROPOSAL ................................................................................................................................................ 12
A. Questions ..................................................................................................................................................................... 12
B. Electronic Submission of Proposals .............................................................................................................................. 13
C. Verification of Receipt of Proposal ............................................................................................................................... 13
D. Errors or Omissions ...................................................................................................................................................... 13
E. RFP Withdrawal ............................................................................................................................................................ 13
F. Proposal Preparation Costs ........................................................................................................................................... 13
G. Terms and Conditions .................................................................................................................................................. 13
H. Indemnification ............................................................................................................................................................ 14
I. Proposal Review - Clarifications .................................................................................................................................... 14
J. Permits, Licenses or Certifications ................................................................................................................................ 14
K. CSE Rights..................................................................................................................................................................... 15
6. ADDITIONAL DOCUMENTS FOR REFERENCE ....................................................................................................................... 15
7. CONSIDERATION OF PROPOSALS ........................................................................................................................................ 16
A. Logo Use/Publicity ........................................................................................................................................................ 16
B. Women/Minority/Disabled-Veteran-Owned Business and Small Business ................................................................. 16
C. Confidentiality .............................................................................................................................................................. 17
1. ENERGY UPGRADE CALIFORNIA®, CHANNEL, SERVICE & RFP OVERVIEW
A. Company Overview The Center for Sustainable Energy® (CSE) is an independent, nonprofit 501(c) (3) organization that helps residents,
businesses, and public agencies save energy, reduce grid demand, and generate their own power through a variety
of rebate, technical assistance, and education programs. CSE is the administrator of Energy Upgrade California®,
which is the state’s energy management brand and statewide marketing, education and outreach (SW ME&O)
initiative, led by the California Public Commission (CPUC) in coordination with the California Energy Commission.
Herein this request for proposal (RFP), CSE shall be identified as “CSE” and the service provider sought shall be
“Bidder” or “Contractor”.
B. Energy Upgrade California Overview On December 27, 2013, the CPUC issued D.13-12-038 (“Decision”), adopting the SW ME&O initiative and Energy
Upgrade California as the state’s umbrella brand for residential and small business demand side management
(DSM) programs and activities. The Decision established CSE as the administrator and implementer of the
statewide initiative and determined the two-year timeframe for the program to be 2014 to 2015. The Decision
provides direction to CSE, Pacific Gas and Electric Company, Southern California Edison, San Diego Gas and Electric,
and SoCal Gas Company (IOUs) and the Regional Energy Networks (RENs) regarding governance, roles and
responsibilities and other implementation details. The most recent decision, D.15-08-033, provided bridge funding
to support this program through 2016 and identified CSE to continue management and administration of this
initiative.
The purpose of this RFP is to provide the opportunity for parties to submit bids to provide comprehensive retail
marketing services for the statewide Energy Upgrade California marketing and outreach campaign(s). 1 The selected
contractor will support the retail channel (medium) and serve as an integral part of this larger SW ME&O initiative.
All interested parties and qualified firms should review the criteria set forth and submit relevant proposals by the
deadline.
CSE provides a wide variety of supporting documents on the Retail RFP website for each Bidder to access and
review: https://energycenter.org/2015-Retail-RFP. The following are the Energy Upgrade California “Educate,
Motivate and Activate” Objectives as noted in the Integrated Communication Plan IV (ICP IV) which can be
downloaded on the site. The retail channel plays a critical role in achieving these objectives:
Educate Californians on why energy use matters, how California homes and small businesses use energy, plus energy efficiency, demand response, distributed generation, and energy management actions available to them through programs, products, services, and no-cost/low-cost actions.
Motivate Californians to learn more about their energy use and connect personal energy management choices with the benefits of reduced costs, increased savings, comfort, and the identity of being Californian.
Activate Californians to make better choices in their behavior and decision-making around energy use and take action to manage their use through customized calls to action per campaign.
It is strongly recommended each Bidder review the documents provided to learn more about this initiative. Please
visit the brand’s website at www.EnergyUpgradeCA.org, sign up for the Energy Upgrade California newsletter, and
use the MyEnergyUpgrade tool to create your own energy plan.
1 Energy Upgrade California promotes different energy management topics or “campaigns” during each marketing plan period.
Typically the plan period is six months; however the current phase is 15 months, Oct 2015-Dec 2016.
C. Retail Channel & Services Requested The retail channel is the newest and most challenging channel to execute a holistic energy education initiative. CSE believes, however, that this channel holds the greatest opportunity to realize actionable, accountable and measurable results for Energy Upgrade California. This channel affords Energy Upgrade California the opportunity to build long-term relationships with retailers (i.e. The Home Depot, Sears, Dixieline), manufactures (i.e. Whirlpool, Lennox, Nest) and other key partners (i.e. ENERGY STAR®, Association of Home Appliance Manufacturers) to develop new marketing and education strategies and tactics that will support all partners’ goals and objectives. Last, this channel is at the center of launching new technologies and products such as the home automation category, new ENERGY STAR Most Efficient branded appliances and more, which makes retail the perfect channel for Energy Upgrade California to be part of. The goals, objectives and proposed services required by the selected Bidder include the following: 1. Goal: Source, secure and build partnerships with retailers, manufacturers & other stakeholders
Objectives o Sell in and secure approval from targeted retailers to allow Energy Upgrade California to utilize
their retail stores in California to promote the brand’s Educate mission. While the program has been operating in retail since its launch in September 2014, the coverage of retailers must expanded. CSE will look for the selected Bidder to lead the sell-in process at retail and be willing to collaborate with other Energy Upgrade California partners to expand coverage to more retailers. The current program gained approval to work within 80+ stores to promote the variety of Energy Upgrade California topics.
o Source, secure and build partnerships with manufacturers of energy efficient products. It is critical to the success of the retail channel that partners support the sell-in to retailers, enable Energy Upgrade California to gain valuable insight, and provide an opportunity for co-op marketing/promotions to increase education and awareness metrics, along with raising brand credibility.
o Collaborate with California IOUs. Energy Upgrade California believes this will yield increased education, awareness and participation metrics for all entities. Coordination with IOUs will lead to better insight and a more effective implementation of Energy Upgrade California’s retail marketing initiatives as well as increase awareness and participation of IOU programs.
o Source and secure partnerships with organizations that will enhance implementation at retail such as ENERGY STAR, National Retail Federation, or the American Lighting Association. This effort will be a key aspect of the retail channel’s success in 2016.
o The agency must be willing to collaborate with CSE and other Energy Upgrade California agency partners to collectively build a list of key associations and organizations to be targeted.
2. Goal: Co-create, collaborate and execute an implementation plan to exceed Energy Upgrade California program
performance metrics & retail KPIs
Energy Upgrade California is seeking an agency to create an implementation plan for the retail channel. Final approval of the plan will reside with CSE. The agency must have the capacity to execute the implementation plan through a variety of retail marketing services that may include, but not be limited to, the following tactics:
o Account team to manage the program o Source, secure and manage full-time and part-time field representatives to support Energy
Upgrade California o Merchandising services
Energy Upgrade California 2016 Retail RFP 5
o Retail marketing and execution services to implement promotions, parking lot events, couponing, contests, etc.
o Source and secure retail marketing materials, as needed o Conduct retail and industry research, as needed o Mystery Shopper Services o Data capture and reporting capabilities o Agency support services, as needed (HR, finance, warehousing, IT, creative, marketing & other
vendors) o Retail sell-in (as noted above)
Retail Marketing Strategies & Tactics from ICP IV The winning agency will be tasked with using a variety of retail marketing strategies and tactics to promote each campaign as it pertains to targeted product categories and shoppers’ interests, as follows:
Engage shoppers at targeted product categories within the store, parking lot events, or via in-store educational demonstrations, at applicable retailers
Build and leverage manufacturer partnerships to increase educational opportunities and expand retailer coverage
Utilize interactive tools to increase the number and length of engagements plus increase retention of educational messages and customer data capture
Engage shoppers with defined messages and applicable educational moments that relate to their shopping interests/objectives
Promote applicable IOU programs and provide relevant brochures and materials from stakeholders and partners
Integrate State of Saving financing campaign into retail outreach to help people engaged in conversation already
Create and collaborate with partners on retail marketing ideas to increase Energy Upgrade California results at retail
Lead the integration of retail with other channels to increase collaboration that yields higher results for all channels (e.g., Earned and Social Media, Mobile, Sponsorships etc.)
If the prime contracting agency does not have the capacity within their agency to implement these services, we highly encourage the Bidder to partner with WOMEN, MINORITY AND DISABLED VETERAN OWNED BUSINESS ENTERPRISES (WMDVBE) and Small Business and Disadvantaged Small Businesses. Three points may be awarded to Bidders who are verified as a Women/Minority/Disabled Veteran Business Enterprise (WMDVBE) and two points for those verified as a small business. These points will only be awarded if: 1) Bidder provides verification in their proposal, and, 2) Bidder meets the minimum threshold of 70% of total possible points for sections A-C; and 3) If the Bidder with the highest score on sections A-C does not qualify for Preference Points.
General Guidelines for Creating the RFP:
Contract Period: November 2015 through December 2016
Budget o $1,000,000 all-inclusive o Budget for out-of-pocket expenses are “at cost” and should not include any agency service fees added
to the actual cost of the items
RFP Project Timeline: o Planning and preparing for 2016: November and December 2015 o In-field execution starts: Forecasted to start February 2016 o In-field execution completed: End of 2016 o Metrics & KPI’s will be agreed on and included in the final contract
Energy Upgrade California 2016 Retail RFP 6
A strategy and tactical collaborative meeting is mandatory prior to contract development and applicable SOW
D. Key Performance Indicators
Key Performance Indicators for 2016 The following are a non-inclusive list of KPI’s for retail:
# of events, store visits, total retailers participating/approved, total stores covered
# of consumer engagements/interactions, # consumer impressions, # of consumer seminars/workshops
# of retail sales associates trained, # of retail sales associated signed up for online training, # retail sales associate formal/regional trainings
Retail sales associated mindshare/understanding of the brand’s value proposition
# of contractor workshops, # of contractors engaged, # of contractor events
# products promoted/sold that can be verified as influenced by education
# of IOU collaborated events/promotions/educational initiatives
# of new partners secured and # of initiatives created & implemented
# of promotions created and executed
# of merchandising pieces created, placed and total # of impressions
# premiums distributed
# of pledges/commitments from shoppers
Verification or validation of understanding and comprehension of educational messages
# e-mails secured
Cost based metrics – examples: cost per action, cost per event, cost per engagement etc.…
Hourly rates for all applicable metrics (engagements per hour, e-mail captured per hour etc..), as applicable
E. Top Ten Best Practices/Key Learnings To provide Bidders insight on the retail channel, here are the Top Ten Best Practices/Key Learnings from retail: 1. Retailers require longer lead times to create, approve, communicate and implement energy education
initiatives like Energy Upgrade California versus other channels like paid media, community outreach and social media since this is a new concept to retailers
Assume 6 to 8 months lead time as a minimum assuming a relationship is already established
Anticipate retailers merchandising and promotional calendars for the year
Proactively schedule participation in retailer's regional trainings
Schedule Q4 2016 holiday implementation no later than May 2016 to ensure approval 2. Retailers require approvals from multiple departments/personnel due to the variety of products and services
for this topic, which is typically not the case for normal manufacturer in-store marketing activities that focus on one product/brand within one category
For example: approval could be required from store ops, individual store management, merchant/buyer, sustainability personnel, marketing and training departments
Retailers are becoming more aware and interested in sustainability and energy education, therefore understanding and aligning with retailers’ corporate missions is critical to ensure faster sell-in and understanding of Energy Upgrade California’s value proposition
3. Create an in-store tabling experience that quickly and simply demonstrates to shoppers Energy Upgrade California is not directly selling anything to shoppers is key to increasing engagements with shoppers
Retailers may have “in-aisle” sales representatives “hard selling” or aggressively promoting their products and services so shoppers expect to be “approached” while browsing
Many home improvement stores utilize their own retail sales associates to roam inside stores to promote their store services, such as kitchen remodeling or installation services
Energy Upgrade California representatives conduct tabling events have only a few seconds to initially engage shoppers, therefore it is critical that the in-store experience clearly identifies the representative's role to educate shoppers
Energy Upgrade California 2016 Retail RFP 7
In-store tabling events and Energy Upgrade California Brand Ambassadors working within home improvement stores are often mistaken as solar sales agents (e.g., Solar City, Sungevity), therefore is critical that the supporting marketing elements create an inviting experience that encourages shoppers to want to engage
4. Understand retailer needs and ensure their interests are valued, by proactively providing customized retail marketing initiatives along with insightful and timely updates to build long-term partnerships with corporate personnel, district & stores management along with retail sales associates in individual stores
Retailers need to be educated on Energy Upgrade California’s value proposition as it relates to their needs
Corporate retailers need insight from the field to build a solid relationship with Energy Upgrade California by demonstrating the value of “field level” intelligence
Energy Upgrade California is a trusted advisor, therefore our “recon” from the field has a higher level of validity/quality
Providing a flexible menu of marketing options for retailers to “choose from” ensures faster approval and demonstrates a genuine interest in retailers’ needs and nuances of their in-store experience
5. Demonstrate how “education” can lead to increased sales is critical to maintaining retailers’ support in-store
The key is to relate the energy education topic directly to the applicable product category to motivate shoppers to take action
Energy Upgrade California is “brand agnostic”, which affords our brand the ability to promote the entire category, which is highly valued by the retailer
Energy Upgrade California has an invaluable unique position in-store as being the ONLY in-store representative to be able to talk to a wide variety of products, services and brands that relate to energy and water education
6. Collaborate with the manufactures/IOUs/key partners/agencies to proactively demonstrate the value of Energy Upgrade California to each group
Manufacturers are eager to partner with Energy Upgrade California once they clearly understand the value proposition provided to shoppers, retail sales associates and contractors
Local utility programs are a key component of Energy Upgrade California’s educational mission, as participating in IOU programs at retail is a key “energy action” shoppers can take
Energy Upgrade California could provide valuable retail recon to entities like ENERGY STAR, the CPUC and the CEC
7. Create and promote Energy Upgrade California’s value proposition at the store level to retail sales associates, department managers and store management
Answer the question for each group: “Why is Energy Upgrade California important to them?”
Each role requires a slightly different approach and message which needs to be understood and effectively communicated
8. Pilot ideas and concepts quickly, gain key learnings, and provide solid recommendations timely
Having a “start-up” type mentality is key to the success at retail, as in many ways, this initiative is very innovative and ground breaking which requires an ability to learn at a “fast and furious” pace
9. In-store reps should not try to be an “energy expert or know-it-all” and overwhelm shoppers with too much information as this creates “information overload” and leads to inaction, which is in direct contrast to Energy Upgrade California’s goal
Assume the engagement with shoppers is the “first” in a long road of communication to start each person on their energy journey
Ensure in-store reps receive training on soft communication skills in addition to each energy topic
Train reps to provide the key message effectively and have the ability to guide shoppers to the resources in support of their “next step” or action
10. Deliver the Energy Upgrade California message in a simple, easy to understand manner to motivate action and understanding based on the key targets
F. Parameters & Key Insight to RFP This RFP is an open and competitive process and will award one purchase order that will be managed by the
selected contractor. If the execution of the Scope of Work requires the hiring of sub-contractors, clearly state this in
the proposal and define the work of the sub-contractor(s). The evaluation will be on a best value basis considering
the criteria as scored by CSE, CPUC and other possible evaluators. The terms of the contract will include
implementation through the calendar year 2016, unless noted otherwise in the final contract agreed to by the
winning agency.
Ownership Rights
Contractor agrees that all reports, designs, diagrams, studies, conclusions, recommendations, analyses and other
materials developed, generated or produced by Contractor as required in the performances of the Scope of Work or
“Work Product” shall be owned by and shall be the exclusive property of CSE. The Work Product, including any
duplicate copies kept by Consultant, shall not be shown to any other public or private person or entity except as
expressly authorized in writing by CSE or as required by law. All Work Product shall become the property of CSE
without restriction as to use.
It is strongly recommended that each Bidder:
Objectively assess your agency’s capabilities to fulfill the requested services
Verify that your agency meets the minimum qualifications to respond to this RFP
Read and understand the ICP IV prior to creating your response
Coverage for retail is defined by the CA IOU service territories, therefore please be mindful when building your coverage models as to not include coverage outside these regions
Include coverage in the Central Valley, as many agencies may be inclined to neglect this territory
Understand all three targets (Striving Believers, Leading Achievers etc.…) and pay close attention to how each target will sync up with the focused topic
Do not go over budget
Include a reliable and intuitive data capture and reporting system
Demonstrate your understanding of the energy industry in California and its relationship with retail
Provide a brief summary of your plan to train and re-train the field reps to ensure their understanding of each topic
Assume you will have access to an online training tool to promote to retail sales associates and utilize as a tool to train the account team/staff
Include your plan for retail sell in and build manufacturer relationships
Adhere to the submission and formatting requirements as noted in this document
Submit your questions in the form requested and before the deadline listed in this RFP
Be very willing to collaborate
G. Eligibility and Minimum Contractor Requirements CSE will contract with one Prime Contractor. If your company is not best in class in meeting each of these criteria,
CSE is open to your serving as the Prime Contractor with strategic alliance partners on your project team that do
meet the criteria, except where specified for the Prime Contractor.
Minimum Requirements:
Business must have a minimum of eight (8) years in operation.
Energy Upgrade California 2016 Retail RFP 9
Must have an office located in California where the majority of the work will be performed.
Must have retail marketing experience of at least five (5) years.
Experience in developing and implementing retail marketing and education initiatives.
Willingness and demonstrated ability to collaborate with a wide variety of partners and stakeholders.
Experience working retail locations within CA.
This contract is subject to General Order 156 and related supplier diversity policies that require WOMEN,
MINORITY AND DISABLED VETERAN OWNED BUSINESS ENTERPRISES (WMDVBE) and Small Business and
Disadvantaged Small Businesses to have the maximum practicable opportunity to participate in the
performance of work. Our contract goals comply with General Order 156 which is 15% for minority-owned
businesses, 5% for women-owned businesses and 1.5% for service-disabled-veteran-owned businesses. We
encourage as much diversity as optimal and points may be awarded for certified WMDVBE and small
business inclusion on project teams.
Compliance: Execution and management of the account, understanding and adherence to the business
process and procedures as outlined in the final Statement of Work (SOW) and/or as directed by CSE, is vital
to the implementation of this initiative. In general, the winning Bidder will need to collaborate with a wide
variety of agencies and stakeholders, and provide a depth of reporting and accountability.
Contractor preferences, but not requirements:
Main corporate office is located in CA.
Background and/or experience in CA’s energy industry.
Experience creating and implementing any type of behavior change initiatives.
Understanding of government regulation process and procedures.
Experience working with CA IOUs, CPUC, CEC, local government partners in CA or partnering with other
Program Implementers in CA.
Experience working with other utilities or energy industry partners outside of CA.
Additional points may be given to firms that utilize teams with professionals representing WMDVBE
businesses, small business and disadvantaged small businesses.
Experience working with ENERGY STAR.
Demonstrated ability and willingness to collaborate and work with other partners and agencies.
H. Key Dates The following is the schedule of planned milestones. This schedule is subject to change by CSE as required and
without notice:
RFP Released 10/6/2015
Deadline for Bidders to submit questions 10/9/2015
Answers to Bidder questions posted 10/13/2015
Intent to Submit from Bidders 10/16/2015 @ 5pm PDT
Proposals due 11/2/2015 @ Noon PDT
Selection of top Bidder(s) 11/11/2015
Face-to-face interviews for finalists 11/18/2015
Energy Upgrade California 2016 Retail RFP 10
2. PROPOSAL REQUIREMENTS
Please review carefully, as non-compliance may be cause for your proposal to be eliminated from consideration.
To ensure all proposals are reviewed in a timely and efficient manner we request the following:
All proposals must contain, at minimum, all of the following elements in order and titled as noted in each
section (e.g., Bidder’s Executive Summary, Bidder’s Solution and Recommendation, etc.)
All submitted documents must be in Microsoft Word
Limit the number of attachments to your response in general it should only include the word and verification of
WMDVBE, if applicable
Limit the proposal to less than 50 pages
A. Cover Page
On the cover page, submissions must include the Bidder’s Name, Contact Information, Date of
Submission with the title on the page: “2016 RFP Retail Marketing Agency Response from Bidder’s
Name”
B. Bidder’s (insert your name) Executive Summary Overview of your agency’s value proposition, recommendations and solutions
Overview of the budget breakdown by percentage of the Bidder’s total budget to field personnel, account
management, retail sell in and retail marketing/support materials, etc.
Overview of the retail metrics chart
C. Bidder’s Solution & Recommendations Summary of your solution based on reviewing the ICP IV
Goals, Objective, Strategy & Tactics of Bidder’s Solution
Forecasted metrics
Timeline for implementation and execution
Plan to ensure quality control and plan to manage the field/implementation
D. Bidder’s Experience & Capabilities Summary of experience and capabilities as it pertains to this RFP
Bios of key account personnel that will work on the business (please do not include bios of personnel that
are involved in the pitch but will not work on the business)
For the past five (5) years, provide:
o Three (3) applicable case studies that are not more than one page each
o All retailers your agency has worked with in California
o All California-based clients your agency has/is currently working with
o All California government entities, non-profit organizations and California IOUs your agency has
worked/is working with
o Three (3) references
E. Bidder’s Budget There is up to $1,000,000 funding available for this effort
Summary of the rationale and strategy behind building the budget. Submitted bids must include all costs
associated with the services which include but are not limited to management, reporting, training, on-
Energy Upgrade California 2016 Retail RFP 11
boarding, estimated travel, phone/communication costs etc. CSE shall only pay the hourly rate(s) set
forth in this bid.
Provide hourly billing rates for each Bidder’s staff. The Bidder, in calculating the bid price, has taken into
consideration the possible escalation of wages, material and other costs during the term of the work.
Personnel Responsibility Proposed Hourly Rate ($)
[Position Title #1]
[Position Title #2]
F. Bidder’s Company Information, Subcontractor Information & Retail Metrics Overview
Chart Account team structure and organizational chart
Company Information
o Agency Name & contact information
o Contact information of the office the work will be performed out of
o Number of employees at the office the work will be performed out of
o Number of the agencies employees (total)
o Number of years in business
o Number of years working in retail marketing
o Number of years working in the energy industry
Financial Data
o Form of Ownership
o Business model. Please simply explain your business model.
o Is the company Dunn and Bradstreet rated? Yes or No
o If yes, what is the rating?
o If your company is not D&B rated, is there any other commercial rating that applies to your business?
Please specify.
o Has your company ever filed bankruptcy? If so, please explain
o Net worth of the company
o Identify the percentage of business would this program represent in the company’s annual revenue
o Three references from banking institutions
o Has the company ever been involved as a party in any litigation, arbitration or mediation? If so, please
explain. Failure by a Bidder to disclose any such claims and/or litigation may result in a determination
that the Firm is ineligible to bid on, contract for, or perform work in connection with future CSE
projects.
List Top 10 US clients and Top 10 California-based clients.
List the categories or product lines that cannot be accepted at this time due to conflict of interest.
List all subcontractors and identify if WMDVBE. Per CPUC General Order 156, Bidders must supply
information on their WMDVBE status and subcontracting plans. CSE will consider this information in evaluating
bids. CSE encourages Bidders certified WMDVBE by the Supplier Clearinghouse
(http://www.suppliernetwork.net/) and/or Small Business by the Office of Small Business and DVBE Services
(OSDS) (http://www.dgs.ca.gov/pd/Programs/OSDS.aspx) to submit responses to this RFP. Non-WMDVBE and
Bids received after 12:00 p.m. on November 2, 2015 will not be considered. Do not submit physical items, such as
marketing collateral or flash drives containing application materials, unless requested by CSE in writing.
C. Verification of Receipt of Proposal Bidder is solely responsible to ensure that its proposal is received via email by the deadline for submission as
specified in this RFP. CSE will respond to each submission with a receipt of submission no later than November 4th.
D. Errors or Omissions
Any Bidder that discovers an error or omission in its proposal may withdraw that package and resubmit one,
provided that it does so before the deadline for submission. However, CSE
E. RFP Withdrawal CSE makes no guarantee that a contract award shall result from this RFP. CSE reserves the right at any time, in its
sole discretion, to abandon this RFP process, change any dates specified in this RFP, change the basis for evaluation
of bids, terminate further participation in this process by any Contractor, accept any bid or enter into any definitive
agreement, evaluate or reevaluate the qualifications of any bidding Contractor or the terms and conditions of any
bid, change any form, document, term or condition used in this RFP, or reject any or all bids, all without notice and
without assigning any reasons and without liability of CSE or any of its subsidiaries, affiliates or representatives to
any bidding Contractor. CSE shall have no obligation to consider any bid.
F. Proposal Preparation Costs
Bidders will not be reimbursed for any expenses related to this RFP under any circumstances, regardless of whether
the bidding process proceeds to a successful conclusion or is abandoned. CSE shall not be deemed to have accepted
any bid, and shall not be bound by any term thereof, unless and until an authorized representative of CSE executes
a definitive agreement with the winning Bidder. This RFP does not commit CSE to reimburse respondents for any
costs incurred in preparing and submitting a proposal including, but not limited to, costs associated with the
Bidder's travel expenses to attend any pre-proposal conferences, oral presentations, long distance charges,
negotiation sessions or making necessary studies and designs or samples in preparation of a response. In addition,
no Bidder awarded a contract as a result of this RFP may charge these costs back to CSE at any time.
G. Terms and Conditions
By submitting a proposal pursuant to this RFP, the Contractor acknowledges and agrees that it has received the
RFP; it is fully bound by the terms and conditions of the RFP in submitting its bid in response to the RFP; it sought
independent legal and financial advice of its own choosing with respect to the RFP and its proposal if desired; it
obtained all necessary authorizations, approvals and waivers, if any, required by it as a condition of submitting its
proposal, and, if its proposal is selected, such proposal shall be subject to the terms and conditions of this RFP.
Contractor, by submission of their proposal warrants that Contractor is submitting its proposal subject to all
applicable laws, is not engaging and will not engage in communications with any other Bidder in the RFP concerning
the price terms contained in its proposal, and has not engaged in collusion or other unlawful or unfair business
practices in connection with this RFP. Contractor’s proposal is binding, subject only to CSE’s acceptance in CSE's
sole discretion with CSE’s satisfaction or waiver of any conditions precedent or subsequent, to the agreement that
may be entered into with CSE. Any breach by Contractor of the foregoing covenants, representations and
warranties is, in addition to any other remedies that may be available to CSE under applicable law, grounds for
immediate disqualification of such bidding Contractor, and, depending on the nature of the breach, may also be
grounds for terminating the RFP in its entirety.
H. Indemnification
To the fullest extent allowable by law, Bidder will defend, indemnify and hold harmless CSE, its Board of Directors,
members, officers, agents, employees and directors (hereinafter “Indemnified Parties”) from and against any claim,
demand, loss or liability (hereinafter “Claim”) or any nature or cause whatsoever, and whether actual or alleged,
arising from or in any way connected with the performance of this RFP, including, but not limited to, any Claim for
personal injury, death, property damage, loss of profits, infringement upon intellectual property rights, failure to
comply with all of the requirements contained in this RFP and disclosure of confidential information which might be
obtained by Bidder during performance of this Agreement, except where such Claim is caused by the sole
negligence or willful misconduct of the Indemnified Parties.
If any action or proceeding, whether judicial, administrative, arbitration or otherwise, shall be commenced on
account of any Claim covered by this RFP, and such action or proceeding names any of the Indemnified Parties as a
party thereto, the Bidder shall, at its sole cost and expense, defend the Indemnified Parties in such action or
proceeding.
In the event that there shall be any judgment, award, ruling, settlement, or other relief arising out of any such
action or proceeding to which any of the Indemnified Parties are bound by, Bidder shall pay, satisfy or otherwise
discharge any such judgment, award, ruling, settlement or relief and shall indemnify and hold harmless the
Indemnified Parties from any and all liability or responsibility arising out of any such judgment, award, ruling,
settlement or relief.
I. Proposal Review - Clarifications
CSE may but shall not be obligated to perform clarification interviews or request clarifications in writing. A
clarification interview may be performed via telephone and will focus on clarifying the information set forth in the
proposals, rather than offering Bidders the opportunity to revise its proposal. Bidders will not be compensated for
the time spent or the costs incurred for the interview(s) or for responding to a written request for clarification.
J. Permits, Licenses or Certifications
If any permits, licenses, and/or certifications are required by any legal or governing body for the performance of
the contract, said permit, license and/or certificate shall be secured and paid for by the Bidder. If required for the
performance of contract work, a current copy of said permit, license, and/or certificate must be submitted at the
time this contract is executed. Permit, license and/or certificate numbers shall be recorded on all invoices
Energy Upgrade California 2016 Retail RFP 15
presented to CSE for payment. Bidder shall give all required notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as specified.
K. CSE Rights
CSE reserves the right to investigate the references and past performance of any Bidders regarding compliance with specifications, completion or delivery on schedule, and lawful payment of suppliers, sub-contractors and workers prior to any contract award. CSE also reserves the following rights:
Reject any or all of the proposals.
Issue subsequent RFPs.
Cancel the entire RFP.
Amend any part of the RFP process by addenda.
Appoint evaluation committees to review qualifications or proposals.
Seek the assistance of outside technical experts in qualification or proposal evaluation.
Require Bidders to clarify submittals and to submit additional information.
Meet with and interview Bidders or subcontractors.
Approve or disapprove the use of particular contractors or subcontractors.
Establish a short list of firms eligible for discussions.
Waive informalities and irregularities in the RFP.
The Company is under no obligation to respondents to provide specific details regarding the award decision.
Inquire of CSE personnel and consultants regarding Bidder’s past performance.
5. CONTRACT EXECUTION
It is CSE’s intent to execute an agreement with the successful Bidder to cover all approved activities through the
term outlined in the SW ME&O CPUC final decision. Bidder’s proposal shall be valid for ninety (90) days after
receipt. CSE’s failure to execute a contract within 90 days after receipt of Bidder's proposal may result in
cancellation or extension of this RFP at CSE’s sole discretion.
6. ADDITIONAL DOCUMENTS FOR REFERENCE
To better understand the current approach to the SW ME&O campaign, it is recommended that Bidders read the
following documents. The following documents can be downloaded at https://energycenter.org/2015-Retail-RFP:
o Standard CSE Contract Energy Upgrade California: This document includes the “trickle down” terms that all
vendors of CSE working on Energy Upgrade California will need to follow.
o PG&E Non-disclosure agreement: This document will need to be agreed to by any vendor.
o Brand Assessment Report: A detailed report on how the Energy Upgrade California brand is perceived
among California residents.
o 2013-14 Energy Upgrade California Marketing Plan: Provides information on the strategy, purpose and
intended marketing, education and outreach efforts for Energy Upgrade California.
o 2011-12 General Households Population Study in California: A recent study that provides information on
California’s population and updated information on the five segment groups used for Energy Upgrade
California.
o 2009 Opinion Dynamics Corporation (ODC) Segmentation Report: A detailed report outlining the
characteristics of the five-segmented groups targeted for Energy Upgrade California.
o Energy Upgrade California Brand Guidelines: Basic description of the Energy Upgrade California brand.
o Ethnographic Research Findings: Provides past research on Californian’s attitudes toward energy efficiency