December 1, 2020 Hon. Andrew M. Cuomo Governor Executive Chamber
NYS Capitol Albany, NY 12224 Dear Governor Cuomo,
Pursuant to the Public Authority Law Section 1867(7), as amended in
2015, attached is NYSERDA’s semi-annual report regarding specified
contracting actions for the period from April 1, 2020 through
September 30, 2020. The report is broken into sections to meet the
statute’s reporting requirements, summaries of which are provided
below. • Requirement 1 is for the revenues collected by the
Authority in the reporting period. A report that details the
revenues
collected during the period is attached. • Requirement 2 is a list
of requests for proposals, program opportunity notices, or similar
solicitations that have been
issued in the reporting period. A report that details the
solicitations issued is attached. • Requirement 3 is a description
of the criteria and standards utilized for assessing proposals made
in response requests
for proposals, program opportunity notices, or similar
solicitations. The criteria and standards utilized for award
selection and project eligibility are included in each
solicitation. Please note that requirements 2 and 3 are contained
in one section of the report.
• Requirement 4 is a report on all projects selected for funding by
the Authority during the reporting period broken down by region,
including the county and utility service territory in which the
project is located and the total value of these projects statewide
and by region. Both a summary by regional economic development
council (REDC) and details for each REDC are provided. The region
“Statewide” includes projects that do not have a distinct project
location and provide benefits across New York State.
• Requirement 5 is a report of all disbursements or expenditures of
revenues pursuant to requests for proposals, program opportunity
notices, or similar solicitations. A report that details these
disbursements is included.
• Requirement 6 is a list of all contracts executed and completed
during the reporting period including a description of each
project. A report that details the executed contracts is
attached.
This semi-annual report for the reporting period is also currently
available on NYSERDA’s website at
https://www.nyserda.ny.gov/-/media/Files/Publications/Annual-Reports-and-Financial-Statements/2020-December-
nyserda-semi-annual-report.pdf If you have any questions on this
information, please contact me. Sincerely,
Signature:_________________________
Doreen M. Harris Acting President and CEO
Utility Surcharge Assessments 378,601 Clean Energy Standard
Proceeds 259,519
Allowance Proceeds 61,950 Third-party reimbursements 21,448
Federal grants 2,730 Interest subsidy 184
Project repayments 14 Rentals from leases 462
Fees and other income 12,031 Loans and financing receivables
interest 15,223
Investment income 429 Total revenues 767,172
NYSERDA Revenues Collected - April 1, 2020 through September 30,
2020
NYSERDA
Section Break
Solicitation No.
Title of Solicitation Solicitation Description Issue Date Due
Date/Round Funding Available
PON 4038 Home Energy Rating Provider (round 3) The New York State
Energy Research and Development Authority (NYSERDA) is seeking
applications to competitively select home energy contractors and
licensed home inspectors to participate in a pilot program.
4/3/2020 7/30/2020 1,000,000.00
RFP 4276 Outreach and Technical Services to Support Clean Energy
Communities
The New York State Energy Research and Development Authority
(NYSERDA) Communities and Local Government Team is seeking
qualified organizations to provide Coordinator Services to support
the Clean Energy Communities Program.
4/8/2020 6/11/2020 $10,600,000.00
RFP 4190 Environmental Monitoring Support Services for West Valley
Management Program
NYSERDA seeks proposals from firms to perform Environmental
Monitoring Support Services for NYSERDA’s West Valley Site
Management Program at the Western New York Nuclear Service Center
in West Valley New York.
4/28/2020 6/11/2020 No value was stated in solicitation
RFP 4366 High Resolution LiDAR and Aerial Orthoimagery for WNY
Nuclear Service Center
NYSERDA seeks proposals from firms with geospatial expertise to
collect and deliver high resolution LiDAR and Aerial Orthoimagery
for the Western New York Nuclear Service Center and environs near
West Valley, New York.
6/8/2020 7/16/2020 No value was stated in solicitation
RFP 4475 Major Renewable Energy Facility Siting Technical
Assistance Consistent with Section 94-c of the New York
State Executive Law, the New York State Office of Renewable Energy
Siting (ORES) has been created to develop and execute a streamlined
permitting process for large-scale renewable energy projects in New
York State.
6/17/2020 7/13/2020 No value was stated in solicitation
PON 4359 Innovative Market Strategies NYSERDA’s Innovate Market
Strategies Program is seeking to fund emerging clean energy
solutions that have the potential to accelerate uptake or
strengthen the value proposition of energy efficiency, distributed
energy resources, or related clean energy solutions.
6/23/2020 12/31/2022 10,000,000
PON 4448 Transit Tech Lab Partnership Program Transit Tech Lab
Partnership Program Provides an opportunity for technology
companies who have been competitively selected to participate in
the New York Metropolitan Transit Authority’s (MTA) Transit Tech
Lab.
6/25/2020 7/6/2020 $1,000,000.00
RFP 4459 Innovation Marketing Support NYSERDA is looking for
strategic, forward- thinking, and clean tech market savvy firms to
support its Innovation Program for the purpose of actively
contributing toward the achievement of New York State’s renewable
energy and climate goals.
7/3/2020 8/10/2020 $500,000.00
Solicitation Summary April 1, 2019 to September 30, 2020
PON 1 Paycheck Protection Program Loans NY Green Bank invites
eligible borrowers to respond to PON-1 for a PPP loan to cover
payroll costs and certain other expenses. In order to satisfy NY
Green Bank’s mandate.
7/13/2020 8/17/2020 No value was stated in solicitation
RFI 4501 Integrated Energy Data Resource (IEDR) for NYS
Establishing an Integrated Energy Data
Resource (IEDR) for New York State based on a recommendation from
New York State Department of Public Service staff to the New York
State Public Service Commission (DPS). This Request for Information
(RFI) will support NYSERDA and DPS’s efforts to inform the
Commission of the expected resources and expenditures necessary to
build and operate the IEDR.
7/13/2020 8/10/2020 No value was stated in solicitation
PON 3981 Revison
Energy Efficiency and Clean Technology Training Through this
program, NYSERDA will provide
funding to training providers across the State to ensure that New
York energy efficiency and clean technology businesses have an
adequate supply of new and existing workers with the necessary
occupational skills.
7/10/2020 1/14/2021 $4,000,000.00
RFI 4457 Just Transition Initiative The objective of RFI 4457 is to
solicit feedback and information on retired or soon to be retired
fossil fuel facility redevelopment opportunities. More
specifically, this initiative will translate into a NYSERDA issued
RFP to procure consulting services.
7/17/2020 1/21/2020 $5,500,000.00
RFP20-1 2020 RES Purchase of New York Tier 1 Eligible Renewable
Energy Certificates
NYSERDA seeks to purchase Tier 1 Renewable Energy Certificates
associated with electricity generated from eligible facilities that
enter commercial operation on or after January 1, 2015.
7/21/2020 9/29/2020 No value was stated in solicitation
RFI 4464 Large-Scale Renewables “Build-Ready” Site Nomination
NYSERDA RFI-4464 advances large-scale renewable energy projects by
identifying sites that can be made build-ready for private
renewable energy developers. The Clean Energy Resources Development
and Incentives “Build-Ready” Program will identify suitable sites
and then develop renewable energy projects for eventual competitive
auction to private developers.
7/21/2020 7/21/2021 No value was stated in solicitation
ORECRFP2 0
ORECRFP20-1 Purchase of Offshore Wind Renewable Energy Certificates
NYSERDA seeks to procure Offshore Wind
Renewable Energy Certificates associated with at 1,000 megawatts or
more, of offshore wind energy, coordinated with a $200 million
opportunity to support local and private investment in port
infrastructure.
7/21/2020 9/20/2020 No value was stated in solicitation
RFP 4298 Statewide Multifamily Baseline Study NYSERDA requests
proposals from organizations or individuals or teams interested in
conducting a New York Statewide multifamily baseline study across a
broad range of energy measures.
7/21/2020 8/17/2020 No value was stated in solicitation
RFP 4441 Innovation Advisory Services Program Through a new
iteration of the Innovation Advisory Services Program, NYSERDA is
recruiting subject matter experts with specific industry experience
to actively contribute toward the achievement of New York’s energy
and climate goals.
7/20/2020 9/3/2020 12,500,000.00
PON 4378 Loan Loss Reserve to Catalyze Clean Energy Financing in
NYS Communities
The New York State Energy Research and Development Authority
(NYSERDA) requests applications from entities for Loan Loss
Reserve/Credit Enhancement support for financing products which
support clean energy improvements.
7/31/2020 12/20/2020 $10,000,000.00
PON 4476 National Offshore Wind R&D Consortium - Innovations in
Offshore Wind
Developing and demonstrating technology innovations that will
reduce the levelized cost of energy (LCOE) for offshore wind in the
United States.
8/3/2020 10/19/2020 $9,000,000.00
PON 4482 Cooperative Advertising and Training for Clean Energy
Partners Provides cost-sharing incentives to support
advertising, special promotions and/or events, including training,
for eligible clean energy technologies including cold-climate air
source heat pumps, ground source heat pumps, energy
efficiency.
8/24/2020 12/31/2022 $5,000,000.00
BRRFP20-1 Build-Ready Site Prospecting RFP Supports NYSERDA’s
Build-Ready Program by helping to identify and acquire suitable
sites for development of renewable energy projects for eventual
competitive auction to private developers.
8/24/2020 9/30/2020 $2,000,000.00
PON 4423 Remote/Virtual Energy Audit Challenge The New York State
Energy Research and Development Authority (NYSERDA) is seeking
applications from home improvement and energy efficiency
contractors.
9/2/2020 11/9/2020 No value was stated in solicitation
PON 4536 BPI Goldstar Contractor Accreditation Fee
Reimbursement
NYSERDA will provide reimbursement of up to 50% of the cost for
Building Performance Institute (BPI) Goldstar accreditation for the
period of July 1, 2020 through December 31, 2020
8/10/2020 9/30/2020 $67,500.00
PON 4498 Empire Building Challenge (Real Estate Partnerships) The
Empire Building Challenge (EBC) supports
replicable and scalable low carbon retrofit approaches to achieving
carbon neutrality in existing large and tall buildings.
6/29/2020 9/15/2020 $2,000,000.00
PON 4478 Clean Energy Communities Voluntary Benchmarking Software
Tool The New York State Energy Research and
Development Authority (NYSERDA) is issuing this solicitation to
select a vendor to configure and maintain a Benchmarking Software
Tool for an upcoming Clean Energy Communities voluntary
benchmarking program.
9/29/2020 12/2/2020 No value was stated in solicitation
PON 4463 Career Pathway Training Partnerships for High Efficiency
HVAC and Heat Pumps
As part of Governor Cuomo's Workforce Development Initiative,
NYSERDA is seeking
proposals for hands-on, entry level training programs designed to
help develop a talent
pipeline of new workers
9/29/2020 12/17/2020 $8,500,000.00
PON 4000 Revision
New York State Clean Energy intership Provides funding to eligible
clean energy businesses, organizations, or local
municipalities/counties interested in hiring interns to perform
meaningful work in the clean energy sector. Both clean energy
businesses and interns can apply to participate in the program.
Accepted businesses will select, interview and make an offer to
intern candidates.
8/19/2020 12/30/2024 $7,500,000.00
PON 3923 Revison
Change Ready NY Charge Ready NY Program provides $4,000 per
installed electric vehicle (EV) charging port to applicants who
purchase and install qualified Level 2 EV charging equipment at New
York State locations. These locations must provide public charging,
workplace charging, or charging at a multi-unit dwelling (MUD).
Public and private (for- profit and not-for-profit) entities may
participate in the Program.
9/23/2020 12/31/2021 $7,000,000.00
PON 4371 Revison
Strategic Energy Management Program NYSERDA is seeking applications
from industrial facilities that are interested in participating in
a fully funded, year-long Strategic Energy Management program. By
participating in the program, the industrial facility will gain
access to training, coaching, and peer-to-peer knowledge sharing to
continuously enhance energy efficiency at their facilities.
7/14/2020 12/31/2025 No value was stated in solicitation
RFQL 3902 Revision
Change Ready NY Equipment and Network Qualifications Process
Establishes a list of qualified Level 2 electric vehicle (EV)
charging equipment and networks that will be eligible for
incentives under the upcoming Charge Ready NY Program
(Program
5/29/2020 12/31/2021 No value was stated in solicitation
PON 3982 Revision
On-the-job Training for Energy Efficiency and Clean
Technology
Through this program, NYSERDA will provide funding to advance the
goals of the Clean Energy Fund (CEF) by developing a workforce
equipped to perform jobs in energy efficiency and clean technology,
including training workers with skills and credentials to design,
manufacture, specify, sell/distribute, install, operate, maintain,
repair, audit, and inspect clean energy technology and
systems.
4/15/2020 10/31/2023 $14,000,000.00
PON 4128 Revision
Smart grid technologies promote the modernization of the electric
grid, including the use of renewable and distributed energy
resources, fewer greenhouse gas emissions, and lower operating
costs
7/1/2020 10/14/2020 No value was stated in solicitation
Pon 3414 Revision
Afforatble Solar and Storage Predevelopment and Technical
Assistance
Affordable Solar and Storage Predevelopment and Technical
Assistance Program is to help address barriers to solar and energy
storage installations benefitting low-to-moderate income (LMI)
households
7/8/2020 12/31/2024 $10,650,000.00
PON 3082 Revsion
6/16/2020 12/31/2025 No value was stated in solicitation
PON 2112 Revision
NY-Sun Residential/Non Residential Incentive NYSERDA provides
financial incenitives and financing options for the istallation by
Contractors and Builders of new grid-connected to solar electric
photovoltaic PV systems for residential sites.
6/16/2020 12/31/2025 No value was stated in solicitation
PON 4192 Revision
Flex-Tech Program The Flexible Technical Assistance (FlexTech)
Program supports New York State Commercial, Industrial and
Multifamily customers who pay into the Systems Benefit Charge by
providing a cost- share for credible, objective technical
assistance services.
6/15/2020 12/31/2025 No value was stated in solicitation
PON 3689 Revision
Real Time Energy Manager NYSERDA Real Time Energy Management
(RTEM)Program promotes effectived energy solutions for commerical,
multifamily and industrial sites and processes for practitioners in
the energy management software and service sector.
5/7/2020 6/30/2021 $42.1 for Commercial RTEM $5.7 Million for
Industrial RTEM $6.27 Million for Multifamily RTEM $2.52 Million
Multifamily (LMI) RTEM
There were 26 new solicitations published during the period of
April 1, 2020 to September 30,2020.
There were 11 revised solicitations with major revision changes
during the period of April 1, 2020 to September 30, 2020.
Page 1 of 13
Request for Proposals (RFP) BRRFP20-1 Approximately $2,000,000
Available
NYSERDA reserves the right to extend and/or add funding to the
Solicitation should other program funding sources become
available.
Proposals Due: September 30, 2020 by 3:00 PM Eastern Time
NYSERDA is implementing the Clean Energy Resources Development and
Incentives Program (the “Build- Ready program”), through which
NYSERDA will identify suitable sites for large-scale renewable
projects and conduct the necessary assessment, design, permitting,
and related activities to develop renewable energy projects for an
eventual publicly noticed competitive solicitation process intended
to transfer ownership of Build-Ready sites to private sector
awardees to further develop, finance, construct, operate, and
maintain. The Build-Ready program will focus on the re-use of
previously developed and otherwise underutilized sites for
renewable facilities, while providing benefits for host communities
and protecting environmental justice areas. NYSERDA will employ a
multipronged approach to identify candidate sites. Candidate sites
would pass through a staged process of increasing levels of
assessment and investigation, with the most promising sites moving
forward into the full project development phase.
Through this Request for Proposals (RFP), NYSERDA is seeking
individuals, organizations, or teams (the “Site Prospecting
Consultant”) to provide potential site identification,
landowner/stakeholder interface, real estate diligence support and
other real estate-related activities, GIS mapping services, and
project coordination services to support NYSERDA’s development of
Build-Ready renewable energy projects in New York.
Proposal Submission: Online submission is preferable. Proposers may
submit Microsoft Word, Microsoft Excel, Microsoft PowerPoint,
portable document format (pdf), or image files (file formats
include: csv, doc, docx, gif, jpeg, jpg, pdf, png, ppt, pptx, pps,
ppsx, tif, txt, xls, xlsx, and zip). The proposal and completed
Attachment B should be submitted as one combined file. Individual
files should be 100MB or less in file size. Proposal PDFs should be
searchable and should be created by direct conversion from the
native software (e.g. Microsoft Word) or other conversion utility.
Files should not be scanned. For ease of identification, all
electronic files must be named using the proposer’s entity name at
the beginning of the title of the document. NYSERDA will also
accept proposals by mail or hand-delivery if online submission is
not possible. For detailed instructions on how to submit a proposal
(online or paper submission), click the link “Application
Instructions and Portal Training Guide [PDF] ” located in the
“Current Opportunities” section of NYSERDA’s website
(https://www.nyserda.ny.gov/Funding-
Opportunities/Current-Funding-Opportunities.aspx).
No communication intended to influence this procurement is
permitted except by contacting Jennifer Phelps – primary contact
(Designated Contact) by email at
[email protected] or
Greg
Lampman – secondary contact (Designated Contact) by e-mail at
[email protected]. If you have contractual questions
concerning this solicitation, contact Nancy Marucci (Designated
Contact) by e-mail at
[email protected]. Contacting
anyone other than the Designated Contacts (either directly by the
proposer or indirectly through a lobbyist or other person acting on
the proposer’s behalf) in an attempt to influence the procurement:
(1) may result in a proposer being deemed a non- responsible
offerer, and (2) may result in the proposer not being awarded a
contract.
I. INTRODUCTION
In July of 2019, Governor Andrew Cuomo signed the Climate
Leadership and Community Protection Act (CLCPA), which increases
the 50 percent renewable Clean Energy Standard (CES) goal to 70
percent by 2030 and converts that goal into a mandate. The 70 by 30
mandate is an ambitious clean energy standard and emphasizes the
need to not only continue to procure new renewable resources but to
expand appropriate renewable generation in the State of New York to
its maximum potential. All renewable energy consumed by end-use
customers in New York State contributes to the CES target,
including generation supported by past, present, and future State
renewable energy policies as well as voluntary renewable energy
purchases.
In April 2020, Governor Andrew Cuomo signed the Accelerated
Renewable Energy Growth and Community Benefit Act (the “Act”),
legislation that includes a series of measures designed to support
the attainment of the CLCPA goals by expediting the regulatory
review and siting of renewable energy and transmission facilities,
minimizing impacts and providing benefits to host communities,
minimizing impacts to the environment, and ensuring that the energy
generated by these new renewable facilities can be efficiently and
cost effectively delivered to regions of the state where it is
needed.
One such measure is direction that NYSERDA develop and implement
the Clean Energy Resources Development and Incentives Program (the
“Build-Ready program”), through which NYSERDA will identify
suitable sites and then develop renewable energy projects at these
sites for eventual publicly noticed competitive solicitation to the
private sector, while also implementing new initiatives to foster
and encourage local understanding about the importance of renewable
energy and the value that it can bring to local communities and
protecting environmental justice areas.
Specifically, the Build-Ready program will focus on dormant
electric generating sites, former industrial sites, existing or
abandoned commercial sites, brownfields, landfills, and other
abandoned or underutilized sites. The Build-Ready program is being
structured in a way to avoid competition with commercial
developers. Project costs will be considered in relation to the
broader public benefits provided by the project to the host
community, the environment, and/or the project’s ability to support
achievement of mandates included in the Act and the CLCPA. Ideal
sites are those that are economically, socially, and technically
viable, but which have specific conditions that make the project
development unusually complicated or contain risk barriers which
may deter commercial renewable energy developers from advancing
such sites independently or expeditiously. The Build-Ready program
will actively seek to avoid sites being assessed for development by
commercial renewable energy developers. Care will be taken by the
Build Ready program, and the Site Prospecting Consultant(s), to
understand and minimize landowner and market confusion relating to
potential conflicts with commercial renewable energy developers. It
is expected, however, that there may be certain types of sites that
could be advanced more quickly and efficiently by the Build-Ready
program than by
commercial developers. The Build-Ready program will make efforts to
identify and advance these types of sites.
To identify potential sites, NYSERDA will employ a multipronged
approach that will include, but is not limited to, top-down GIS
assessments; a broadly-released site nomination Request for
Information (RFI)1 by NYSERDA; coordination with other agencies and
electric utilities engaged in bulk transmission and electrical
distribution system upgrade studies; recruitment of site
nominations from local governments, Regional Economic Development
Councils, local Industrial Development Authorities, State Agencies,
landowners, and others; and the engagement of one or more Site
Prospecting Consultants selected by NYSERDA to search for potential
sites that meet stipulated requirements.
All sites that are identified through the foregoing multipronged
approach will pass through successive stages of screening and
evaluation, taking into consideration site characteristics,
environmental factors, electrical interconnection options, host
community benefits, and environmental justice. NYSERDA has already
contracted with several firms to support the required desktop
assessments, field reconnaissance and surveys, and
engineering/design, environmental and interconnection
studies.
II. REQUEST FOR SERVICES
Scope of Services
Through this Request for Proposals (RFP), NYSERDA is seeking
organizations, teams, or individuals to provide Site Prospecting
services to identify potential sites and assist in the acquisition
of the necessary site control agreements to support NYSERDA’s
development of the Build-Ready program’s large-scale renewable
energy projects in New York.
Specific duties and responsibilities of the Site Prospecting
Consultant will include:
• Support the identification of parcels that present opportunities
for development under NYSERDA's Build-Ready program.
• Provide one or more individuals (the “Land Agents”) to serve as a
single and consistent point of contact for landowners, local
government, and related stakeholders for assigned sites.
• Advise NYSERDA on engagement strategies and best practices in
connection with acquisition of site control.
• Present, negotiate, and secure site access, option, lease, and
other related site control agreements.
• Conduct research and due diligence on property tax, easements and
rights-of-way, and other local property records.
• Conduct research into local zoning laws and ordinances and
evaluate the same in the context of the program requirements.
• Arrange and host open houses for local stakeholders, public
hearings, and permit-related meetings.
• Coordinate with landowners and local government to provide site
access for NYSERDA staff, consultants, and contractors.
1
https://portal.nyserda.ny.gov/CORE_Solicitation_Detail_Page?SolicitationId=a0rt000000x7vDZAAY
• Communicate project status to local stakeholders and coordinate
stakeholder communications, as appropriate.
• Identify, research, and manage, as requested, local land
surveyors and other related service providers.
• Provide routine updates to NYSERDA staff regarding the status of
ongoing activities and provide coordination support through the
project development process.
• GIS mapping services may also be requested to support the
visualization and analysis of data for potential sites. GIS mapping
services may include, but are not limited to, creation of
presentation quality digital maps with relevant site information
(parcel boundaries, engineering data, environmental data,
electrical lines, etc.) segregated into distinct layers; parcel
exhibits; pdf map books; shapefiles; and KMZ files.
Site Prospecting Consultant(s) may provide services across the
entire State of New York or in only one or more selected economic
development regions of the State. The economic development regions
are shown in the map below.
Page 5 of 13
Available Funding and Cost Sharing
Up to approximately $2,000,000 of NYSERDA funding is available
through this RFP to support selected contractors, including travel,
for a period up to three (3) years. Awarded contracts may be
extended, one or more times, for a total contract term
not-to-exceed seven (7) years, at NYSERDA’s sole discretion.
Compensation under the contracts will be on a time-and-materials
basis, with direct reimbursement of travel costs per federal
guidelines.2 NYSERDA anticipates making one or more awards under
this solicitation. All, some, or none, of the available funds may
be awarded through this RFP. NYSERDA reserves the right to add or
reduce time or funding to awarded contract(s). No cost sharing is
required.
III. PROGRAM REQUIREMENTS
Eligibility and Proposer Requirements
The selected Site Prospecting Consultant(s) will play a critical
role in interacting with landowners, local government, and other
stakeholders associated with sites. The Site Prospecting
Consultant(s) will be expected to behave in a courteous,
thoughtful, honest, professional, cheerful, and transparent manner
during all such interactions.
NYSERDA is seeking proposers who possess the following experience,
skills, and capabilities:
• Demonstrated experience in working with landowners to secure
letters of intent, lease option agreements, purchase option
agreements, or similar instruments for the purpose of securing real
property rights.
• Demonstrated experience in working with landowners, local
government personnel, and community organizations to keep them
informed about proposed development projects and to receive and
understand any feedback, concerns, or goals expressed by the
same.
• Demonstrated experience in conducting basic site reconnaissance
for the purpose of identifying reasonably discernible development
constraints such as the presence of, or proximity to, wetlands,
waterways, railroad tracks, highways, pipelines, cemeteries,
utility infrastructure, easements and rights-of-way, and other
similar characteristics or surroundings.
• Demonstrated experience in conducting real estate due diligence,
including all information and documentation that are reasonably
obtained during project development land acquisition including,
without limitation, real property related surveys (e.g., ALTA,
boundary, etc.), zoning bylaws and other local permitting
information, ownership evidence, tax documents, title searches, and
other real property diligence documents.
• Ability to communicate effectively with landowners, local
governmental officials, the general public, other NYSERDA
contractors, and related stakeholders through writing and verbal
presentation.
• Interpersonal skills that resonate with audiences of different
backgrounds and the ability to communicate persuasively, concisely,
and unambiguously in speech and in writing.
• Strong project management skills and the ability to coordinate
teams, set priorities, and meet deadlines in a dynamic
environment.
• Background and knowledge about renewable energy project siting
and development.
2
https://www.fdic.gov/buying/goods/acquisition/contractortravelguidelines.pdf
• Demonstrated experience and proficiency in using GIS mapping
tools preferred. • Availability of personnel to travel throughout
New York State (or the proposed region of
service in New York State) up to 80% in a typical week, some of
which may include nights, weekends, and overnight travel.
Proposers may submit a proposal to provide Site Prospecting
services for the entire State of New York or only for selected
economic development regions of the State consistent with
Proposer’s ability to provide local services.
NYSERDA reserves the right to independently verify any
qualifications, experience, or other relevant information provided
in the proposal. NYSERDA further reserves the right to request an
interview with any or all of the proposers. NYSERDA anticipates
making one or more awards under this RFP.
IV. SUMBISSION REQUIREMENTS
A. Proposal Submittal
Online submission is preferable. Proposers may submit Microsoft
Word, Microsoft Excel, Microsoft PowerPoint, portable document
format (pdf), or image files (file formats include: csv, doc, docx,
gif, jpeg, jpg, pdf, png, ppt, pptx, pps, ppsx, tif, txt, xls,
xlsx, and zip). The proposal and completed Attachment B should be
submitted as one combined file. Individual files should be 100MB or
less in file size. Proposal PDFs should be searchable and should be
created by direct conversion from the native software (e.g.
Microsoft Word) or other conversion utility. Files should not be
scanned. For ease of identification, all electronic files must be
named using the proposer’s entity name at the beginning of the
title of the document. NYSERDA will also accept proposals by mail
or hand-delivery if online submission is not possible. For detailed
instructions on how to submit a proposal (online or paper
submission), click the link “Application Instructions and Portal
Training Guide [PDF] ” located in the “Current Opportunities”
section of NYSERDA’s website (https://www.nyserda.ny.gov/Funding-
Opportunities/Current-Funding-Opportunities.aspx).
Proposals must follow the format below. Proposers should include
sufficient, succinct information to describe their skills and
qualifications and demonstrate their experience with similar work.
Unnecessary content or attachments beyond what is sufficient to
present a complete, comprehensive, and effective response will not
influence the evaluation of the proposal. Each page of the proposal
should state the name of the proposer, “BRRFP20-1”, and the page
number. The required proposal sections and the maximum allowable
length of each proposal section are indicated in the following
Section B of this RFP.
NYSERDA reserves the right to negotiate changes to the proposed
project approach, teaming arrangements, deliverables, and
deliverable formats with the selected proposer(s).
In compliance with §139-j and §139-k of the State Finance Law (see
Section VII, General Conditions, for additional information),
proposers will be required to answer questions during proposal
submission, which will include making required certification under
the State Finance Law and to disclose any Prior Findings of
Non-Responsibility.
B. Proposal Format
All responses submitted as part of this solicitation process become
the property of NYSERDA. Careful consideration should be given
before confidential information is submitted to NYSERDA as part of
any
proposal. Review should include whether it is critical for
evaluating a proposal, and whether general, non-confidential
information may be adequate for review purposes. (See Section VI
below, “Proprietary Information”, for details.) Proposers will not
be reimbursed by NYSERDA for any costs associated with the
preparation of their proposals.
Each proposal shall contain, at a minimum, the following:
Section 1. Narrative Statement of Experience, Skills, and
Capabilities (no more than 3 pages)
Proposers must describe their relevant experience, skills,
capabilities, and expertise as an entity/team/individual to deliver
the services described in Section II, Request for Services. This
must include the specific nature of the activities, quality and
depth of the experience, and the number of years engaged in these
activities. Proposers must be specific about the types of
development projects for which services were provided (e.g., solar
energy, wind energy, gas pipelines, water pipelines, electric
transmission lines, highways, commercial buildings, etc.) and the
types of clients (e.g., electric utility, gas utility, power
project developer, small power project developer, commercial real
estate developer, etc.).
Proposers must briefly describe at least three (3) individual
projects where services similar to those requested through this RFP
were provided. At a minimum, the descriptions should include the
specific services provided, the type of development project, the
type of client, the extent or size of the project (e.g., number of
parcels or landowners), the project location, the duration of the
effort, and when the services were performed. Include in the
description specific role(s) the proposer or proposing team played,
services provided, and the outcome. Experience in New York State
will be viewed favorably. For projects with confidentiality
concerns, examples may be provided without specifying the project
or client name.
With respect to GIS mapping, proposers must be specific about their
level of expertise and proficiency. Proposers must describe any
prior experience in analyzing and/or mapping environmental features
(e.g., wetlands and waterways, threatened and endangered species,
cultural resources, and other environmentally sensitive areas),
electric transmission lines, and electric substations or
switchyards. Proposers must also describe if they have access to
databases for the same. Proposers must describe any prior
experience in using GIS software to identify potential development
projects or sites.
Section 2. Team Organization and Qualifications of Key Staff (no
more than 3 pages)
Proposers must describe the proposer’s organization and management
structure, the roles and responsibilities of the individual members
of the team, and how the team members will coordinate and
communicate with one another. Identify the project manager who will
serve as the single point of contact for the overall effort, each
Land Agent who will be assigned to individual sites or regions, as
well as all personnel that may be involved in providing other key
support services. Describe the relevant accomplishments,
experiences, and expertise of the individual members of the
team.
Describe if any work will be subcontracted and, if so, the
experience and qualifications of the subcontractors and how the
proposer will interact and coordinate with the subcontractors.
Attach a letter of commitment from each subcontractor (not be
included in total page count). Failure to
Page 8 of 13
include letters of commitment may be interpreted as the
subcontractors not being committed to the effort.
Section 3. Proposed Approach (no more than 2 pages)
Proposers must describe the proposed overall approach to supporting
the Build-Ready program. Describe how new sites may be identified
and any anticipated coordination with other efforts. Describe the
process steps and major stage gates from first contact through
securing lease agreements with landowners. Describe how the
proposing team would negotiate with site owners and interact with
local elected officials over the course of the project. Describe
the types of research the proposing team would conduct to assure
site diligence is complete. Describe how reporting of progress to
NYSERDA would be accomplished. Describe the GIS tools that may be
used and the kinds of GIS deliverables produced.
Proposers must specify whether services are being proposed for the
entire State of New York or for only one or more economic
development regions of the State. For region-specific proposals,
proposers must clearly identify the proposed regions using the
region names shown in the map included in Section II, Request for
Services.
Section 4. Compensation (no more than 1 page)
Proposers will be compensated on a time-and-materials basis, with
direct reimbursement of travel costs per federal guidelines3.
Proposers must describe the proposed compensation rates and
structure for proposer and any subcontractors. Specifically,
proposers must:
• Provide hourly compensation rates by individual or job title
using Attachment B – Project Personnel and Rate Form.
• Clearly specify whether the hourly rates are inclusive of
overhead and general and administrative costs, or, if not:
o Provide the overhead rate and describe what is included in this
cost. o Provide the general and administrative rate and describe
what is included in this
cost. • Describe the method of compensation for travel-related
expenses, including the point of
origin of travel for purposes of determining the reimbursable
travel mileage and when billable service hours (for travel) begin.
The point of origin of travel must be specified for each team
member if different for each team member.
• Describe any other anticipated costs that might be incurred in
the performance of the services and the manner of compensation or
reimbursement.
• Describe the period of applicability of the specified rates of
compensation and the method of escalation, if any, for all rates of
compensation.
Section 5. Real and Perceived Conflict(s) of Interest (no more than
1 page)
The proposing entity, team, or individual, and its principals,
subcontractors, and personnel must be free from any financial or
similar interest in any product or service which may conflict with
or appear to conflict with the objectivity of the services provided
to NYSERDA. Please describe any manufacturer or service-related
affiliations. If any affiliations exist, proposers must provide
a
3
https://www.fdic.gov/buying/goods/acquisition/contractortravelguidelines.pdf
statement verifying these affiliations do not conflict with or
appear to conflict with the objectivity of providing services to
NYSERDA. Non-disclosure of any affiliation can result in the
termination of a contract, if awarded.
V. PROPOSAL EVALUATION
Proposals that meet the requirements of this RFP will be reviewed
by a Scoring Committee and will be scored and ranked according to
the criteria listed below. At NYSERDA’s discretion, proposers may
be requested to interview with all or part of the Scoring Committee
to address any potential questions or provide clarifications to
information outlined in its proposal. Proposers will be notified if
they are requested to attend an interview. After the proposals are
reviewed, NYSERDA will issue a letter to each proposer (within
approximately six weeks of proposal receipt) indicating whether the
proposer will be offered a contract award. The selected proposer(s)
will be invited to enter into contract negotiations with NYSERDA.
NYSERDA anticipates making one or more awards under this RFP.
Evaluation Criteria
Experience, Skills, and Capabilities
• Previous experience in the conduct and delivery of similar or
related services. • Project management, time management, and team
coordination skills. • Background and knowledge about renewable
energy project siting and development.
Personnel and Qualifications
• Ability to be responsive in providing requested services. •
Qualifications and expertise of personnel proposed to provide
requested services. • Clear identification of personnel that will
be assigned to various portions of the services. • Proximity of
Land Agents to proposed region of service in the State (shorter
travel
distances result in shorter response time to tend to local
issues).
Anticipated Overall Cost
• Rates of compensation for direct labor, overhead, general and
administrative expenses, and any other costs or fees.
• Proximity of Land Agents to proposed region of service in the
State (larger travel distances result in higher costs to
NYSERDA)
Other Considerations
• Alignment of Proposer’s approach to providing services with
NYSERDA’s stated objectives. • Responsiveness to NYSERDA's request
as specified in this RFP, including overall clarity and
organization of the proposal. In order to ensure adequate services
are provided across the entire State of New York (or within those
economic development regions deemed by NYSERDA to be in need of
services), NYSERDA reserves the right to group proposers by regions
of service and to score and rank proposers in each region (i.e.,
each region may have its own scoring and ranking of
proposers).
Page 10 of 13
Proprietary Information - Careful consideration should be given
before confidential information is submitted to NYSERDA as part of
your proposal. Review should include whether it is critical for
evaluating a proposal, and whether general, non-confidential
information, may be adequate for review purposes. The NYS Freedom
of Information Law, Public Officers law, Article 6, provides for
public access to information NYSERDA possesses. Public Officers
Law, Section 87(2)(d) provides for exceptions to disclosure for
records or portions thereof that "are trade secrets or are
submitted to an agency by a commercial enterprise or derived from
information obtained from a commercial enterprise and which if
disclosed would cause substantial injury to the competitive
position of the subject enterprise." Information submitted to
NYSERDA that the proposer wishes to have treated as proprietary,
and confidential trade secret information, should be identified and
labeled "Confidential" or "Proprietary" on each page at the time of
disclosure. This information should include a written request to
except it from disclosure, including a written statement of the
reasons why the information should be excepted. See Public Officers
Law, Section 89(5) and the procedures set forth in 21 NYCRR Part
501
https://www.nyserda.ny.gov/About/-/media/Files/About/Contact/NYSERDA-Regulations.ashx.
However, NYSERDA cannot guarantee the confidentiality of any
information submitted.
Omnibus Procurement Act of 1992 - It is the policy of New York
State to maximize opportunities for the participation of New York
State business enterprises, including minority- and women-owned
business enterprises, as bidders, subcontractors, and suppliers on
its procurement Agreements.
Information on the availability of New York subcontractors and
suppliers is available from:
Empire State Development Division for Small Business 625 Broadway
Albany, NY 12207
A directory of certified minority- and women-owned business
enterprises is available from:
Empire State Development Minority and Women's Business Development
Division 625 Broadway Albany, NY 12207
State Finance Law sections 139-j and 139-k - NYSERDA is required to
comply with State Finance Law sections 139-j and 139-k. These
provisions contain procurement lobbying requirements which can be
found at
https://online.ogs.ny.gov/legal/lobbyinglawfaq/default.aspx .
Proposers are required to answer questions during proposal
submission, which will include making required certification under
the State Finance Law and to disclose any Prior Findings of
Non-Responsibility (this includes a disclosure statement regarding
whether the proposer has been found non-responsible under section
139-j of the State Finance Law within the previous four
years).
Tax Law Section 5-a - NYSERDA is required to comply with the
provisions of Tax Law Section 5-a, which requires a prospective
contractor, prior to entering an agreement with NYSERDA having a
value in excess of $100,000, to certify to the Department of
Taxation and Finance (the "Department") whether
The Department has created a second form that must be completed by
a prospective contractor prior to contacting and filed with
NYSERDA. See, ST-220-CA (available at
http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf).
The Department has developed guidance for contractors which is
available at
http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf.
Contract Award - NYSERDA anticipates making one or more award(s)
under this solicitation. NYSERDA anticipates an initial contract
duration of three years (with one or more renewals for a total
contract term of no more than seven (7) years), unless NYSERDA
management determines a different structure is more efficient based
upon proposals received. A contract may be awarded based on initial
applications without discussion, or following limited discussion or
negotiations pertaining to the Statement of Work. Each proposal
should be submitted using the most favorable cost and technical
terms. NYSERDA may request additional data or material to support
applications. NYSERDA will use the Sample Agreement (included in
Attachment A) to contract successful proposals. NYSERDA may at its
discretion elect to extend and/or add funds to any project funded
through this solicitation. NYSERDA reserves the right to limit any
negotiations to exceptions to standard terms and conditions in the
Sample Agreement to those specifically identified in the checklist
questions. Proposers should keep in mind that acceptance of all
standard terms and conditions will generally result in a more
expedited contracting process. NYSERDA expects to notify proposers
in approximately six weeks from the proposal due date whether your
proposal has been selected to receive an award. NYSERDA may decline
to contract with awardees that are delinquent with respect to any
obligation under any previous or active NYSERDA agreement.
Accessibility Requirements - If awardees from this solicitation
will be posting anything on the web, or if the awardee will produce
a final report that NYSERDA will post to the web, the following
language must be included. NYSERDA requires contractors producing
content intended to be posted to the Web to adhere to New York
State’s Accessibility Policy. This includes, but is not limited to,
deliverables such as: documents (PDF, Microsoft Word, Microsoft
Excel, etc.), audio (.mp3, .wav, etc.), video (.mp4, .mpg, .avi,
etc.), graphics (.jpg, .png, etc.), web pages (.html, .aspx, etc.),
and other multimedia and streaming media content. For more
information, see NYSERDA's Accessibility Requirements.
Limitation - This solicitation does not commit NYSERDA to award a
contract, pay any costs incurred in preparing a proposal, or to
procure or contract for services or supplies. NYSERDA reserves the
right to accept or reject any or all proposals received, to
negotiate with all qualified sources, or to cancel in part or in
its entirety the solicitation when it is in NYSERDA's best
interest. NYSERDA reserves the right to reject proposals based on
the nature and number of any exceptions taken to the standard terms
and conditions of the Sample Agreement. NYSERDA reserves the right
to disqualify proposers based upon the results of a background
check into publicly available information and the presence of a
material possibility of any reputational or legal risk in making of
the award.
Page 12 of 13
Disclosure Requirement - The proposer shall disclose any indictment
for any alleged felony, or any conviction for a felony within the
past five years, under the laws of the United States or any state
or territory of the United States and shall describe circumstances
for each. When a proposer is an association, partnership,
corporation, or other organization, this disclosure requirement
includes the organization and its officers, partners, and directors
or members of any similarly governing body. If an indictment or
conviction should come to the attention of NYSERDA after the award
of a contract, NYSERDA may exercise its stop-work right pending
further investigation or terminate the agreement; the contractor
may be subject to penalties for violation of any law which may
apply in the particular circumstances. Proposers must also disclose
if they have ever been debarred or suspended by any agency of the
U.S. Government or the New York State Department of Labor.
Vendor Assurance of No Conflict of Interest or Detrimental Effect -
The proposer shall disclose any existing or contemplated
relationship with any other person or entity, including any known
relationships with any member, shareholders of 5% or more, parent,
subsidiary, or affiliated firm, which would constitute an actual or
potential conflict of interest or appearance of impropriety,
relating to other clients/customers of the proposer or former
officers and employees of NYSERDA, in connection with proposer’s
rendering services as proposed. If a conflict does or might exist,
please describe how your company would eliminate or prevent it.
Indicate what procedures will be followed to detect, notify NYSERDA
of, and resolve any such conflicts.
The proposer must disclose whether it, or any of its members, or,
to the best of its knowledge, shareholders of 5% or more, parents,
affiliates, or subsidiaries, have been the subject of any
investigation or disciplinary action by the New York State
Commission on Public Integrity or its predecessor State entities
(collectively, “Commission”), and if so, a brief description must
be included indicating how any matter before the Commission was
resolved or whether it remains unresolved.
Public Officers Law – For any resulting awards, the Contractor and
its subcontractors shall not engage any person who is, or has been
at any time, in the employ of the State to perform services in
violation of the provisions of the New York Public Officers Law,
other laws applicable to the service of State employees, and the
rules, regulations, opinions, guidelines or policies promulgated or
issued by the New York State Joint Commission on Public Ethics, or
its predecessors (collectively, the “Ethics Requirements”).
Proposers are reminded of the following Public Officers Law
provision: contractors, consultants, vendors, and subcontractors
may hire former NYSERDA employees. However, as a general rule and
in accordance with New York Public Officers Law, former employees
of NYSERDA may neither appear nor practice before NYSERDA, nor
receive compensation for services rendered on a matter before
NYSERDA, for a period of two years following their separation from
NYSERDA service. In addition, former NYSERDA employees are subject
to a “lifetime bar” from appearing before any state agency or
authority or receiving compensation for services regarding any
transaction in which they personally participated, or which was
under their active consideration during their tenure with
NYSERDA.
Any awardee will be required to certify that all of its employees,
as well as employees of any subcontractor, whose subcontract is
valued at $100,000 or more who are former employees of the State
and who are assigned to perform services under the resulting
contract, shall be assigned in accordance with all Ethics
Requirements. During the term of any agreement, no person who is
employed by the contractor or its subcontractors and who is
disqualified from providing services under the contract pursuant to
any Ethics Requirements may share in any net revenues of the
contractor or its subcontractors derived from the contract. NYSERDA
may request that contractors provide it with
Page 13 of 13
whatever information the State deems appropriate about each such
person’s engagement, work cooperatively with the State to solicit
advice from the New York State Joint Commission on Public Ethics,
and, if deemed appropriate by the State, instruct any such person
to seek the opinion of the New York State Joint Commission on
Public Ethics. NYSERDA shall have the right to withdraw or withhold
approval of any subcontractor if utilizing such subcontractor for
any work performed would be in conflict with any of the Ethics
Requirements. NYSERDA shall have the right to terminate any
contract at any time if any work performed is in conflict with any
of the Ethics Requirements.
VII. ATTACHMENTS
The following attachments are provided as a reference document for
applicants:
• Attachment A - Sample Agreement • Attachment B – Project
Personnel and Rate Form
Purchase of Offshore Wind Renewable Energy Certificates
Request for Proposals ORECRFP20-1 Release Date: July 21, 2020
Update: September 16, 2020
The New York State Energy Research and Development Authority
(NYSERDA) seeks to procure Offshore Wind Renewable Energy
Certificates (“ORECs”)1 as authorized by the New York State Public
Service Commission’s Order Establishing Offshore Wind Standard and
Framework for Phase 1 Procurement, issued on July 12, 2018 and
Order Authorizing Offshore Wind Solicitation in 2020 issued on
April 23, 2020 in Case No. 18-E-0071. All Proposers are advised to
review the Orders and their Appendices before participating in this
Request for Proposals (RFP).
Proposals are due on October 20, 2020 by 3:00 p.m. ET.
Proposals must be held firm and valid for 180 days from October 20,
2020.
All relevant documents pertaining to this RFP are available on
NYSERDA’s solicitation website at
https://www.nyserda.ny.gov/offshore-wind-2020-solicitation.
Proposers are advised to check this website regularly for
updates.
Questions about this RFP should be directed to Adrienne Downey or
Gregory Lampman (the Designated Contacts) at
[email protected] (no phone calls). A Proposers’
Conference will be held on August 12, 2020 at 10:00 a.m. ET (link).
No communication intended to influence this procurement is
permitted except by contacting the Designated Contacts through this
email address. Contacting anyone other than the Designated Contacts
(either directly by Proposer or indirectly through a lobbyist or
other person acting on Proposer’s behalf) to influence the
procurement may result in: (1) a Proposer being deemed a
non-responsive offeror, and (2) Proposer not receiving an
award.
1 Please note that while the Orders use the generic term “credits,”
the term “certificates” is used here, as successful Proposers will
be required to participate in NYGATS, and NYGATS uses the term
“certificates.” NYGATS Certificates are minted on a one per MWh
basis. Each NYGATS OREC Certificate will include a unique serial
number.
COVID-19 RESPONSE
Amid the ongoing COVID-19 global pandemic, all activities
undertaken by Proposers in response to this solicitation must
adhere to the requirements outlined under Governor Cuomo’s phased
reopening plan, “NY Forward”, and all other State, Federal or local
rules and guidance, including adherence to the New York State
Department of Health (NYS DOH) Interim Guidance for Construction
Activities During the COVID-19 Public Health Emergency. The
requirement to follow the NYS DOH guidance applies whether the
Proposer is an essential business operating statewide or is
permitted to re-open pursuant to any regional phased reopening
plan.
See NYSERDA’s COVID-19 Response resources for more
information.
1 Introduction
............................................................................................................................................
8
1.1 New York’s Clean Energy Standard and Offshore Wind Standard
................................................... 8
1.2 Background on NYSERDA
.................................................................................................................
9
1.3 Schedule
.........................................................................................................................................
10
1.5 Proposal Fee
...................................................................................................................................
10
1.6 Proposers’ Conference and Communications with NYSERDA
....................................................... 11
1.7 Modification or Cancellation of the RFP and Solicitation
Process ................................................. 11
1.8 Updates to Proposals
.....................................................................................................................
12
1.9 Requests for Additional Information
.............................................................................................
12
1.10 Interviews with Proposers
.............................................................................................................
12
2 Project Eligibility Requirements
...........................................................................................................
13
2.1 Eligibility
.........................................................................................................................................
13
2.1.4 Pricing
......................................................................................................................................
16
2.2 Contract Commitments Relating to Considerations Identified in
the Offshore Wind Order ........ 18
2.2.1 Prevailing Wage Requirement
.................................................................................................
18
2.2.2 Project Labor Agreement
........................................................................................................
18
2.2.3 Consultation with New York State Agencies
...........................................................................
20
2.2.4 Participation in Technical Working Groups
.............................................................................
22
2.2.5 Support for Monitoring Key Commercial Fish Stocks and
Wildlife ......................................... 22
2.2.6 Site and Environmental Data Transparency
............................................................................
22
2.2.7 Lighting Controls
......................................................................................................................
23
3 Non-Price Evaluation
............................................................................................................................
25
3.2.2 Financing Plan
..........................................................................................................................
25
3.2.3 Developer Experience
.............................................................................................................
26
3.2.4 Proposed Technology
..............................................................................................................
26
3.2.6 Interconnection and Delivery
..................................................................................................
26
3.2.7 Proposed Commercial Operation Date(s)
...............................................................................
27
3.2.8 Community Engagement and Prioritizing Disadvantaged
Communities ................................ 27
3.2.9 Fisheries and Environmental Mitigation Plans
........................................................................
28
3.2.10 Visibility and Viewshed Impacts
..............................................................................................
28
3.2.11 Energy Resource Assessment
..................................................................................................
28
3.2.12 Carbon Emissions and Embodied
Carbon................................................................................
28
4 Offer Pricing Structure and Price Evaluation
........................................................................................
32
4.1 OREC Products Pricing
...................................................................................................................
32
4.1.1 Fixed OREC Pricing
...................................................................................................................
32
4.1.2 Index OREC Pricing
..................................................................................................................
32
4.2 Settlement Mechanism
..................................................................................................................
33
4.4 Offer Price Scoring
.........................................................................................................................
35
5 Preliminary Ranking, Portfolio Evaluation, and Final Award
Group..................................................... 37
5.1 Preliminary Rank Order
..................................................................................................................
37
5.1.1 Preliminary Rank Order for Required Base Proposal and
Alternate Proposals....................... 37
5.1.2 Preliminary Rank Order for Required Standalone Proposal
.................................................... 37
5.2 Portfolio Evaluation; Consideration of Commission Objectives
.................................................... 37
5.3 Award Group
..................................................................................................................................
38
6.2 Organization and Submission of the Proposal(s)
...........................................................................
40
6.2.1 Organization of the Submission
..............................................................................................
40
6.2.2 Submission Instructions
..........................................................................................................
42
6.3.2 Offer Data
Form.......................................................................................................................
44
6.4 Proposal Narrative
.........................................................................................................................
47
6.4.1 Executive Summary
.................................................................................................................
47
6.4.2 Impacts of COVID-19 on Proposer and Project Development
................................................ 47
6.4.3 Proposer Experience
...............................................................................................................
47
6.4.6 Operational Parameters
..........................................................................................................
49
6.4.8 Interconnection and Deliverability Plan
..................................................................................
51
6.4.9 Environmental Assessment and Permit Acquisition
Plan........................................................
52
6.4.10 Engineering and Technology
...................................................................................................
53
6.4.11 Project Schedule
......................................................................................................................
54
6.4.14 Environmental Mitigation
Plan................................................................................................
55
6.4.16 Visibility and Viewshed Impacts
..............................................................................................
56
6.4.17 New York Economic
Benefits...................................................................................................
57
7 Post-Award Process
..............................................................................................................................
61
- iv -
7.3 Provision of Contract Security
.......................................................................................................
61
8 General Conditions
...............................................................................................................................
62
8.1 Proprietary Information
.................................................................................................................
62
8.3 Tax Law Section 5-a
........................................................................................................................
62
8.4 Omnibus Procurement Act of 1992
...............................................................................................
63
8.5 Disclosure Requirement
.................................................................................................................
63
8.7 Independent Entities/Limitation of Liability
..................................................................................
64
Figures Figure 1: Venn Diagram of Economic Benefits contemplated
within ORECRFP20-1 .................................. 31 Figure 2:
ORECRFP20-1 Evaluation Process
................................................................................................
39
Appendices Appendix A Notice of Intent to Propose
Appendix B Proposer Certification Form
Appendix C.1 Economic Benefits Claims and Verification
Appendix C.2 Port Infrastructure Investment Plan
Appendix D Elements of the Fisheries Mitigation Plan
Appendix E Elements of the Environmental Mitigation Plan
Appendix F Offshore Wind Renewable Energy Certificate Standard Form
Purchase and Sale Agreement
Appendix G Offer Data Form
Appendix H Master Offers Form
Appendix I Port Infrastructure Investment Plan Data Form
Appendix J Proposal Submission Guide
- 1 -
ACRONYMS AND DEFINITIONS
Actual Production – The amount of electric energy production from
the Project, in MWh delivered to the Injection Point, for which
NYSERDA is obligated to purchase the associated ORECs under Article
II of the Agreement.
Agreement – Offshore Wind Renewable Energy Certificate Standard
Form Purchase and Sale Agreement.
Alternate Proposal – A Proposal defined in Section 2.1.3.
Annual OREC Cap – The amount of ORECs equal to the product of 1.1
and the P10 Annual OREC Exceedance.
Applicable OREC Price Method – The method employed by NYSERDA in
each month for determining the Monthly OREC Price as determined in
Section 4.01 of the Agreement.
Award Notification Date – The date upon which NYSERDA provides
written confirmation to a Proposer indicating that a Project has
been selected for contract negotiations.
Benchmark LNOC – The confidential maximum price levels for the
Fixed OREC and Index OREC offers that NYSERDA will employ in its
determination of potential OREC award(s).
BOEM – The Bureau of Ocean Energy Management within the U.S.
Department of the Interior.
CES – Clean Energy Standard.
CLCPA – Climate Leadership and Community Protection Act.
Commercial Operation – A state of operational readiness under which
(i) generating capacity is available and physically producing
electric energy and associated ORECs, and (ii) all rights,
abilities, permits and approvals to schedule and deliver energy to
the Delivery Point have been obtained.
Commercial Operation Date – The date upon which the Project or a
phase of the Project enters Commercial Operation.
Contract Delivery Term – The period of performance under the
Agreement. The Contract Delivery Term for each Project phase will
commence on the first day of the month after any portion of the
Project phase commences Commercial Operation and end at the earlier
of (i) the date upon which the Contract Tenor has elapsed, or (ii)
the Outer Limit Date.
Contract Tenor – The maximum duration of the Contract Delivery
Term. The Contract Tenor shall be stated in years.
Contract Year – A 12-month period commencing with the beginning of
the Contract Delivery Term and each anniversary thereof during the
Contract Delivery Term. The phrase “Contract Year” followed by
a
- 2 -
number shall refer to a discrete Contract Year within the Contract
Delivery Term such that “Contract Year 1” refers to the first
12-month period commencing with the beginning of the Contract
Delivery Term, “Contract Year 2” refers to the second such 12-month
period, and so on.
Delivery Point – For Projects that inject energy directly into the
New York Control Area, the generator bus or location where (a) the
administrator of the wholesale power market, or (b) the operator of
the transmission/distribution utility, public authority or
municipal electric company, measures, or otherwise determines,
energy production from the Project. For Projects that inject energy
outside of the New York Control Area, the generator bus or location
where the NYISO measures energy delivery from the Project into the
New York Control Area.
Disadvantaged Communities – A definition pursuant to New York
State’s nation leading climate legislation, the CLCPA which
includes a target of delivering at least 35 percent of the overall
benefits from New York State’s climate programs to Disadvantaged
Communities. Disadvantaged Communities are identified in the CLCPA
as communities that bear burdens of negative public health effects,
environmental pollution, impacts of climate change, and possess
certain socioeconomic criteria, or comprise high-concentrations of
low- and moderate- income households. Acknowledging that New York
State has not yet formally defined Disadvantaged Communities, this
RFP will rely on already-established criteria for communities that
meet the spirit of the Disadvantaged Communities objectives of the
CLCPA including the prioritization of benefits to communities
located in low-income census tracks, Potential Environmental
Justice Areas, and New York Opportunity Zones.
Economic Benefits Plan – A plan submitted as part of a specific
Proposal, inclusive of associated Port Infrastructure Investment
Plans, as further described in Appendix C.1.
Economic Benefits Report – An independently audited report,
documenting the total dollar amount of actual Economic Benefits
accrued to New York and associated activities and commitments
undertaken from the Award Notification Date through the end of the
first three (3) years of the Contract Delivery Term (See Appendix
C.1).
Eligible Ports – Ports that have been pre-qualified through
NYSERDA’s RFQL 4259 to receive New York State Funding. Eligible
Ports include (alphabetically):
• Arthur Kill Terminal (Staten Island) • Brooklyn Navy Yard
(Wallabout Bay, Brooklyn) • Cortlandt (Cortlandt, Westchester
County) • Derecktor (Mamaroneck, Westchester County) • East
Greenbush (East Greenbush, Rensselaer County) • Port Ivory (North
Shore of Staten Island) • Port Jefferson (Port Jefferson, Long
Island) • Port of Albany (Albany, NY) • Port of Coeymans (Coeymans,
Albany County) • South Brooklyn Marine Terminal (Sunset Park,
Brooklyn)
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• Tompkins Cove (Tompkins Cove, Rockland County)
A contact list of Eligible Port representatives is available upon
request from
[email protected].
Environmental Attributes – All environmental characteristics,
claims, credits, benefits, emissions reductions, offsets,
allowances, allocations, howsoever characterized, denominated,
measured or entitled, attributable to the generation of Actual
Eligible Production by a Project, consistent with the delineation
of attributes set forth in the Agreement.
Expected Total Dollars – The total dollar amount of Economic
Benefits in Categories 1 and 2 as presented in the Proposal and
accepted by NYSERDA, expected to accrue to New York State as a
result of the development, construction, modification,
interconnection, and operation of the Project and associated Port
Infrastructure Investment Plans from the Award Notification Date
through the end of the first three (3) Contract Years.
Fixed OREC Price – A fixed, as-offered price in dollars per OREC as
described in Section 4.02 of the Agreement.
FOIL – New York’s Freedom of Information Law, Public Officers’ Law
Article 6.
Index OREC Price – An adjustable price in dollars per OREC that
nets a fixed, as-offered strike price monthly against a reference
price expressed in a market index as determined by NYSERDA pursuant
to Section 4.03 of the Agreement.
Incremental Economic Benefits – Those economic benefits within the
categories specified in Appendix C.1 that a Proposer can
demonstrate: (1) will accrue subsequent to an award under this RFP;
(2) would not have accrued but for the award of a contract under
this current RFP; (3) do not represent any economic benefits
accrued pursuant to an award under any prior New York State RFP,
including for the avoidance of doubt, any Contingent Economic
Benefits (such term as defined in ORECRFP18-1); and (4) do not
include any New York State Funding.
Injection Point – For Projects that interconnect directly into the
New York Control Area, the Injection Point is the Delivery Point.
For Projects that interconnect outside of the NYCA, the Injection
Point shall be the generator bus or the location where the
administrator of the local Control Area measures energy delivery
from the Project into the local market.
Levelized Unit Net OREC Cost (LNOC) – A means of comparing
Proposals with different pricing structures, OREC quantity
schedules, Commercial Operation Dates, and Contract Tenors, as
described in Section 4.3.
Long-Term Jobs – Jobs lasting three or more years.
LSE – Load-serving entity.
Major Supplier – A supplier of goods and services to Proposer with
an anticipated contract value of $5 million or greater.
Monthly OREC Price – A price in dollars per OREC determined by
NYSERDA for each month of the Contract Delivery Term. If the
Applicable OREC Price Method is the Fixed OREC Price, the Monthly
OREC Price shall be calculated pursuant to Section 4.02 of the
Agreement. If the Applicable OREC Price Method is the Index OREC
Price, the Monthly OREC Price shall be calculated pursuant to
Section 4.03 of the Agreement.
MWBE – Minority and/or Women-Owned Businesses, such term is as
defined under New York State Law.
New York Control Area (NYCA) – The geographic bounds of the
electricity system that is under the control of the NYISO, which
includes transmission facilities listed in the ISO/Transmission
Owner Agreement Appendices A-1 and A-2, as may be amended from time
to time.
New York Generation Attribute Tracking System (NYGATS) – The
tracking system that records electricity generation attribute
information within New York State, and processes generation
attribute information from energy imported and consumed within New
York State, as a basis for creating generation attribute
certificates, including ORECs. NYGATS will create exactly one OREC
per MWh of generation attributable to the Project and delivered to
the Delivery Point.
NY Green Bank Financing – competitively-priced, market-based debt
financing issued by the NY Green Bank, that may be available to
Projects pursuant to Section 5.2. NY Green Bank is a
State-sponsored specialized financial entity that works with the
private sector to identify, address, and alleviate market barriers
preventing the widespread deployment of clean energy projects
across New York State. NY Green Bank used demonstrated financing
tools to promote self-sustaining markets, while enabling private
sector capital providers to expand the frontiers of current
commercial clean energy investment opportunities. More information
on NY Green Bank can be found at
https://www.greenbank.ny.gov.
New York State Assisted Financing – up to $100 million of
senior-secured debt financing for Eligible Expenses, available for
draws as critical Port Infrastructure Investment Plan milestones
are met pursuant to Section 2.1.2.
New York State Funding – Public grant or senior-secured debt
financing for expenses associated with Port Infrastructure
Improvement Plans.
NYISO Capacity Market – Collectively, the wholesale markets for
capacity administered by NYISO.
NYISO Energy Market – Collectively, the wholesale markets for
electric energy administered by NYISO.
NYSERDA Consultants – Consultants engaged by NYSERDA to assist with
the evaluation of Proposals.
Offer Capacity – The electric generating capacity of the Project,
measured as the installed (nameplate) capacity in alternating
current at the Offshore Wind Generation Facility.
Offshore Wind Generation Facility – The installed wind turbine
generators and all other associated offshore equipment and
infrastructure located within the BOEM lease area.
Offshore Wind Orders – The New York Public Service Commission’s
Order Establishing Offshore Wind Standard and Framework for Phase 1
Procurement, issued and effective on July 12, 2018 and the Order
Authorizing Offshore Wind Solicitation in 2020 issued on April 23,
2020 in Case No. 18-E-0071.
Offshore Wind Renewable Energy Certificate (OREC) – The electronic
record of generation data created by NYGATS and representing all of
the attributes, including all Environmental Attributes, of one MWh
of electric generation from an Offshore Wind Facility delivered
into the New York Control Area and registered with the NYGATS
tracking system. The attributes represented in each OREC include
all environmental characteristics, claims, credits, benefits,
emissions reductions, offsets, allowances, allocations, howsoever
characterized, denominated, measured or entitled, attributable to
the generation of Actual Eligible Production by a Project,
including but not limited to: (i) any direct emissions or any
avoided emissions of pollutants to the air, soil or water including
but not limited to sulfur oxides (SOx), nitrogen oxides (NOx),
carbon monoxide (CO), particulate matter and other pollutants; (ii)
any direct or avoided emissions of carbon dioxide (CO2), methane
(CH4) and other greenhouse gases (GHGs) that have been or may be
determined by the United Nations Intergovernmental Panel on Climate
Change to contribute to the actual or potential threat of altering
the Earth’s climate by trapping heat in the atmosphere; (iii) all
set-aside allowances and/or allocations from emissions trading
programs made unnecessary for compliance in such program as a
result of performance under the Agreement, including but not
limited to allocations available under 6 NYCRR §§ 204, 237 and 238;
and (iv) all credits, certificates, registrations, recordations, or
other memorializations of whatever type or sort, representing any
of the above.
Operational Installed Capacity – The gross generating capacity, in
MW, of the Selected Project that has achieved Commercial Operation
and for which an Independent Engineer’s report has been submitted
to NYSERDA pursuant to Section 2.01(c) of the Agreement.
Outer Limit Date – A backstop date upon which the Contract Delivery
Term ends regardless of whether the full Contract Tenor has
elapsed. If the Contract Tenor is 20 years, the Outer Limit Date is
January 1, 2049. If the Contract Tenor is 25 years, the Outer Limit
Date is January 1, 2054.
P10 Annual OREC Exceedance – An amount of electrical energy (in
MWh), such that the estimated probability in any given year that
generation from the Project delivered to the Delivery Point would
exceed that amount is 10 percent.
Port Infrastructure Investment Plan – A plan submitted as part of
the Proposal in support of the Economic Benefits Plan, as further
described in Appendix C.2.
Port Infrastructure Minimum Thresholds – Minimum criteria that must
be met for a Port Infrastructure Investment Plan to be determined
to be “investment worthy.”
Port Infrastructure Scoring Committee – Members of NYSERDA Staff,
Empire State Development Staff, NY Green Bank Staff, and Technical
Experts responsible for reviewing Port Infrastructure Investment
Plans included with Proposals received through this RFP.
Primary Component – A main parts of an offshore wind turbine
structure, including the foundation, substructure, transition
piece, nacelle and rotor blades.
Project – An Offshore Wind Generation Facility and the associated
equipment, infrastructure, and support facilities necessary to
construct, operate and deliver energy to the designated Delivery
Point and the corresponding ORECs to an account designated by
NYSERDA in the NYGATS, excluding facilities and infrastructure
associated with a Port Infrastructure Investment Plan.
Project Team – Proposer personnel and contractors who have primary
responsibility for project development.
Proposal – An offer to sell ORECs from an Offshore Wind Generation
Facility for a given Offer Capacity, Index REC or Fixed REC pricing
structure, Delivery Point, and associated Port Infrastructure
Investment Plan(s) that conforms to the requirements of this RFP. A
Proposal may contain either or both 25- and 20- year Contract
Tenors, each with an associated level nominal Strike Price (for
Index OREC offers) or Price (for Fixed OREC offers).
Proposer – The business entity that submits a Proposal in response
to this RFP.
Reference Capacity Price – An index of NYISO Capacity Market prices
as set forth in Section 4.03 of the Agreement.
Reference Energy Price – An index of zonal NYISO Energy Market
prices as set forth in in Section 4.03 of the Agreement.
Reimbursement-Based Grant Funding – up to $100 million of grant
financing for Eligible Expenses on a reimbursement basis, available
for draws as critical Port Infrastructure Investment Plan
milestones are met.
Required Base Proposal – A Proposal defined in Section 2.1.3.
Required Standalone Proposal – A Proposal defined in Section
2.1.3.
Scoring Committee – Members of NYSERDA Staff, New York State
Department of Public Service Staff, and competitively-selected
Independent Evaluators responsible for evaluating Proposals
received through this RFP.
SDVOB – Service-Disabled Veteran Owned Businesses as defined under
the Service-Disabled Veteran- Owned Business Act of New York
State.
Seller – A Proposer selected by NYSERDA who has executed an
Agreement to sell ORECs to NYSERDA pursuant to this RFP.
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Short-Term Jobs – Jobs lasting less than three years.
Submission – Package of all files submitted by a developer in
response to this RFP.
TWG – Technical Working Group.
Verified Total Dollars – The total dollar amount of Economic
Benefits in Categories 1 and 2 verified by NYSERDA to have accrued
to New York as a result of the development, construction,
modification, interconnection, and operation of the Project and
associated Port Infrastructure Investment Plans from the Award
Notification Date through the end of the first three (3) Contract
Years.
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1 INTRODUCTION
1.1 New York’s Clean Energy Standard and Offshore Wind Standard New
York State has adopted some of the most ambitious clean energy
goals in the nation, with the stated goal of reducing greenhouse
gas emissions by 85% by 2050.
On August 1, 2016, the Commission issued its Order Adopting a Clean
Energy Standard (CES), which, based upon the recommendation and
comments in a White Paper filed by NYSERDA and Department of Public
Service Staff (Staff), established the 50% renewables by 2030 goal.
The CES also requested that NYSERDA develop a “blueprint,”
identifying the appropriate mechanisms for the Commission and the
State to consider in order to maximize the potential of the
burgeoning offshore wind industry.
In January 2018, NYSERDA published the New York State Offshore Wind
Master Plan (Master Plan), which included more than 20 studies that
gathered data on environmental, social, economic, regulatory, and
infrastructure issues relevant to offshore wind energy development,
and reflected the State’s extensive outreach efforts with
interested agencies, entities, communities, and individuals in the
responsible and cost-effective development of offshore wind.
NYSERDA also filed an Offshore Wind Policy Options Paper in January
2018 that launched the regulatory proceedings that culminated in
the Commission’s issuance of the Phase 1 Order on July 12, 2018. In
the Phase 1 Order, the Commission adopted the goal of procuring
2,400 MW of offshore wind capacity by 2030. NYSERDA launched its
inaugural solicitation for offshore wind (ORECRFP18-1) on November
8, 2018.
In July 2019, Governor Andrew Cuomo signed the Climate Leadership
and Community Protection Act (CLCPA). The CLCPA mandates the Green
New Deal’s nation-leading clean energy targets: nine gigawatts of
offshore wind by 2035, six gigawatts of distributed solar by 2025,
and three gigawatts of energy storage by 2030, while calling for an
orderly and just transition to clean energy that creates jobs and
continues fostering a green economy. The CLCPA also directs New
York State agencies and authorities to collaborate with
stakeholders to develop a plan to reduce greenhouse gas emissions
by 85 percent from 1990 levels by 2050 and aim to invest at least
35 percent of clean energy and energy efficiency program resources
to benefit Disadvantaged Communities, achieving 70 percent
renewable energy by 2030 and 100 percent renewable energy by 2040.
Separately, Governor Cuomo committed the State to investing $200
million in port infrastructure to unlock private supply chain
capital and maximize the long-term economic benefits to the State
from the regional development of offshore wind.
Simultaneously with