23137bid.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://nyspro.ogs.ny.gov | customer.service@ogs.ny.gov | 518-474-6717

NEW Solicitation (Revised July 18, 2018)

23137r1.docx

BID OPENING

DATE: July 31, 2018

TIME: 11:00 A.M. EST

TITLE: Group 05302 – Photovoltaic Systems and Installation Services (Statewide)

SOLICITATION NUMBER: 23137 Classification Codes: 26, 30 and 72

CONTRACT PERIOD:

Shall commence upon mailing or electronic communication of the final executed documents to the Contractor for a Period of Three Years (Includes Periodic Recruitment)

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Kelly Rothkopf Contract Management Specialist E-mail Address: kelly.rothkopf@ogs.ny.gov

Todd Gardner Team Leader E-mail Address: todd.gardner@ogs.ny.gov

Jonathan Davis - Jonathan.Davis@ogs.ny.gov Lauren Hartley - Lauren.Hartley@ogs.ny.gov

Legal Issues Only Elizabeth Katagiri - Elizabeth.Katagiri@ogs.ny.gov Michele Reale - Michele.Reale@ogs.ny.gov

For MWBE Questions Only For SDVOB Questions Only

E-mail Address: MWBE@ogs.ny.gov E-mail Address: VeteransDevelopment@ogs.ny.gov

Anuola Surgick Tryphina Ramsey Anthony Tomaselli

For INSURANCE Questions Only

E-mail Address: ogs.sm.insrev@ogs.ny.gov Leighann Brown

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply) NYS Small Business

# Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business NYS Women

Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER FLASH DRIVE OTHER # of Binders/Packages: ___________ PURC. MEMO CD/DVD SDHC CARD ____________ Documented by: ______________

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 60 days from the date of submission to the New York State (“NYS”)

Office of General Services (“OGS”), or for such longer period as is set forth in the Solicitation.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Solicitation.

3. The Bidder has read and understands the provisions of the Solicitation, and all appendices, attachments, and exhibits attached thereto, including Appendix A (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/aboutOgs/regulations/defaultSFL_139-j-k.asp.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 3

Table of Contents

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.2.1 Lot 1 Photovoltaic Systems

1.2.2 Lot 2 Installation Services

1.2.3 Regions

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Pre-Bid Webinar

1.6 WebEx Instructions

1.7 Bidder Questions

1.8 MWBE and SDVOB Interest in Participating with Bidders

1.9 NYS Contract Reporter

1.10 Summary Of Policy And Prohibitions On Procurement Lobbying

1.11 Definitions

1.12 Appendices and Attachments

1.13 Conflict of Terms

2.0 Bidder Qualifications

2.1 Lot 1 Photovoltaic Systems Mandatory Requirements

2.2 Lot 2 Installation Services Mandatory Requirements

2.3 Lot 1 Photovoltaic Systems Verifiable Sales

3. SPECIFICATIONS

3.1 Lot 1 - Product

3.1.1 Packaging

3.1.2 Solar Modules (Solar Panels)

3.1.3 Inverters

3.1.5 Charge Controllers

3.2 Lot 2 – Installation Services

4. BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format and Content of Bid Submission

4.4 Content

4.5 Bid Envelopes and Packages

4.6 Bid Delivery

4.7 Important Building Access Procedures

4.8 NYS Required Certifications

4.9 Manufacturer’s Authorization Form

4.10 Bid Deviations

4.11 Electronic Bid Opening Results

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 4

4.12 Bid Liability

4.13 Firm Offer

4.14 Reserved Rights

4.15 Incorporation

5. METHOD OF AWARD

5.1 Method of Award for Lot 1 - Product

5.1.1 Reasonableness of Price, Lot 1 - Product

5.2 Method of Award for Lot 2 – Installation Services

5.2.1 Reasonableness of Price, Lot 2 – Installation Services

5.2.2 Reference Check, Lot 2 – Installation Services

5.3 Periodic Recruitment

5.4 Procurement Instructions To Authorized Users

5.4.1 Mini-Bid Requirements

5.4.2 Feasibility Studies/Stakeholder Considerations

5.4.3 Development of the Mini-Bid Technical Requirements

5.4.4 Authorized User Compliance with MWBE Participation Goals

5.4.5 Authorized User Compliance With SDVOB Participation Goals

5.4.6 Protests

5.4.7 Mini-Bid Contract Number

5.4.8 Conducting the Mini-Bid

5.5 Notification of Award

6. TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Centralized Contract Pricing

6.3.1 Price, Lot 1 - Product

6.3.2 Price, Lot 2 – Installation Services

6.4 Mini-Bid Pricing

6.5 Additional Discounts

6.6 Price Updates

6.6.1 Lot 1 Product - Price Updates

6.6.2 Pricelist Format

6.6.3 Contractor’s Submission of Contract Updates

6.6.4 Lot 2 Installation Services

6.6.5 Cover Letters

6.6.6 Price Structure

6.7 NYS Department of Labor Prevailing Wage Rates

6.8 Worker Notification

6.9 OSHA 10-Hour Construction Safety and Health Course

6.10 Living Wage

6.11 Ordering

6.12 Invoicing and Payment

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 5

6.13 Product Delivery

6.14 Product Returns and Exchanges

6.15 Unanticipated Excessive Purchase

6.16 Contract Administration

6.17 NYS Financial System (SFS)

6.18 Accessibility of Web-Based Information and Applications Policy

6.19 Americans with Disabilities Act (ADA)

6.20 Insurance

6.21 Report of Contract Usage

6.22 Contractor Requirements and Procedures for Business Participation Opportunities for NYS Certified Minority- and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.23 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses . 46

6.24 Use of Recycled or Remanufactured Materials

6.25 Bulk Delivery and Alternate Packaging

6.26 Surplus/Take-Back/Recycling

6.27 Environmental Attributes and NYS Executive Order Number 4

6.28 Consumer Products Containing Mercury

6.29 Diesel Emission Reduction Act

6.30 Overlapping Contract Products

6.31 NYS Vendor Responsibility

6.32 NYS Tax Law Section 5-a

6.33 Non-State Agencies Participation in Centralized Contracts

6.34 Extension of Use

6.35 Resellers

6.36 New Accounts

6.37 Drug and Alcohol Use Prohibited

6.38 Traffic Infractions

6.39 Instruction Manuals

6.40 Embedded Software/Firmware; Updates

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 6

1.1 Overview

Note to Prospective Bidders: This Solicitation replaces canceled Solicitation 23085. Bids previously submitted for Solicitation 23085 will not be considered for this Solicitation and Bidders will be required to submit a new bid in response to this Solicitation in order to be eligible for a Contract award.

To assist Prospective Bidders in understanding the ways in which this Solicitation materially differs from canceled Solicitation 23085, OGS has highlighted the changes in red text. A summary of the material changes is as follows:

1. The definition of Government Entity (see Section 1.11)

2. Lot 1 Photovoltaic Systems, Product Categories (see Section 1.2.1)

3. Lot 1 Photovoltaic Systems Mandatory Requirements (see Section 2.1)

4. Lot 1 Photovoltaic Systems Verifiable Sales (see Section 2.3)

5. Lot 1 Product Specifications (see Section 3.1)

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Photovoltaic Systems (PV) and Installation Services (Statewide) as specified herein for purchases by Authorized Users as defined in State Finance Law section 163(1)(k).

This Solicitation is being conducted as a non-competitive periodic recruitment. Bids will be accepted from Manufacturers of and entities authorized to sell Photovoltaic Systems and Manufacturers and entities authorized to provide Installation Services (see Section 1.11 Definitions). Contract awards will be made to responsive and responsible Bidders who meet the minimum qualifications (see Section 2 Bidder Qualifications) and who are eligible for award (see Section 5 Method of Award).

The term of each Contract, including those awarded during any subsequent periodic recruitment shall be a maximum of five (5) years commencing on the date the first Contract is executed by OGS, and all Contracts shall be coterminous. The State reserves the right to extend these Contracts for one additional one (1) year term.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to avoid disqualification for late Bid submission.

Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

The purpose of this Solicitation and resultant Contracts is to provide Authorized Users with a means of acquiring Photovoltaic Systems (Lot 1) and Installation Services (Lot 2). A Bidder may bid on both Lot 1 and Lot 2 or just Lot 1.

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 7

1.2.1 Lot 1 Photovoltaic Systems

Bidder may offer Photovoltaic Systems within the product categories shown in the table below:

Product Category Examples

Packaged Photovoltaic Systems

A complete packaged system which contains all necessary components of the system including but not limited to:

~Photovoltaics Panels ~Mounting Racks ~Inverter ~Battery Pack ~Charge Controllers ~Meters ~Array Disconnect ~Breakers ~Cables

A packaged Photovoltaic System may be grid tied; grid tied with battery storage;

off-grid or off-grid with battery storage.

Solar Modules (Solar Panels)

~Monocrystalline Silicon PV (mono-silicon or single silicon) ~Polycrystalline Silicon PV (multi-crystalline, multi-silicon, ribbon) ~Thin film solar panels ~Building Integrated

Racking Systems

~Roof Mounting Frames & Hardware

~Ground Mounting Frames & Hardware ~Pole Mounts ~Tracking hardware

Inverters

~String Inverters ~Micro-Inverters ~Power Optimizers

~Inverter Communication Units

Charge Controllers ~Maximum power point tracking (MPPT)

Battery Packs

~High Cycle-Life Batteries ~Deep Cycle Emergency/Stand By ~Lithium Ion ~Battery Racks ~Lead Acid Batteries

Ancillary Products ~Wiring ~Cables ~Adaptors

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 8

~Combiner Boxes ~Safety Disconnects ~Surge Suppressors ~Breaker Panels ~Meters

Miscellaneous Photovoltaic Products

~Solar Powered Area Lights ~Solar Powered Street Lights ~Portable Solar Generators

Authorized Users may purchase Photovoltaic Systems with internet or Cloud-based capabilities, but must carefully review any associated terms and conditions prior to purchase, and such terms and conditions have not been reviewed or approved by OGS.

1.2.2 Lot 2 Installation Services

A Bidder that is bidding on Lot 1 Photovoltaic Systems may also bid on Lot 2 Installation Services. To be awarded Lot 2, the Bidder must also be awarded Lot 1 in the applicable Region.

All Installation Services must be related to and ordered in conjunction with Products offered under the Bidder’s award for Lot 1 – Products. Installation Services shall not be performed for Products not purchased through this Solicitation or offered by another Contractor’s Lot 1 award.

Bidder may bid one or more of the following three system size installations provided they meet the minimum size requirement in Section 2.2, III(a) Installation Services Mandatory Requirements:

Item 1: 0 to 100 kW systems Item 2: 101 to 500 kW systems Item 3: >500 kW systems

Bidder may offer Installation Services as shown in the following table:

Installation Services

Installation Services may include but are not limited to:

~Design

~Permitting

~Selection of system components

~Construction of simple foundations

~Assembly of the system

~Anchoring of the system

~Construction of electrical connections

~Construction of the interconnection with the existing electrical network

~Installation of performance monitoring systems

~System start up

~System commissioning

~Coordination of testing and inspections

~The provision of drawings and technical documents

~Training to the Authorized User

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 9

1.2.3 Regions

This Solicitation includes five regions, as illustrated in the following map, with each region containing the counties listed below.

Notes:

Zones A-K plotted on map above and noted below are provided as reference only. Bidders bidding regions in Lots 1 or Lots 1 and 2 must bid the entire regions, regardless of zone.

Counties may cross over borders of NYISO Zones and be a part of multiple NYISO Zones.

NYS Counties by NYISO Zone:

Region NYISO Zone Counties

1 Zone A Niagara, Erie, Orleans, Monroe, Livingston, Genesee, Wyoming, Cattaraugus, Chautauqua

1 Zone B Wayne, Monroe, Ontario, Allegany

1 Zone C Oswego, Onondaga, Cayuga, Cortland, Broome, Tioga, Tompkins, Seneca, Yates, Ontario, Schuyler, Chemung

2 Zone D Franklin, Clinton, Essex, Hamilton

2 Zone E Franklin, St Lawrence, Jefferson, Lewis, Herkimer, Oneida, Madison, Otsego, Chenango, Delaware, Sullivan

3 Zone F Essex, Hamilton, Warren, Washington, Fulton, Saratoga, Montgomery, Schenectady, Rensselaer, Otsego, Schoharie, Albany, Columbia, Greene

3 Zone G Greene, Ulster, Dutchess, Putnam, Orange, Rockland

4 Zone H Westchester

4 Zone I Westchester

4 Zone J Bronx, New York, Richmond, Kings, Queens

5 Zone K Nassau, Suffolk

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 10

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of all contracts to be awarded for this Solicitation, based in part on historical purchases under previous awards, is approximately $7,500,000 for each lot for a total anticipated dollar value of $15,000,000. In addition, it is expected that spending may increase by several million dollars annually starting in NYS fiscal year 2019/20 as agencies implement strategies to meet the requirements of Executive Order 166.

The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Photovoltaic Systems and Installation Services purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

A. Such Contracts will be non-exclusive Contracts.

B. There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

C. The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

D. The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

E. Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

F. Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release June 21, 2018 N/A Registration Deadline for Pre-Bid Webinar June 27, 2018 9:30 AM ET Pre-Bid Webinar June 27, 2018 12:30 PM ET Closing Date for MWBE/SDVOB Expression of Interest July 11, 2018 5:00 PM ET Closing Date for Bidder Questions July 11, 2018 5:00 PM ET OGS Procurement Services’ Responses to Bidder Questions July 18, 2018 N/A Bid Opening / Due date for Bids July 31, 2018 11:00 AM ET

1.5 Pre-Bid Webinar

A Pre-Bid Webinar will be held at the time and date indicated in Section 1.4 Key Events/Dates. Bidder participation during the Pre-Bid Webinar is not mandatory, but it is recommended that all Bidders participate in the Pre-Bid Webinar. A Bidder should register for the Pre-Bid Webinar by following the directions found below in Section 1.6 WebEx Instructions on or before the “Registration Deadline for Pre-Bid Webinar” date indicated in Section 1.4 Key Events/Dates.

Prospective Bidders may not participate in the Pre-Bid Webinar in person. The Webinar call in number and website participation instructions will be provided to registered attendees prior to the Pre-Bid Webinar. If technological issues arise during the Pre-Bid Webinar, participants shall immediately email or call the designated contact. If the technological issues are attributable to the State and cannot be immediately resolved, the Pre-Bid Webinar will be re-scheduled.

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 11

The purpose of the Pre-Bid Webinar is to review Bid submission procedures related to the Solicitation. At the discretion of OGS, materials may be provided prior to the Pre-Bid Webinar to the email address(es) submitted with registration. At the discretion of OGS, inquiries submitted either at or prior to the Pre-Bid Webinar may be discussed by OGS at the Pre-Bid Webinar, however any responses to inquiries made at the Pre-Bid webinar are not binding. Only the written responses in the official response to inquiries posted on the OGS website shall be binding.

1.6 WebEx Instructions

It is highly recommended that you or your organization register for this webinar, the webinar will be online only with an audio bridge.

The Bidder must:

1. Go to: https://meetny.webex.com/meetny/j.php?RGID=r392f6c4919dd8afafd846f41a173f5fa

2. If requested, enter your name and email address

3. If a password is required, enter the meeting password

4. Click "Join".

5. Follow the instructions that appear on your screen.

IMPORTANT NOTICE: This WebEx service includes a feature that allows audio and any documents and other materials exchanged or viewed during the session to be recorded. By joining this session, you automatically consent to such recordings. If you do not consent to the recording, please do not join the session. Please note that any such recordings may be subject to Freedom of Information Law (FOIL) or discovery in the event of litigation.

To avoid technical difficulties during the webinar, it is highly recommended that Bidders test their WebEx connections prior to the webinar.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – ‘Bidder Questions Form’, citing the applicable Solicitation document name and document section. The completed form must be emailed to kelly.rothkopf@ogs.ny.gov by the date and time indicated in the Section 1.4 Key Events/Dates. Questions submitted after the deadline indicated may not be answered. Bidders are strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”).

Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Bid Deviations for additional information.

1.8 MWBE and SDVOB Interest in Participating with Bidders

If a New York State certified MWBE or SDVOB would like to indicate its interest in working with participating Bidders, please send an e-mail entitled “Solicitation 23137 MWBE or SDVOB INTEREST_COMPANY NAME” to kelly.rothkopf@ogs.ny.gov on or before July 11, 2018. The e-mail content should include:

1. Company Name

2. Contact Name and Contact Information such as Phone Number, Mailing Address and E-Mail Address

3. Brief description of the company and the products and/or services that the company offers that are related to this Solicitation (for example “Company ABC manufactures pencils”

4. The NYS Certification Type (Minority and/or Women-Owned or SDVOB).

https://meetny.webex.com/meetny/j.php?RGID=r392f6c4919dd8afafd846f41a173f5fa

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 12

5. Include what locations in NYS the company provides services in.

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Solicitation through the timely submission of such email, will be made available to prospective Bidders through the publishing of a Purchasing Memorandum posted through the New York State Contract Reporter.

1.9 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question and answer document and updates to Solicitation documents.

1.10 Summary Of Policy And Prohibitions On Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation and in the MWBE Designated Contacts, SDVOB Designated Contacts and Insurance Designated Contacts sections. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-

k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years.

Further information about these requirements can be found on the OGS website at: https://www.ogs.ny.gov/acpl/

1.11 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions, or as below.

“Battery Storage System” stores the excess electricity produced by a Photovoltaic System and provides the electricity when more energy is being demanded than the Photovoltaic System is generating.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Cloud” Any remote administration, maintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s data.

“Cost per Watt” The cost of a packaged Photovoltaic System, exclusive of installation costs, divided by the capacity of the system measured in Watts DC. Also referred to as ‘$ per Watt’.

https://www.ogs.ny.gov/acpl/

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 13

“Grid Tied PV System” shall refer to a photovoltaic power system that is generating electricity that is connected to the local utility company’s system (utility grid).

“Government Entity” A federal, state, municipal or tribal government entity or any entity expressly authorized by the law to purchase under such federal, state, municipal or tribal government entity’s contracts.

“Installation Services” For the purposes of this Solicitation, Installation includes those tasks specifically associated with the design, assembly and commissioning of the Photovoltaic System including but not limited to system design, permitting, selection of system components, construction of simple foundations, assembly of the system, anchoring of the system, construction of electrical connections, installation of performance monitoring systems, system start up, system commissioning, coordination of testing and inspections and the provision of drawings, technical documents and training to the Authorized User. Installation does not include construction work such as land clearing, grading, the construction of new structures (other than simple foundations), the construction of roads, structural modifications to buildings, the construction of new power lines, interconnection fees or upgrades to electrical equipment on the utility side of the electrical system.

“LEED” (Leadership in Energy and Environmental Design)” is an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies intended to improve performance in metrics such as energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

“Levelized Cost of Energy (LCOE)” – The average amount that will be paid for the electricity generated by the Photovoltaic System over its lifetime. LCOE is calculated by dividing the Net Cost of the Photovoltaic System plus the estimated cost of maintenance and operations over the system’s lifetime by the total amount of electricity (in kWh) produced over the system’s lifetime.

“Manufacturer” An organization or Business Entity that creates, makes, processes, or fabricates a Product or something of value, which changes a raw material or commodity from one form to another or creates a new Product or commodity.

“Mini-Bid” A document used by the Authorized User to define a project that will be competitively bid on by eligible Contractors. Awards will be based on best value for Products and/or Services under the Centralized Contract.

“Mini-Bid Contract” The agreement between the Contractor and the Authorized User which results from the competitive bidding of an Authorized User’s Mini-Bid Project Definition. A Mini-Bid Contract consists of the Contractor’s Executed Contract, the Authorized User’s Mini-Bid Project Definition and the Contractor’s response to the Mini-Bid Project Definition, as accepted by the Authorized User.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“Net Cost” – The cost of the Photovoltaic System including the cost of all components and Installation Services but excluding any incentives, rebates or credits.

“Not to Exceed Labor Markup Rates (NTELMR)” is a single markup percentage over the prevailing wage rates.

NTELMR is inclusive of all costs associated with the Installation Services.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following:

New Year’s Day; Martin Luther King Day; Washington’s Birthday (observed); Memorial Day; Independence Day;

Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Miscellaneous Solar Products” refers to pre-assembled Products such as area lighting or generators that utilize an integrated photovoltaic system for power.

“Off-Grid PV System” shall refer to a photovoltaic power system that is not connected to the local utility company’s system (utility grid) and is a self-sustaining energy source.

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“Photovoltaic (PV) System” Refers to either complete, packaged systems or individual components of systems that convert solar radiation into electricity. For the purposes of this Solicitation, Photovoltaic Systems includes packaged Photovoltaic Systems, solar modules, racking systems, inverters, charge controllers, battery packs, ancillary products and miscellaneous photovoltaic products.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with State Finance Law § 162.

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

1.12 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

Appendix A Standard Clauses for NYS Contracts (January 2014) Appendix B General Specifications (April 2016) Appendix C Contract Modification Procedure Appendix D Mini-Bid Project Definition Template

Attachment 1 Pricing Attachment 2 NYS Required Certifications Attachment 3 Encouraging Use of NYS Businesses Attachment 4 Insurance Requirements Attachment 5 Bidder Information Questionnaire Attachment 6 Bidder Submission Checklist Attachment 7 Bidder Questions Form Attachment 8 Report of Contract Usage Attachment 9 Manufacturer’s Authorization Form Attachment 10 Minimum Qualifications Submittal Form Attachment 11 Verifiable Sales Attachment 12 Contractor and Reseller/Distributor Information

1.13 Conflict of Terms

Conflicts among the documents comprising this Solicitation shall be resolved in the following order of precedence:

A. Appendix A, Standard Clauses for New York State Contracts;

B. The Solicitation, including all appendices and attachments;

C. Appendix B, General Specifications;

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work.

2.1 Lot 1 Photovoltaic Systems Mandatory Requirements

A. Bidder shall meet the following requirements:

A. The Bidder must be either:

I. A manufacturer of the Photovoltaic Systems being bid or, II. An entity authorized by the manufacturer to sell the Photovoltaic Systems being bid.

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B. The Bidder must have maintained an organization, in continuous operation, for a minimum of three (3) years immediately preceding the bid opening date as either a manufacturer of Photovoltaic Systems or an entity authorized by a manufacturer to sell Photovoltaic Systems.

C. The Bidder must have verifiable sales of at least $100,000 of Photovoltaic Systems (see definition in Section1.11 Definition) to Government Entities or commercial entities in each of the three (3) years immediately preceding the bid opening date (See Section 2.3 Lot 1 Photovoltaic Systems Verifiable Sales). For the purposes of this requirement, Photovoltaic Systems does not include the cost of installation.

2.2 Lot 2 Installation Services Mandatory Requirements

Bidder shall meet the following requirements:

I. The Bidder must bid on and be awarded Lot 1 Photovoltaic Systems for the region being bid on in Lot 2.

II. If the Bidder is not a manufacturer of the Photovoltaic Systems being bid for Lot 1, then the Bidder must be authorized by the manufacturer to install the Photovoltaic Systems being bid for Lot 1.

III. The Bidder must list five (5) PV projects that Bidder, either directly, or as prime contractor using subcontractors under Bidder’s direct control, completed for government and/or commercial (not residential) entities. All 5 PV projects must have been completed within the five years preceding the date of the Bid opening. For each project, Bidder, using Attachment 10, must list the name of the project, the size of the PV system in kW DC, the year the installation of the PV system was completed, the date the system was made operational, the name and address of the subcontractor(s) used for Installation Services (if applicable), the customer name, customer contact name, customer’s phone number and e-mail address. These references will be evaluated in accordance with Section 5.2.2 Reference Check, Lot 2 Installation Services.

a. At least one (1) reference (of the five required) shall meet the following minimum size requirement based on largest sized item for which Bidder is bidding:

Item 1: 0 to 100 kW systems – 50 kW, minimum Item 2: 101 to 500 kW systems– 250 kW, minimum Item 3: >500 kW systems – 500 kW, minimum

b. In addition, at least one of the PV Projects must have been completed and made operational three or more years prior to the Bid opening date of this Solicitation.

2.3 Lot 1 Photovoltaic Systems Verifiable Sales

To demonstrate that the Bidder meets the verifiable sales requirement for Lot 1, Bidder shall utilize Attachment 11 – ‘Verifiable Sales’, which summarizes the Government Entity or commercial entity, invoice date, invoice number, and invoice total and shall provide copies of the invoices listed in the attachment for verification purposes.

In order to meet the verifiable sales requirements for Lot 1, the invoices must be in the Bidder's name. However, if a Manufacturer has no verifiable sales to any Government Entity or commercial entity, but sells its products only through Resellers to Government Entity or commercial entities, then that Manufacturer may use those Reseller invoices to demonstrate verifiable sales. In Attachment 11 – ‘Verifiable Sales’ the Manufacturer will attest they have no direct Government Entity or commercial sales and sell through Resellers to Government Entities or commercial entities.

Invoices from a Manufacturer’s authorized Resellers will be accepted only if the Manufacturer is identified on the invoice. The Manufacturer’s name must be printed on the invoice.

Bidder is to utilize the individual tabs in the attachment (Invoice List Year 1, Year 2 & Year 3) to document invoices for each of the three years immediately preceding the bid opening date.

The Bidder is required to submit only the minimum number of invoices needed to meet requirements for each year of the three years.

Each invoice must contain or be accompanied by the following information:

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1. Bidder or Reseller name

2. Manufacturer of the Photovoltaic System

3. Government Entity or commercial entity purchaser

4. Product name

5. Product description(s)

6. Product price

7. Invoice date

8. Invoice number

9. Invoice total

Failure to provide this information may result in a request for clarification and may delay review of Bidder’s Submission and possibly result in a non-responsive finding.

Where the invoice references a bundled item that includes one or more qualifying items, Bidder must submit a detailed breakdown of the amounts attributable to each item within the bundle. Where the invoice references items other than Photovoltaic Systems (for example, installation costs), please identify the Photovoltaic Systems. Please see Section 1.3 Definitions for the definition of Photovoltaic Systems.

Bidders who hold other contracts with OGS may provide contract sales reports in lieu of invoices. OGS reserves the right to request invoices if OGS determines that the contract sales reports are insufficient. Sales reports are to be provided in searchable PDF. Only sales made during the three (3) years immediately preceding the bid opening date will be evaluated.

Completion and submission of Attachment 11 – ‘Verifiable Sales’ is required even if submitting sales reports in lieu of invoices.

Attachment 11 – ‘Verifiable Sales’ must be signed by a person authorized to bind the Bidder who must attest that:

1. Sales meet the minimum requirements;

2. Sales were to Government Entities or commercial entities;

3. All qualifying invoice totals have been paid; and

4. Any detailed breakdown submitted with an invoice containing a bundled item is accurate.

All required information contained in verifiable sales documentation should be free of restrictions on confidentiality or claims of confidentiality. OGS will not enter into a Non-Disclosure Agreement (NDA) for Bidders who assert that information contained in their verifiable sales documentation is confidential.

OGS in its sole discretion, may request additional information regarding Attachment 11 – ‘Verifiable Sales’, including any information contained on the invoice tabs, submitted invoices and/or sales reports.

3.1 Lot 1 - Product

The Products offered shall meet or exceed the following minimum requirements. For Products offered under the ‘Packaged Photovoltaic Systems’ and ‘Miscellaneous Solar Products’ categories, the individual components of the system or Product shall meet or exceed the applicable minimum requirements listed below. The Bidder shall provide specification sheets with their proposal demonstrating that all products meet the specifications contained in this section with the exception of packaged Photovoltaic Systems. OGS reserves the right to request additional information regarding any product bid and to remove products from the price list for which the specification requirements cannot be verified.

At time of Mini-Bid the bidder will provide specification sheets for all components that make up packaged Photovoltaic Systems. Authorized Users must review the specifications for Photovoltaic Systems submitted in response to the Mini-Bid to ensure they meet the requirements in the Specifications section of the executed centralized contract. All power generation and transmission equipment shall be either UL (Underwriters Laboratories) or ETL (Intertek Testing Services) or CSA/US (Canadian Standards Association listed for use in the United States) listed for its designed use and shall have a minimum Product warranty of 10 years unless otherwise noted in this section.

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The Products offered shall meet or exceed the following minimum requirements. For Products offered under the ‘Packaged Photovoltaic Systems’ and ‘Miscellaneous Solar Products’ categories, the individual components of the system or Product shall meet or exceed the applicable minimum requirements listed below.

The Bidder shall provide specification sheets with their proposal demonstrating that all products meet the specifications contained in this section.

OGS reserves the right to request additional information regarding any product bid and to remove products from the price list for which the specification requirements cannot be verified.

All power generation and transmission equipment shall be either UL (Underwriters Laboratories) or ETL (Intertek Testing Services) or CSA/US (Canadian Standards Association listed for use in the United States) listed for its designed use and shall have a minimum Product warranty of 10 years unless otherwise noted in this section.

Fasteners and other connecting hardware shall be either stainless steel or a material of equivalent corrosion resistance.

Racking components shall be either anodized aluminum, hot-dipped galvanized steel or a material of equivalent corrosion resistance.

3.1.1 Packaging

In accordance with Environmental Conservation Law section 37-0205, packaging shall not contain inks, dyes, pigments, adhesives, stabilizers, or any other additives to which any lead, cadmium, mercury or hexavalent chromium exceed the following concentration level: 100 parts per million by weight (0.01%).

The Bidder is encouraged to adopt the following:

A. The use of bulk packaging B. The use of reusable packaging C. The use of innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the Product D. That all packaging remains the property of the supplier and not become the property of the affected state entity under any circumstance or condition. In situations where packaging take back is sought, the vendor shall certify that the packaging material will be reused, recycled, or composted, and managed in compliance with applicable local, state, and federal laws

E. Packaging that maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines

F. Packaging that is recyclable or compostable

3.1.2 Solar Modules (Solar Panels)

A. Solar Modules shall:

I. Have a minimum commercial efficiency rating of 16%;

II. Be free of intentionally added cadmium and lead;

III. Have a minimum power performance warranty of 90% for the first 10 years and 80% for 25 years;

IV. Have a minimum 20-year product warranty covering defects in materials and workmanship including at a minimum discoloration/clouding of glass, overall operability of panel, operability of connector plugs and cables and delamination of layers.

B. Solar Modules shall meet the following International Electrotechnical Commission (IEC) standards:

V. I EC 61215, Terrestrial Photovoltaic Modules – Design qualification and type approval VI. I EC 61646, Thin Film Terrestrial Photovoltaic Modules – Design Qualification and Type

Approval VII. IEC 61730, Photovoltaic Module Safety Qualification VIII. IEC 60364-4-41, Low-voltage Electrical Installations – Part 4-41: Protection for Safety –

Protection Against Shock IX. IEC 61853, Photovoltaic Module Performance Testing and Energy Rating X. IEC 62804, Photovoltaic Modules – Test Methods for the Detection of Potential-Induced

Degradation C. Solar modules shall meet the following Underwriters Laboratory (UL) standard:

I. UL 1703, Standard for Flat Plate Photovoltaic Modules and Panels

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3.1.3 Inverters

A. Inverters shall:

I. Have a minimum efficiency rating of 90% at all ratios of input power to rated capacity;

II. Have a minimum 15-year warranty;

B. Inverters shall meet, at a minimum, the following International Electrotechnical Commission (IEC) standards:

I. IEC 61000-6-1, Electromagnetic Compatibility (EMC) – Part 6-1: Generic Standards – Immunity Standard for Residential, Commercial and Light-Industrial Environments

II. IIEC 61000-6-3, Electromagnetic Compatibility (EMC) – Part 6-3: Generic Standards – Emissions Standard for Residential, Commercial and Light-Industrial Environments

III. IEC 61683, Photovoltaic Systems – Power Conditioners – Procedure for Measuring Efficiency

IV. IEC 61721, Susceptibility of a Photovoltaic Module to Accidental Impact Damage (Resistance to Impact Test)

V. IEC 62109, Safety of Power Converters for use in Photovoltaic Power Systems VI. IEC 62116, Utility-Interconnected photovoltaic inverters – Test Procedure of Islanding

Prevention Measures Inverters shall meet the following European Norm standards:

VII. EN 55022, Information technology equipment - Radio disturbance characteristics - Limits and methods of measurement

VIII. EN 50178, Electronic Equipment for Use in Power Installations

3.1.5 Charge Controllers

Charge controllers shall utilize Maximum Power Point Tracking (MPTT) technology.

3.2 Lot 2 – Installation Services

The Bidder shall provide all qualified personnel, materials and equipment necessary to complete the installation in accordance with all local, state and federal laws. All Installation Services must be related to and ordered in conjunction with Products offered under the Bidder’s award for Lot 1 – Products. Installation Services shall not be performed for Products not purchased through this Solicitation or offered by another Contractor’s Lot 1 award.

All design and installation services shall be performed by staff who are working under the direct supervision of an employee who is certified as a ‘PV Installation Professional’ by the North American Board of Certified Energy Practitioners (NABCEP). All installation services shall be performed by companies who appear on the New York State Energy Research and Development Authority’s (NYSERDA) list of Commercial/Industrial Solar Electric Installers located at: https://www.nyserda.ny.gov/All-Programs/Programs/NY-Sun/Customers/Guide-to- Evaluate-and-Install-Solar/Commercial-Installer. All electrical work shall be performed in accordance with the jurisdiction’s laws, codes and standards where the work is being performed.

Installation Services shall include a workmanship warranty covering defects or damages arising from the design or installation of the PV system for a period of 5 years, minimum.

The Not to Exceed Labor Markup Rate shall include all costs associated with Installation Services including but not limited to the preparation of responses to Mini-Bids, design work, system construction, ancillary construction costs, system commissioning and administrative work, and no additional compensation will be allowed in addition to the Labor Markup Rate bid or for the preparation of Mini-Bid responses which are not awarded.

The following work shall be included as part of Installation Services:

• Preparation of Responses to Mini-Bids - The Bidder is responsible for the development of proposals in response to Mini-Bid Requests for Proposals. This work may include but is not limited to participation in preliminary site visits, the performance of a site evaluation, the completion of a shading analysis, the preparation of preliminary designs for Photovoltaic Systems, the development of an energy production estimate, a structural evaluation of the existing structure(s) that the system will be mounted onto and the completion of the Mini-Bid proposal.

• Design Work - The Bidder is responsible for design and procurement work done in response to an https://www.nyserda.ny.gov/All-Programs/Programs/NY-Sun/Customers/Guide-to-Evaluate-and-Install-Solar/Commercial-Installer https://www.nyserda.ny.gov/All-Programs/Programs/NY-Sun/Customers/Guide-to-Evaluate-and-Install-Solar/Commercial-Installer

GROUP 05302 – PHOTOVOLTAIC SYSTEMS AND INSTALLATION SERVICES (STATEWIDE) PAGE 19

awarded Mini-Bid which may include but is not limited to the final design of the Photovoltaic System, the preparation of drawings, the preparation of specifications, the selection of components and…