NYSERDA Semi-Annual Report

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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.
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.
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.
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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.
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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
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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).
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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.
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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
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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
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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
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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
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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

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