25-00293-AMUD-Addenda-No.1-3-4-26.pdf

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Attached to
Expression of Interest – AEC Aggregator Broker
Solicitation number
25-00293-AMUD
Issued by
Philadelphia County, Pennsylvania

About this file

This is Addendum No. 1 to Request for Proposal No. 25-00293-AMUD issued by the Southeastern Pennsylvania Transportation Authority (SEPTA) for Alternative Energy Credit Aggregator/Broker services, dated March 4, 2025. The RFP seeks a contractor to aggregate and sell Alternative Energy Credits (AECs) generated by SEPTA's 8.8MW Combined Heat and Power (CHP) facility in Nicetown, Philadelphia, with potential expansion to future energy efficiency projects that may qualify for Tier II credits. The proposal due date remains unchanged at Friday, March 13, 2026, at 4:30 PM EST, with proposals to be submitted to Matthew Dooner, Manager - Asset Recovery Program, at SEPTA's offices at 1234 Market Street, 11th Floor, Philadelphia, PA. Key contractor responsibilities include registering SEPTA's PJM GATS account on behalf of the Authority, as SEPTA has received state certification for the CHP facility but has not yet registered with PJM GATS or begun trading AECs. The contract evaluation and award is anticipated for presentation to SEPTA's Board in May or June 2025, with work to commence immediately thereafter.

The addendum provides clarifications through 31 questions and answers, addressing insurance requirements, payment terms, liability provisions, and operational details. Notable modifications include removal of Professional Liability/Errors and Omissions insurance requirements, acceptance of monthly invoicing from the contractor (subject to SEPTA verification), and removal of all Affirmative Action Plan requirements. SEPTA has clarified that 100% of the CHP's output is eligible for AECs and that the facility may experience temporary shutdowns due to planned and unforeseeable maintenance needs, which caused reduced production in 2025. The Authority will not accept caps on contractor liability and will not remove termination for convenience and cause provisions. SEPTA confirmed it self-manages its generation assets and does not anticipate needing contractor assistance beyond interfacing with PJM, PennAEPS, and AEC trading counterparties. Contractors proposing to include their own offers to purchase AECs may be evaluated as limited in their fiduciary capacity where compensation is tied to performance rather than direct sale.

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Addendum No. 1, March 4, 2026. Page 1 of 6 SEPTA RFP 25-00293-AMUD

March 4, 2025

Dear Proposers:

Attached is Addendum No. 1 to SEPTA's Request for Proposal No. 25-00293-AMUD Alternative Energy Credit Aggregator/Broker.

The proposal due date and time remains unchanged at: Friday, March 13, 2026, at 4:30 PM EST. All proposals must be delivered to my attention by the closing date and time to be considered for the award. The proposals must be sent to:

Southeastern Pennsylvania Transportation Authority Attn: Matthew Dooner Manager – Asset Recovery Program Procurement & Supply Chain Management 1234 Market Street, 11th Floor

Philadelphia, PA 19107-3780

Please include "Alternative Energy Credit Aggregator/Broker" on the package.

Any inquiries regarding this proposal must be directed to Matthew Dooner of the Procurement and Supply Chain Management Department at (215) 580-7156 or mdooner@septa.org.

Thank you for your interest in the Authority.

Sincerely, Matthew Dooner

Matthew Dooner Manager – Asset Recovery Program Procurement & Supply Chain Management

Addendum No. 1, March 4, 2026. Page 2 of 6 SEPTA RFP 25-00293-AMUD

March 3, 2026

ADDENDUM NO. 1

ADDENDUM ACKNOWLEDGEMENT FORM

Addendum No. 1 to SEPTA's Request for Proposal No. 25-00293-AMUD – Alternative Energy Credit Aggregator/Broker.

This addendum to the Contract Documents is hereby part of the same and is incorporated in full as part of the Project. The proposer shall acknowledge Addendum No. 1 by completing and returning this Addendum Acknowledgement form with the Technical Proposal.

FIRM NAME (typed or printed): ___________________________________________

AUTHORIZED SIGNATURE: ____________________________________________

TITLE: _______________________________________________________________

NAME (typed or printed): ________________________________________________

DATE: _______________________________________________________________

Addendum No. 1 includes:

1. The proposal due date and time remains unchanged for Friday, March 13, 2026, at 4:30PM.

2. All questions and responses below

Addendum No. 1, March 4, 2026. Page 3 of 6 SEPTA RFP 25-00293-AMUD

QUESTIONS ANSWERS

1 Because the Tier II AEC aggregation services are distinct from the types of technical services listed above, Will the Professional Liability / Errors and Omissions insurance will be required for this engagement.

SEPTA will accept the removal of Error and Omissions Liability. This requirement has been removed from Section 24.G. of the Contract.

2 Will SEPTA include future energy sites that produce AEC into this contract?

Yes. All SEPTA produced AEC's will be included in this contract.

3 Is CHP already registers to pjsgats? In process for enrollment?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

4 Is SEPTA already trading aec's? No 5 Can you please explain the reason that CHP production was greatly reduced in 2025?

Are there output projections available for 2026 based on the CHP’s current operations?

Maintenance. The CHP may be temporarily shut down and/or its operational abilities limited as part of both planned and unforeseeable maintenance and mechanical needs. In all instances SEPTA takes all reasonable and available opportunities to restore operations and quickly and safely as possible.

6 Would it be possible for you to provide documentation from PJM GATS regarding the existing energy resources owned by SEPTA. The most helpful information would be a list of all Unit ID (NON) Numbers for the energy resources included in your portfolio

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

7 Provide a list of assets that can possibly be eligible for AECs. Is it only the 8.8MW CHP facility in Nicetown, Philadelphia, PA?

Currently it is only the CHP. Reference Q2 for future potential sites

8 During the pre-proposal meeting, SEPTA indicated that the CHP facility is currently being registered. Could you please confirm the current status and anticipated completion timeline for PennAEPS registration?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

9 Does SEPTA intend to establish and maintain its own PJM-GATS account for the CHP facility, with the selected Aggregator/Broker granted transfer authority? Alternatively, is SEPTA expecting the selected Aggregator/Broker to manage registration and account setup?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

10 In addition to the CHP facility, are there any other facilities or technologies anticipated to be included in the portfolio during the contract term? If so, we request the facility type(s) and/or applicable REC/AEC classification.

SEPTA has several energy efficiency projects that may qualify for Tier II credits. Task 3 of the RFP Scope outlines contractor's role in supporting the enrollment of potentially qualifying projects.

Addendum No. 1, March 4, 2026. Page 4 of 6 SEPTA RFP 25-00293-AMUD

11 While historical CHP generation data was shared during the pre-proposal meeting, could SEPTA provide this information in electronic format to assist proposers with revenue modeling?

The CHP generation data is included in the scope of work.

No other electronic format exists.

12 What is the anticipated timeline for evaluation and award following proposal submission? Additionally, does SEPTA anticipate any constraints related to the timely brokerage of aging or expiring AECs?

SEPTA's intention is to present this to either our May or June Board for resolution and for work to commence immediately following.

13 Are there any insurance or indemnification requirements beyond those outlined in the RFP documents that proposers should consider?

There are no requirements beyond those terms of the RFP.

14 Reference section 9 (method of payment).

Would SEPTA be amenable to monthly Contractor-prepared invoices and, in months where Contractor is in a payable position to SEPTA due to AEC transactions, monthly payments to SEPTA in lieu of quarterly SEPTA-prepared invoices and payments?

SEPTA will accept a Monthly Statement from Contractor but they must be verified by SEPTA prior to receipt of payment.

15 Reference section 21, and in light of the amount of work necessary to set up SEPTA’s resource(s), and the protections SEPTA has in section 22, would SEPTA be willing to strike this section?

No, Termination for Convenience and Cause will not be removed.

16 In the case of the contract’s termination between Contractor and SEPTA, what does SEPTA imagine happens to any existing AEC transactions by or between the parties?

Any Termination would comply with the terms listed in the RFP documents.

17 Reference sections 8, 19, and 23, would SEPTA be able to accept a Pricing Proposal from a prospective Contractor which caps the Contractor’s total cumulative liability for all claims, including indemnities, to SEPTA to some commercially reasonable sum, such as the Contractor’s fees earned from the contract over some set period?

No, SEPTA will not accept any cap on liability.

Addendum No. 1, March 4, 2026. Page 5 of 6 SEPTA RFP 25-00293-AMUD

18 Reference section 24; what is SEPTA’s reasoning for requiring professional liability/errors and omissions insurance and fidelity/crime liability insurance? What risk is SEPTA seeking to mitigate by requiring such Contractor insurance policies? Would SEPTA accept a Pricing Proposal which adequately mitigates these risks without, for instance, a specific crime liability policy?

Can SEPTA please detail the registration status with PJM and PJM GATS?

SEPTA will accept the removal of Error and Omissions Liability. This requirement has been removed from Section 24.G. of the Contract. Fidelity/Crime Liability will remain as is.

19 Reference section 24(a) and (c), will SEPTA accept certificates of insurance alone as opposed to certificates of insurance and the declarations page? Will SEPTA agree to be included as an additional insured on all Contractor’s applicable liability policies applicable to its ordinary REC trading and marketing activities rather than being listed as an additional insured?

Yes, SEPTA will accept COI’s and copies of applicable endorsements as opposed to Declaration pages and full policies. Yes, SEPTA will accept a blanket additional insured provisions as opposed to SEPTA being explicitly named as additional insured by endorsement.

20 Reference section 24(f), will SEPTA consent to removing this language altogether?

No, this language must remain as-is, it doesn't mean the contractor can't have an SIR greater than $50,000.

It means that the contractor will need to disclose to SEPTA if they do have an SIR greater than $50,000 for a required coverage and what that SIR amount is.

21 Reference Section 24(g), will SEPTA consent to Contractor maintaining at its own cost and expense the required GL and WC policy limits via any combination of primary and excess liability policies?

Yes, SEPTA will accept any combination of primary and umbrella/excess limits to satisfy the total combined per occurrence or each claim required limits.

22 Can SEPTA provide a list of all current generation/energy efficiency projects which may be included within the scope of this

RFP?

SEPTA has several energy efficiency projects that may qualify for Tier II credits. Task 3 of the RFP Scope outlines contractor's role in supporting the enrollment of potentially qualifying projects.

23 Who, if anyone, is SEPTA’s asset manager for its generation assets?

SEPTA self manages its generation assets.

24 With respect to the CHP plant, what information if any SEPTA received from PennAEPS/InClime regarding the facility’s eligibility to generate AECs? Can you share any registration/qualification information SEPTA has regarding the CHP plant’s PennAEPS registration?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

25 What percentage of the CHP’s output is eligible to receive AECs?

SEPTA's understanding is that 100% of the CHP's output is eligible to receive AECs.

Addendum No. 1, March 4, 2026. Page 6 of 6 SEPTA RFP 25-00293-AMUD

26 Can SEPTA please detail the CHP’s registration status with PJM GATS?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and SEPTA has received a state certification number. As noted in Task 3.2, SEPTA’s expectation is that selected contractor will register the PJM GATS account on SEPTA’s behalf.

27 Reference task 2.2, would SEPTA be interested in Pricing Proposals which offer services in addition to marketing and selling AECs, such as optimizing the plant’s or greater portfolio’s energy/AEC production to maximize revenue?

Bidders may include ancillary services in their proposals while understanding that SEPTA's scope of work and evaluation criteria call for a broker to aggregate and sell AEC's.

28 Reference task 3.3; beyond interfacing with PJM, PennAEPS, and potential AEC trading counterparties, does SEPTA have additional ongoing regulatory compliance obligations which will require Contractor’s assistance

SEPTA does not anticipate needing contractor assistance with regulatory compliance obligations beyond interfacing with PJM, PennAEPS, and AEC trading counterparties.

29 Reference task 4, and section 14 of the form of contract, would SEPTA be amenable to a Pricing Proposal which permits the Contractor to market AECs by seeking multiple offers to purchase AECs from the market, which might, but does not necessarily, include Contractor’s own offer to purchase AECs? In such a scenario, Contractor anticipates executing the AEC transaction most advantageous to SEPTA, as instructed by SEPTA.

Bidders who plan to include their own offers to purchase AECs may be evaluated as limited in their ability to act as a fiduciary on SEPTA's behalf where compensation is tied to performance instead of direct sale.

30 For the forecast required in the Pricing Proposal, the forecast provided by Contractor will be subject to stated assumptions regarding the facility’s historical CHP output and its eligibility for Tier II AECs. Are such qualifications acceptable?

SEPTA's application for certification of CHP in the PA AEPS program has been approved and is eligible for Tier II AECs.

Forecasts should reflect historical CHP output levels.

Forecast should state all assumptions and formulas used to calculate net revenue.

31 Contractor currently does not have the Affirmative Action Plan described in Attachment 11, is not required to maintain such a plan by applicable law, and is not planning on implementing a plan which would comport with Attachment 11. Subject to this qualification, Contractor maintains compliance with all state and federal applicable non-discrimination laws, including those related to employment and contracting. Would such a statement be acceptable to SEPTA in lieu of Attachment 11, assuming a Pricing Proposal is otherwise competitive?

Affirmative Action is no longer a requirement. All references to Affirmative Action has been removed.

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