ATTACHMENT B NEVI QA 20240328.pdf

KY EV CHARGING PROGRAM RFP #2

ADDENDUM NO. 1

RESPONSES TO PROPOSER QUESTIONS

MARCH 28, 2024

This Addendum No. 1 consists of responses to ques�ons received pursuant to the Request for Proposal (RFP) #2 for Kentucky’s Electric Vehicle Charging Program dated as of February 19, 2024. The text of the RFP will be amended, as referenced in responses to individual ques�ons set for the below, in an upcoming Addendum to the RFP.

1. Would the infrastructure primarily be intended for Light-Duty vehicles, or would the infrastructure be available to Medium- and Heavy-Duty vehicles as well?

Per Sec�on 1, the purpose of this RFP is to solicit Proposals to "design, build, operate, and maintain Direct Current Fast Charging (DCFC) Electric Vehicle Supply Equipment Sta�ons (EVSE Sta�ons)." Further, each sta�on must include at least four (4) ports, each of which can charge at a minimum of 150 kW simultaneously with the other ports (600 kW total). Each port shall be capable of charging vehicles equipped with charge ports compliant with the SAE J1772 CCS charging standard as well as charging vehicles equipped with charge ports compliant with the North American Charging Standard (NACS). See Sec�on 3.5.2 of the RFP, and 23 CFR 680 for EVSE requirements.

These EVSE Sta�ons are primarily intended for cars and light trucks. Medium-duty vehicles equipped with SAE J1772 CCS or NACS charge ports could also charge at these sta�ons. In the evalua�on process, Proposals with one or more “pull-through” charging loca�ons will be given a higher ra�ng, as KYTC values the flexibility of sta�ons that can accommodate charging of vehicles pulling a trailer, as well as medium- duty delivery vehicles. However, these sta�ons will not be designed to accommodate tractor-trailers and other large trucks which require more space for parking and higher power levels.

Electrifica�on intended specifically for these heavy-duty vehicles is currently being considered by FHWA and KYTC will consider how to address this need when guidance is available.

2. Is the NEVI requirement for four ports or four chargers?

There is no requirement on the number of chargers, since a charger may have one or more ports (see 23 CFR 680.104 for the defini�ons of port and charger). The NEVI requirement is to provide at least four ports per sta�on, with each port capable of providing 150 kW charge rate simultaneously and con�nuously. These requirements are included in Sec�on 3.5.1 of the RFP.

3. The Supplements to NEVI Requirements sec�on states that 'EVSE shall be capable of opera�ng at full power over an ambient temperature range of -10 to 120 Fahrenheit'. Would you consider 400kW EVSE with an opera�ng range of -22 to 122 Fahrenheit, that experiences some dera�ng over 111 degrees?

Yes, as long as the dera�ng does not reduce the power per port below 150 kW.

4. Will KY require the NEVI requirement that EV charging infrastructure has the ability to provide DC output voltages within the en�re range of 250-920volts (VCD)?

No, per updated federal guidance issued in March 2024 (see htps://www.�wa.dot.gov/environment/nevi/resources/nevi_program_faqs.cfm). The updated federal guidance states: 23 CFR 680.106(d)(1) specifies the voltage range requirement for DCFCs. It states that "DCFC charging ports must support output voltages between 250 volts DC and 920 volts DC." A DCFC charger that supports any voltage outputs within the specified range is eligible to receive funding for projects subject to 23 CFR part 680, as long as it also meets the power requirement addi�onally specified in 23 CFR 680.106(d)(1) (that DCFCs must "supply power according to an EV's power delivery request up to 150 kW, simultaneously from each charging port at a charging sta�on").

5. In the BESS requirements and associated table on Pages 16-17 of the RFP, we wanted to confirm that BESS capacity is being measured in terms of kWh (energy) and not being measured in terms of kW (power).

Yes, the minimum required BESS capacity for each increment of u�lity power is denoted in terms of available energy (kWh). The BESS – in combina�on with u�lity power - must also be capable of mee�ng NEVI requirements for minimum charging power, which is 600 kW (four ports at 150 kW each simultaneously).

6. Regarding the BESS requirements, we understand that a BESS can only be used if the u�lity feed is less than 150kW/port and is in accordance with Table 3. So, if a Designated Zone (i.e. CBE) has a 29% projected u�liza�on rate and requires a minimum grid capacity of 50kW/port (per Table 3), that means a BESS with 748kW capacity could be installed. However, if the u�lity is able to do upgrades and provide a feed of 150kW/port, can a BESS with a smaller capacity s�ll be used and be an eligible cost in order to minimize demand charges?

A BESS that is used for a purpose other than providing primary power (e.g., peak-shaving or backup) may be any size and this is an eligible expense. In your example, a smaller batery would be allowed as an eligible expense if the u�lity feed provides the full 150 kW per port. There are only requirements on the size of a BESS when it is used to supplement a u�lity feed that is less than 150 kW per port.

7. Using Designated Zone CBE again as an example, if a Candidate Site in CBE only has a u�lity feed of 50kW/port and a 748kW BESS (in accordance with Table 3) will be used, does that mean we could list 200kW under "Connected Load" in the U�lity Interconnec�on Request Form (Atachment 2)?

Yes, the requested load from the u�lity can be reduced below 150 kW per port as long as it does not go below the minimum requirement provided in table 3.

8. Are BESS installa�ons for peak shaving eligible to use NEVI funding?

A BESS that is intended to be used to reduce monthly demand charges (peak shaving) could be installed at any Site and the cost of the BESS would be considered as an eligible project cost. In this situa�on, up to 80% of the cost could be reimbursed using NEVI funds.

https://www.fhwa.dot.gov/environment/nevi/resources/nevi_program_faqs.cfm

9. To confirm, BESS is an eligible cost for all loca�ons, not just the three iden�fied zones?

A BESS that is intended to be used to reduce monthly demand charges (peak shaving) can be installed at any Site, and the cost of the BESS would be considered an eligible project cost. In this situa�on, up to 80% of the cost could be reimbursed using NEVI funds. A BESS intended to reduce the size of the required u�lity connec�on - to below 150 kW/port - could only be used at a subset of Sites and are subject to minimum size requirement for both the BESS and u�lity connec�on – see Sec�on 3.5.2 of the RFP. For these Sites the cost of a BESS that meets the minimum requirements are also eligible for up to 80% reimbursement using NEVI funds.

10. Can I use NEVI to fund Solar Energy to power the charging sta�on?

The cost of solar equipment is eligible for reimbursement using NEVI funds, but only if the output from the solar array is 100% dedicated toward charging vehicles via the NEVI-funded charging equipment.

Solar systems that will provide some or all of the power they produce to other uses – including to the electric grid – are not eligible project costs that can be reimbursed with NEVI funds.

11. How would solar carports be evaluated?

The cost of solar equipment is an eligible project cost, which can be reimbursed up to 80% with NEVI funds, but only if the output from the solar array is 100% dedicated toward charging vehicles via the NEVI-funded charging equipment. A solar carport that meets this requirement would therefore be an eligible project expense. Note that Proposals that include overhead shelters or canopies over charging loca�ons will be considered to provide added convenience and safety for users and therefore will receive points under the “Site Characteris�cs” scoring category. Addi�onal points could also be available to the extent these facili�es are installed using local labor. As set forth in an answer to a ques�on submited in connec�on with RFP #1, the cost of canopies will be considered an eligible project expense, which can be reimbursed up to 80% with NEVI funds.

12. What kind of $/KWh pricing is typical for NEVI-funded EVSEs? How does it compare to what Tesla charges at their sites?

There are no NEVI-funded charging sta�ons open yet in Kentucky. Based on projects already awarded, KYTC an�cipates that customer pricing ($/kWh) for charging at NEVI-funded sta�ons will be similar to pricing at other public charging sta�ons, including those operated by Tesla. Developers will need to post customer pricing at each sta�on in accordance with NEVI requirements (see Sec�on 3.5.1). As there are no par�cular NEVI requirements regarding pricing, Developers are responsible for se�ng prices at their charging sta�ons and KYTC will not be responsible for customer pricing policies at NEVI sta�ons.

13. Are there separate funds for ini�al purchase/installa�on and ongoing maintenance reimbursement?

The funds for capital expenditures and opera�onal expenditures are from the same source of funds, but please see RFP Sec�on 4 for more detail on eligibility and reimbursement of these types of expenses.

14. Does the site host apply for the funding and have to indicate the selected hardware, network provider etc.?

Proposals can be submited directly by the Site Host, or Proposals can be submited by a separate en�ty that enters into an agreement with the Site Host to allow the Proposer to use the Site Host's property for the design, construc�on, opera�on, and maintenance of the EVSE sta�on. Whether a Site Host or another en�ty, the Proposer is responsible for providing all relevant informa�on responsive to the RFP.

15. Can a single site owner apply with mul�ple charger companies for the same site? Once awarded, can the owner select which one to go forward with?

No. A Proposal must provide detailed informa�on about the team that will implement the project. A Site Host can serve as Developer and lead a team that has many firms suppor�ng them. However, it must be clear to KYTC what each firm is responsible for implemen�ng. It is important to note that a Site Host is allowed to provide a leter to mul�ple Proposers, that is they can be part of mul�ple other Proposals that they are not leading. KYTC will evaluate the Proposals and decide which, if any, of the Proposals to award.

16. For liquidated damages, is there a cap/limit for liquid damages annually?

Please see RFP Sec�on 4.4 for details on liquidated damages, which states total annual LDs shall be capped at no greater than 20% of the total of the maximum annual OpEx reimbursements plus CapEx reimbursements withheld.

17. If the opera�onal period costs are incurred upfront, could the 20% withheld be provided upfront?

No, reimbursements for eligible costs treated as Capital Expenditures (CapEx), including Opera�onal Expenditure (OpEx) paid upfront, will be subject to the 20% withholding as detailed in RFP Sec�on 4.1.

18. We understand that IRR calcula�on should be calculated based upon the historical amounts in our accoun�ng books and records of the company. Is that correct?

Yes, per Tasks 1.6, 2.10, 3.8, 4.5, and 6.0 of the Scope of Work, Developer must provide all requested suppor�ng documenta�on, including, but not limited to: 1) invoices and proof of payment for reimbursement of costs already paid; 2) of actual costs incurred; 3) total costs and revenue for en�re project (to verify cost share and true-up IRR requirements).

19. 6.4 Cost proposal evalua�on - Table 7. It states, "the lowest subsidy request will get the full 600 points and the rest will get points in propor�on to the lowest based on the calcula�on given". Are those points shared amongst proposers or based on each proposal?

Each Proposal is awarded points independently based on the cost. The number of points awarded is propor�onal to the cost of the Proposal compared to the lowest cost Proposal within the same Designated Zone, with the lowest cost Proposal receiving the full 600 points.

20. The KY Request for Proposal #2 under Paragraph 3.5.1 addresses NEVI Requirements. It reads the requirements “include at least four (4) DCFC ports of each site.” Does this imply 4 DCFC ports only or a minimum of 4? We are working with a site owner at a loca�on where the volume of EV traffic is higher than normal. Can a site owner or developer apply for 6 DCFC ports under special circumstances they believe in doing so is warranted and in the best interests of the state?

Proposers may propose installing more than the NEVI minimum required four (4) charge ports at charging sta�ons, but the equipment purchase and installa�on costs for only four (4) ports are eligible to be included in the Proposer’s Cost Proposal (Subsidy Requested). If more than four ports are proposed, the full cost of u�lity interconnec�on can be included in the Cost Proposal (as a Project cost), and the Proposal will be given addi�onal points in the evalua�on process for including a future-proofing concept.

Please refer to Sec�on 4.3.1 Eligible Expenses.

21. Can you please expand on what is meant by "some por�on" of the monthly demand charge?

“Some por�on” refers to any amount requested as long as it doesn’t exceed the 80% limit for eligible reimbursements. See Atachment 10 for a detailed breakdown of eligible costs.

22. Is there a 20% private match requirement, or some DOT max/target amount that can be reimbursed?

Proposers must provide funding for at least 20% of the en�re cost related to a Site. Proposers can use alterna�ve funding sources to complement NEVI Formula Program funds, as long as the minimum 20% non-Federal match is met for a given Project.

23. Technical proposal, page 26, under sec�on 1.3 "Approach to O&M" it states relevant requirements provided in Sec�on 33. Please clarify where this sec�on is found or clarify what is in the sec�on?

The correct reference is Sec�on 3, not Sec�on 33. This will be corrected in an Addendum to the RFP.

24. What about fiber connec�ons to the EV Sta�ons? How will they be connected?

The selected Developer for each sta�on is responsible for that sta�on mee�ng the opera�onal requirements of the NEVI Program. Therefore, the Developers will be responsible for determining and implemen�ng how their sta�ons are connected with regards to communica�on technology and equipment.

25. I see that if a proposed site is beyond 1 mile from a designated exit, it will not receive evalua�on points. Is it en�rely ineligible from RPP 2?

Correct. Per FHWA NEVI requirements, EVSE Sta�ons must be located within a maximum driving distance of one mile from the AFC. As such, any EVSE Sta�on located more than one driving mile from an AFC will not be eligible for award for this RFP #2. Further, the measurement of the distance shall begin at the AFC and conclude at the entrance of the charging sta�on. Please see Sec�on 1.3 for more informa�on.

26. Sec�on 6.1 Evalua�on process overview, page 29. What is the criteria used to determine "allowing or NOT allowing a proposer to cure missing documenta�on and/or incomplete informa�on so not to be excluded from considera�on or deemed Non-responsive"?

As part of the responsiveness review of Technical Proposals, the Director of Division of Purchases will review that a Technical Proposal contains each of the submitals required by the RFP. The Director of Division of Purchases will communicate all missing items to Proposers, as part of the responsiveness review. In certain cases, the Director of Division of Purchases may not allow a Proposer to cure missing documenta�on, for example if the Proposal demonstrates a lack of good faith effort in being prepared or is generally incomplete when submited.

27. Sec�on 5.1, page 23. May we add addi�onal documenta�on as we see needed to our proposal, or are addi�onal atachments allowed?

No, Technical Proposals shall conform with the instruc�ons provided in the RFP Sec�on 5.3. Proposers must provide all details on their approach within the sec�ons provided in the organiza�on of the Technical Proposal.

28. Sec�on 5.1, page 23. Is there a page limit for any file packages?

This RFP does not contemplate a page limit for the Administra�ve Proposal, Technical Proposal, or Cost Proposal sec�ons. The only applicable page limit is for the Cost Proposal narra�ve (1 page). Proposers are expected to generally adhere to the Proposal organiza�on in the atachments. Text boxes and forma�ng may be modified as appropriate fit requested informa�on in an easy-to-read manner.

29. Who is monitoring the Davis Bacon and EVITP requirements for each site?

KYTC with support from our consultant team.

30. Atachment 13. Will this project be subject to the State of Kentucky prevailing wage determina�ons in addi�on to Davis-Bacon wage determina�ons?

No, the Commonwealth of Kentucky no longer has state-level prevailing wage rates. The federal Davis- Bacon wage rates will apply to this project. The prevailing wage determina�on informa�on will be included in an Addendum to the RFP.

31. Atachment 13. Can the awarding body please provide us with the Kentucky state prevailing wage determina�on number for this project?

The Commonwealth of Kentucky no longer has state-level prevailing wage rates. The federal Davis-Bacon wage rates will apply to this project. The prevailing wage determina�on informa�on will be included in an Addendum to the RFP.

32. Atachment 13. Can the awarding body please verify the federal Davis-Bacon determina�on number for this project?

The prevailing wage determina�on informa�on will be included in an Addendum to the RFP.

33. What tool should Proposers use to determine if a Candidate Site is located within a Jus�ce40 disadvantaged community?

Proposers should use CEQ’s Climate & Economic Jus�ce Screening Tool (htps://screeningtool.geopla�orm.gov/en/#3/33.47/-97.5) as the primary tool to iden�fy disadvantaged communi�es. This link will also be provided in an Addendum to the RFP. Please see Sec�on 8 for more details.

34. Please confirm that, if selected, KYTC will conduct an environmental review at KYTC's expense in compliance with NEPA.

KYTC will conduct an environmental review in compliance with NEPA at its own expense. If requested by KYTC, Developers must provide addi�onal project Site informa�on to support the environmental review process which will not be compensated by KYTC. Further clarifica�on will be provided in an Addendum to the RFP.

https://screeningtool.geoplatform.gov/en/%233/33.47/-97.5