This Document Is NOT a Template, It Is Intended to Be a Starting Point for Developing

This document is NOT a template, it is intended to be a starting point for developing a project specific Request for Proposal. Please consult campus counsel when developing an RFP for a Solar PV project.

Sample

Request for Proposal

{insert campus}

{insert description}

{insert project number}

Each Solar PV project is unique. This sample RFP was written for a remote net metered project, on privately held land, using some amount of funding through a NYSERDA Program Opportunity Notice. This document is NOT a template, it is intended to be a starting point for developing a project specific Request for Proposal.

Please consult campus counsel when developing an RFP for a Solar PV project.

Responses Due: {insert date}

May 2015 Attachment 2 to ENG-01

TABLE OF CONTENTS

SUMMARY INFORMATION FORM 1

Section 1: OVERVIEW 2

Section 2: TECHNICAL REQUIREMENTS 2

B. Timely Completion 2

C. Prime Power 3

D. System Size Limitation 3

E. NYSERDA Award 3

F. Remote Net Metering, Interconnection 3

G. State Environmental Quality Review Act 4

H. Photovoltaics 4

I. Metering and Data Acquisition for PV Installations 4

Section 3: PROJECT SPECIFICATIONS 4

A. Work to be Done 4

B. Project Site Description 5

C. System Design and Permitting 5

D. PV System Documentation and Process Control 6

E. Balance of System 6

F. Material Requirements 7

Public Work – Prevailing Wage 7

Section 4: METHOD OF AWARD 7

Proposal Evaluation Criteria 8

Evaluation Points 8

Award 9

Section 5: BIDDER QUALIFICATIONS 9

A. Minimum Bidder Qualifications 9

1. Financial Resources 9

1. Experience 10

3. Implementation Schedule 10

4. Project Site Package 10

5. Quality Assurance Plan 10

B. Bidder References 10

Section 6: BID SUBMISSION REQUIREMENTS 11

A. Bid Submission Requirements 11

B. Bidder Questions 15

C. Pre-Bid Proposal Meeting 15

D. Site Visit 15

E. Bid Opening 15

Section 7: GENERAL INFORMATION 16

A. Electronic RFP 16

B. SUNY’s Reserved Rights 16

C. Contract Award 17

D. Post Award Procedures 17

Section 8: GENERAL TERMS AND CONDITIONS 17

1. Free and Open Competition 17

2. Notification of Errors, Inquiries and Interpretation 17

3. No Claims or Rights 17

4. Conflict of Interest 17

5. Bidder’s Terms and/or Conditions 18

6. Acceptance of RFP Content 18

7. Services Outside Scope of the Contract Awarded 18

8. Standard Contract Clauses 18

9. Binding Effect 18

10. Confidentiality/Freedom of Information Law 18

11. Minority and Women-owned Business Enterprises (MWBE) 19

12. Equal Employment Opportunity Requirements 19

13. Encouraging Use of New York State Businesses in Contract Performance 20

14. Office of Federal Contract Compliance Programs 20

15. Governing Law 20

16. Omnibus Procurement Act of 1992 21

17. Determination of Vendor Responsibility 21

18. Requirements of New York State’s Recycling Program 22

19. State Consultant Services Reporting 22

20. Electronic Payment Authorization 22

21 Timeliness of Payment and Interest 22

22. Exhibits 22

23. Independent Contractor 23

24. Subcontracting 23

25. Compliance 24

26. Indemnification 24

27. Liability 24

28. Insurance 25

29. Travel 26

30. Termination 26

31. Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k 26

32. Restrictions on the Activities of Current and Former State Officers and Employees 27

33. Diesel Emissions Reduction Act of 2006 27

34. Smoke Free SUNY 28

Notary Acknowledgement 29

Attachment 1: Bid Submission Checklist 31

Attachment 2: Bidder Qualifications Submission Form 32

Attachment 3: Procurement Lobbying Act Certification 33

Attachment 4: Non-Collusive Bidding Certification 35

EXHIBIT A: State University of New York Standard Contract Clauses 37

EXHIBIT A-1: State University of New York Affirmative Action Clauses 38

EXHIBIT A: State University of New York Standard Contract Clauses 39

EXHIBIT C: Model Lease Agreement 40

EXHIBIT D: Model Power Purchase Agreement & Performance Guarantee 41

EXHIBIT E: Project Site Description / Feasibility Support Documents 42

EXHIBIT F – COST PROPOSAL 43

May 2015 Attachment 2 to ENG-01

SUMMARY INFORMATION FORM

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

RFP #: / RFP Title: / RFP Release Date:
Electronic copies of this RFP are available at:
Key Events
Questions/Requests for clarification due
Response to questions/requests for clarifications issued
Pre-Bid Conference (if applicable) indicate whether mandatory or optional
Site Visit (if applicable) indicate whether mandatory or optional
Notice of Intent to Bid Due (if applicable) indicate whether mandatory or optional
Proposal Due Date and Time
Presentation, Demonstration, Interview (if applicable)
Anticipated Notification of Award
Anticipated Contract Start Date
Anticipated Term Length of Contract
SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner
Contact Information
Primary Contact: / Secondary Contact: / Other Contact:
Restricted Period
In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only.
Bidder Information
Legal Business Name of Company Bidding: / Bidder’s Federal Tax Identification Number:
D/B/A – Doing Business As (if applicable): / NYS Vendor ID Number (See Exhibit B, Section 16):
Street Address: / City/State: / Zip Code:
If applicable, place an “x” in the appropriate box: (check all that apply)
ÿ Small Business (if checked, provide # of employees ____) ÿ Disabled Veteran Owned Business
ÿ Minority Owned Business (NYS Certified) ÿ Women Owned Business (NYS Certified)
If you are not bidding, place an “x” in the box and return this page only. ÿ We are unable to bid at this time because:
Bidders Signature: / Title:
Printed Name: / Date:

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

Section 1: OVERVIEW

Provide a brief, high level description of the project and the services being solicited and state the location where the services will be performed, for example, Campus Name, municipality, county.

Provide background information on the issuing agency

Example: The objective of this Request for Proposal (“RFP”) is to identify and select the most qualified turnkey photovoltaic (PV) system supplier/bidder for the design, installation, operation, maintenance and ownership of an approximately 2 megawatt, grid-connected, remote net metered PV system.

The PV system will be sited upon land owned or leased by an entity controlled by the {insert campus}. The successful bidder will enter into a ground lease with {insert appropriate entity}. SUNY intends to enter into a Power Purchase Agreement (PPA) with the successful Bidder for a 25-year term, and a co-operational agreement whereby {insert campus} is assumes certain responsibilities negotiated between SUNY and the successful bidder, for an educational component of the system.

This project will consist of designing, financing, procuring, performing, installing, furnishing and supplying all materials, equipment, labor and incidentals necessary or convenient for the implementation of {insert project number}, entitled {insert project name}. The successful bidder shall carry out all of the duties, obligations and tasks required to design, fabricate, deliver, install, operate and maintain the solar photovoltaic electric generating system for SUNY. The scope of services shall also include, but not be limited to, securing all permits and approvals from governing agencies and utility companies, all labor, taxes, services and equipment necessary to produce a fully operational solar PV system.

{insert description of campus}

Section 2: TECHNICAL REQUIREMENTS

{adjust technical requirements as appropriate for your specific project}

A. Eligible Bidders

Bidders must show installation experience among the team members in the technology proposed. In addition, bidders must show that their teams’ previous experience demonstrates competency to perform the installation that the bidder proposes. For example, if a bidder proposes to install a 2 MW PV project, the Bidder Qualification portion of the proposal must demonstrate that the bidder has the experience and capability to install a PV project of that size and complexity. See Section 3, Bidder Qualifications.

Bidders are permitted and encouraged to collaborate and form teams (i.e. manufacturers, energy service companies, system installation companies, equipment distributors, financial institutions, etc.) in order to meet the eligibility requirements identified herein. Utilities are not eligible to participate; however, their unregulated affiliates are eligible to participate as bidders or as members of a bidder’s team.

B. Timely Completion

The project is contingent upon award of a NYSERDA grant and must be completed within NYSERDA’s timeframe for the grant.

C. Prime Power

This solicitation seeks projects designed for prime power applications. Systems designed primarily for back-up electric power applications are not eligible. Construction must comply with current Building Code of New York State and applicable local code and/or requirements.

D. System Size Limitation

This project and any other renewable systems will not exceed 110% of the site’s historical annual net grid supplied consumption and no more than 2 MW per parcel of land (including any eligible Satellite Meters, see Remote Net Metering, Interconnection below).

E. NYSERDA Award

For purposes of {insert campus}review of proposals submitted by bidders, the college expects that bidders who have previously been selected for an award under other NYSERDA Program Opportunity Notices (PONs) will be making good faith progress on those other PON award(s). In addition, if a bidder was an Applicant under a previous NYSERDA PON and has a previously contracted capacity block where less than the full capacity block is committed, any Incentive Bid submitted for that same Zone Group must not be greater than the bidder’s previously contracted Incentive Bid for the uncommitted capacity block. The bidder must execute due diligence to avoid the arrangement of teams in any way intended to circumvent this requirement.

F. Remote Net Metering, Interconnection

The college intends to have the site remote net metered. The successful bidder is responsible for meeting all remote net metering requirements. Bidders should be aware that by pursuing interconnection with the utility, they may incur utility fees and/or costs to upgrade portions of the local utility infrastructure. Depending upon the size, nature and location of the project, these fees may be substantial and if a utility upgrade is required, it could result in significant time delays. Bidders are strongly encouraged to contact the local utility representative as soon as possible. The electric utility and the specific electric utility tariff that allows the project to participate in remote net metering must be identified in the proposal. Bidders are strongly encouraged to review the utility’s tariff prior to the submission of a bid. Electric utility tariffs can be found at: https://www2.dps.ny.gov/ETS/search/searchShortcutEffective.cfm?serviceType=ELECTRIC

{omit the following if campus is not a member of the energy buying group}

The State University of New York is an electricity supplier through the NYISO wholesale market known as the SUNY Energy Buying Group (SUNY EBG). {insert campus}purchases electricity through the SUNY EBG and is also a {insert utility provider} customer. The SUNY EBG participants are unable to make use of any credits generated through remote net metering for the supply portion. See Exhibit B for copies of electric invoices from the transmission company. (Note to Jessica: There is no such invoice from SUNY EBG, we have a record of costs for the EBG we use the transmission companies’ usage numbers. We can supply hourly usage for those meters that are under our group though.)

SUNY Energy Buying Group (EBG) Contact:

Kathleen R. Slusher, CEP
Director of Energy Procurement and Utility Regulatory Affairs
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1658 Fax: 518.320.1542

Utility Contact:

{insert contact}

G. State Environmental Quality Review Act

If granted a NYSERDA award, NYSERDA will conduct a project-based review in accordance with the New York State Environmental Quality Review Act (SEQRA) (http://www.dec.ny.gov/regs/4490.html) and relevant emissions standards, as appropriate. Only those projects passing this review will be allowed to proceed to contract.

H. Photovoltaics

For PV installations, all PV modules must be certified as meeting all applicable standards of the Institute of Electrical and Electronics Engineers (IEEE) and Underwriter’s Laboratory (UL) 1703. All inverters must be listed on New York State Public Service Commission certified equipment listing at this link: (http://www3.dps.ny.gov/W/PSCWeb.nsf/96f0fec0b45a3c6485257688006a701a/dcf68efca391ad6085257687006f396b/$FILE/Current%20SIR%20Devices%204-29-2014.pdf) and listed by the distribution utility.

I. Metering and Data Acquisition for PV Installations

The successful bidder must provide, install, and maintain an internet enabled electric meter that displays instantaneous AC power and cumulative total AC energy production and, at a minimum, can record cumulative total AC energy production of the PV system on an hourly basis, store the hourly readings for at least 7 days, and can transmit recorded readings once per day to a NYSERDA designated Data Agent via e-mail, FTP, HTTP or Modbus TCP/IP. The meter must meet the American National Standards Institute (ANSI) C12.20, be Revenue grade with a +/-0.2% accuracy, and be properly calibrated. The meter must also have battery backup to prevent the loss of data during power outages. The successful bidder must provide, and maintain, an active internet connection to the meter throughout the Performance Period to support daily data transmissions. Data collected from the meter will be made available to the public at http://chp.nyserda.org or other similar website specified by NYSERDA. NYSERDA will verify the Site Actual Annual Energy Production which will inform the magnitude of annual payments.

For educational purposes, the successful bidder will coordinate with the colleges Information Systems personnel to provide the equipment and services necessary to monitor, analyze, and display historical and live solar electricity generation data. The data acquisition system shall be designed for turnkey, remote operation. Data shall be transmitted via internet or telephone from the site to a server managed by the colleges Information Systems. Bidders should describe in their proposals the equipment, services and regularly collected data that would be made available to the college to meet this requirement.