KYTC NEVI Proposal Q&A 20230728.pdf

KY EV CHARGING PROGRAM RFP

ADDENDUM NO. 4

RESPONSES TO PROPOSER QUESTIONS

JULY 28, 2023

This Addendum No. 4 consists of responses to questions received pursuant to the Request for Proposal

(RFP) for Kentucky’s Electric Vehicle Charging Program dated as of June 15, 2023, and amended through

Addendum No. 3, dated as of June 28, 2023. The text of the RFP will be amended, as referenced in responses to individual questions set for the below, in an upcoming Addendum.

1. Are applicants able to stack funding from other grants, rebates, and/or other programs with the

Kentucky NEVI funds?

Yes. Proposers can use alternative funding sources to complement NEVI Formula Program funds, as long as the minimum 20% non-Federal match is met for a given Project.

2. I noticed the requirement of a 20% minimum match of funding from the proposed, is this 20% match eligible for the use of other forms of funding?

See response to #1.

3. Do you know of any other funding opportunities that might be available in this supplementary funding?

The NEVI Formula Program is the only funding source for this RFP. As additional funding sources become available, KYTC will share all information via its mailing list (see https://kyevcharging.com/stay-informed).

Regarding other potential federal funding sources and incentives, see:

https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-financing/federal-funding-programs#:~:text=The%20Charging%20and%20Fueling%20Infrastructure,along%20designated%20Altern ative%20Fuel%20Corridors. Note that all federal funding sources cannot exceed the 80% funding limit (to complement the required 20% private funding match).

4. For the DC fast charging stations do they have to be 50%/100% American made or can they be from a different country of origin?

For information related to the Build America Buy America (BABA) requirements for electric vehicle (EV) chargers, including the current waiver in place for these requirements, please refer to the FHWA notice issued on 02/21/2023 (https://www.federalregister.gov/documents/2023/02/21/2023-03498/waiver-of-buy-america-requirements-for-electric-vehicle-chargers). Also see Buy-America related questions and answers from FWHA at https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/.

5. How long will the project developer need to own the charging stations under this RFP? Is it 5 years?

Per the NEVI final rule and the RFP requirements, chargers are to be maintained by Developers in compliance with the NEVI rules and requirements for a period of 5 years after EVSE Final Completion. As https://kyevcharging.com/stay-informed https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-financing/federal-funding-programs#:~:text=The%20Charging%20and%20Fueling%20Infrastructure,along%20designated%20Alternative%20Fuel%20Corridors https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-financing/federal-funding-programs#:~:text=The%20Charging%20and%20Fueling%20Infrastructure,along%20designated%20Alternative%20Fuel%20Corridors https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-financing/federal-funding-programs#:~:text=The%20Charging%20and%20Fueling%20Infrastructure,along%20designated%20Alternative%20Fuel%20Corridors https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-financing/federal-funding-programs#:~:text=The%20Charging%20and%20Fueling%20Infrastructure,along%20designated%20Alternative%20Fuel%20Corridors https://www.federalregister.gov/documents/2023/02/21/2023-03498/waiver-of-buy-america-requirements-for-electric-vehicle-chargers https://www.federalregister.gov/documents/2023/02/21/2023-03498/waiver-of-buy-america-requirements-for-electric-vehicle-chargers https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/ per RFP Attachment 4, no. #26, the Project Agreement (PA) shall not be assigned in whole or in part without the prior written consent of KYTC.

6. Is battery energy storage eligible costs? Are backup generators or microgrids eligible costs?

See the NEVI Program Q&A document which states: "on-site renewable energy generation and storage are considered directly related to the charging of an EV and (are) therefore eligible for reimbursement provided that the renewable energy generation or storage only transfers power to and from the EV charging station. Costs for planning, permitting, acquisition, and installation of on-site distributed energy resource (DER) equipment (e.g., solar arrays, stationary batteries) that are directly related to the charging of a vehicle are eligible for reimbursement. These costs should only be considered if they will lead to lower costs to consumers, greater EV charging station reliability, and if they do not substantially increase the timeline for completing an EV charging station project."

All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the Project.

If proposing battery energy storage, Proposers should address in their respective Proposals how this equipment will lead to lower costs for EV charging station customers and greater reliability of the EV charging station, as well as any impacts on the schedule for station construction and commissioning.

7. For cost proposal scoring, will this be weighted dependent on number of chargers being installed?

Will upgrading charger sites to be NEVI compliant also be equally scored?

While there is not weighting in the scoring of the Cost Proposal, Proposals that propose charging capacity beyond the minimum EVSE Specifications outline in RFP Section 3.5 can potentially earn up to

60 additional points as illustrated in RFP Section 6.3, Table 5.

Yes, Proposals to upgrade existing charger sites to become NEVI-compliant is allowed under this RFP. This topic will be addressed in a forthcoming Addendum.

8. Is utility side equipment required to be Buy America compliant?

Supporting electrical equipment - other than electric vehicle chargers - used on a Project funded by the

NEVI Formula Program are subject to FHWA's existing BABA. These requirements are set forth at 23

U.S.C. 313 and 23 CFR 635.410. The FHWA also has a standing waiver under 23 U.S.C. 313(b), known as the Manufactured Products General Waiver, which has been in effect since 1983 and covers manufactured products that are not predominantly steel and iron and are funded under title 23, U.S.C.[4] See 48 FR 53099 (Nov. 25, 1983).

Also, see BABA related questions and answers from FWHA at https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/.

9. Are technical proposal additional points considered bonus points or will they be considered for scoring?

Technical Proposal Additional points (Table 5) are separate and added to the Technical Proposal Points

(Table 4). They function like bonus points; however, scoring for a Proposal is based on Total Available

Points (Table 7). Total Available Points equal to the sum of Technical Proposal Available Points, Technical

Proposal Additional Points, and Cost Proposal Points.

10.Can you clarify is 25 miles spacing for stations near state border applies if there is no station within

25 miles in the neighboring state?

This issue was addressed in Section 1.3 of Addendum #3 dated 6/28/2023.

11. Under corridor group BGP, we are not able to locate the AFC segment - 'Versailles Rd from MP

11.25 in Woodford Co. to MP 1.5 in Scott Co.' (3.4 miles). Kindly assist us in locating 11.25 MP and 1.5

MP on the map or please share the location coordinates.

This section of the AFC should have been noted as "Versailles Rd from MP 11.25 in Woodford Co. to MP

1.5 in Fayette Co." This section follows Versailles Road (US 60) from the Bluegrass Parkway east to just west of Gumbert Road. The county reference will be updated in the RFP. A KMZ or SHP file can be provided if additional clarity is needed.

12.My firm and the group I represent intend to apply for KY NEVI with the purpose of electrifying 17 rest stops/welcome centers along the AFC's. Do we need an LOI or land lease in place with the state for these locations prior to applying or will these locations be awarded with the application? If so, to whom to we direct that inquiry to?

Please note that pursuant to U.S. Code § 111, commercial EVSE Stations may not be permissible at rest stops along the AFCs. Regardless as to whether EVSE Stations are permissible by law, Site Host

Information is to be provided by completing RFP Attachment 8 as part of a Proposal. A signature of the

Candidate Site Host Representative is also required as part of Attachment 8. Proposers are to conduct the outreach to potential Site Hosts as needed to submit a responsive Proposal.

13.Regarding the requirement for one or more site-level emergency stops, would an emergency stop button on each individual charger or an automatic fail safe designed to shut off power to chargers in unsafe conditions satisfy this requirement?

An emergency stop button on each individual charger would meet the requirements for a site-level emergency stop. An automatic fail-safe system alone, without at least one Site-level stop button that can be operated by a human to disconnect power from the chargers during an emergency would not meet the technical requirements of the RFP.

14. Would KYTC consider a canopy covering the electric vehicle charging stalls to be an eligible expense?

See the NEVI Program Q&A document which states: “All construction costs for NEVI Formula Program projects, as defined under 23 U.S.C. 101(a)(4), are eligible so long as they are directly related to the charging of an electric vehicle (EV).

All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the Project.

To be considered directly related to the charging of vehicles, the item must be a necessary component in the EV charging station, be a necessary component to connect the EV charging station to the electricity source (or to supply power from the electricity source), provide eligible signage to direct EVs to the charging station, or provide information to EV users about use of the charging stations.”

Under this definition and guidance, a canopy covering EV charging stalls would not be considered an eligible expense for reimbursement using NEVI funding; however, KYTC is seeking guidance on this issue from FHWA.

15. Regarding the proposal submission, are there page limits or layout requirements for the various sections?

This RFP does not contemplate a page limit for the Administrative Proposal, Technical Proposal, or Cost

Proposal. The only applicable page limit is for the Cost Proposal narrative (1 page). Proposers are expected to generally adhere to the Proposal organization in the attachments. Text boxes and formatting may be modified as appropriate fit requested information in an easy-to-read manner.

16. Is KYTC able to provide Word document copies of required attachments (i.e. Attachments 8, 9, 10, etc.)?

KYTC will provide fillable PDF forms of the required Attachments in a forthcoming Addendum.

17. How is the one mile measured? If we have a location that is between 1 and 1.3 miles, depending on the spot where it is measured (ramps etc.) will that qualify?

According to the NEVI Formula Program Guidance, the one mile should be measured as the shortest driving distance between the Interstate Highway System exit ramp and the entrance to the EVSE Station.

Any site over 1-driving mile, will not be eligible for consideration.

18. We were recently notified that we were awarded funds from our MPO for charging stations under their Carbon Reduction Program. We expect implementation to be NEVI Compliant. Will this be considered a creditable site and therefore we are considered ineligible due to distance specifications?

What if our application proposed adding additional charging stations to that existing location that is already “future proofed”? Would that proposal be eligible if all other criteria was met?

Candidate Sites that have been awarded federal funds from another program are eligible to receive funds from Kentucky's EV Charging Program. However, the total amount of federal funds awarded to an individual Candidate Site cannot exceed 80% of the total eligible costs to comply with the 20% non-federal match requirement.

19. Is the I-275 Corridor considered Corridor Group I-75A? It is highlighted on the map but is not referenced anywhere in the document (not even on the legend). (Referencing exit #s 2 or 4)

I-275 is not part of a Corridor Group in this RFP. It is highlighted in blue as an Interstate. This same highlighting was applied to other Interstates that are not included in Corridor Groups. A KMZ or SHP file can be provided if additional clarity on the Corridor Groups is needed.

20. Will Site Hosts only applications be accepted?

Site Hosts can submit a Proposal as both the Proposer and Site Host and complete the information required in the Administrative Proposal accordingly.

21. We may be a “non-traditional applicant”, given that under our current situation we would possibly be considered the site host, developer and owner/ operator under the specified definitions. We are in process of procuring a vendor for campus wide EV charging station implementation, to include but not be limited to an eligible site under this RFP. We have not procured/selected a vendor, so can we still submit without the detail included on the third party hardware and software? Should we submit the scope of work and specifications to be included in the procurement package? Or is committing to meet NEVI standards sufficient for this application? Does it even make sense for us to apply under this, or is this really intended for more traditional EV charging station vendors?

Site Hosts can submit a Proposal as both the Proposer and Site Host and complete the information required in the Administrative Proposal accordingly. All Technical Proposals should be prepared as described in section 5.3 of the RFP, and all Technical Proposals will be subject to the Technical Proposal

Evaluation as described in Section 6.3 of the RFP. Proposal scores will be compared against the scores of

Proposals for Candidate Sites within the same Corridor Groups.

22. Is there a minimum / maximum request allowed for the funding request/budget?

There is no funding request minimum and the maximum is 80% of eligible Project costs to comply with the 20% non-federal match requirement.

23. How do we determine if our location is within the 25 miles of a creditable site in Ohio or Indiana?

Candidate sites are needed within 25 miles of state borders on all AFCs, in all logical travel directions, unless there is a potentially AFC Creditable Station in a location that would extend that distance.

Currently, there are potentially AFC creditable stations in the following locations: I-24 Exit 4 in Tennessee, I-65 Exit 4 in Indiana, and I-71 Exit 8 in Ohio. Note that other AFC border locations (some in the same metro areas) do not have potentially AFC credible stations in the adjoining state. The 25-mile distance, in all logical directions of travel, would apply to those AFC border locations.

24. Multiple bullets under the technical proposal will contain the same information for each candidate site. To streamline responses for the reviewers, we suggest incorporating the following sections into a singular submission, like the administrative proposal, rather than having the same information submitted for each candidate site. *Approach to performing services *Approach to O&M *Approach to data interface and reporting

Since each Proposal (and corresponding Candidate Site) is evaluated using the evaluation and selection process described in Section 6, the Technical Proposal information needs to be provided in full for each submitted Proposal.

25. Can you clarify what is expected in the years 6-10 columns? It is our understanding that this is a 5-year project period with the state. Are years 6-10 strictly for informational/reference purposes?

These columns (Years 6-10) were provided in error and will be removed from RFP Table 10-2 and 10-3 in a forthcoming Addendum.

26. Is sales tax an eligible cost?

Yes.

27. Can an applicant use Green-E RECs to gain points for renewable energy/resiliency?

All Technical Proposals will be subject to the Technical Proposal Evaluation as described in Section 6.3 of the RFP, Technical Proposals will be scored according to the categories provided in Tables 4, 5, and 6 in the RFP and using the guidelines provided in Table 8. These tables do not include points for the use of renewable energy and/or RECs.

28. Does Buy America (BA) pricing apply to utility equipment, construction equipment, and chargers?

Supporting electrical equipment - other than electric vehicle chargers - used on a Project funded by the

NEVI Formula Program are subject to FHWA's existing BABA requirements. These requirements are set forth at 23 U.S.C. 313 and 23 CFR 635.410. The FHWA also has a standing waiver under 23 U.S.C. 313(b), known as the Manufactured Products General Waiver, which has been in effect since 1983 and covers manufactured products that are not predominantly steel and iron and are funded under title 23, U.S.C.

See 48 FR 53099 (Nov. 25, 1983).

Also, see BABA related questions and answers from FWHA at https://www.fhwa.dot.gov/construction/contracts/buyam_qaev/.

29. If a proposer has more than 1 site in a corridor group, does that give the applicant an advantage over a proposer who only has one site in a corridor group?

No.

30. How many awards will be distributed per corridor group during this RFP round?

KYTC’s intent is to award one or more Sites in each Corridor-Group.

31. What are the total number of stations KY will fund during this RFP round?

KYTC has not identified a specific number of EVSE Stations that will receive awards at this time.

32. On attachment 8 in the “permit status” section, can the awarding body please clarify or give an example of what “local agency” permits would be/look like?

Any permits required as per RFP Attachment 4, #31 (e.g., building permits).

33. If an organization would like to comment on the contractual language, should we submit our comments with our proposal or should we wait until after awardees are determined?

Questions were due on July 13th per the RFP; however, potential Proposers may submit a second round of questions on or before August 14th and KYTC will post answers and/or make changes to the RFP to such questions. In terms of post-award changes, Section 6.7 of the RFP states in part: "KYTC does not intend to negotiate material terms set forth in the RFP; rather, the negotiation should be largely administrative in nature to include information specific to Developer and Project(s)/Site(s) involved."

34. Milestone payments have 20% CapEx being withheld to be paid during Operations. Could the awarding body clarify, does this mean 4%/year, and curious why capital expenditures are being withheld in addition to eligible O&M costs?

Yes, the CapEx reimbursements withheld will be distributed 4% per year, subject to any deductions that may be applied and other adjustments as outlined in RFP Section 4.1. CapEx reimbursements are withheld to ensure that the EVSE Stations meet EVSE Specifications during the Operational Period, even if there are no O&M reimbursements requested by a Developer.

35. Are proposers able to edit or modify required RFP forms to fit the requested information?

Yes, as long as the original language and content are not modified.

36. Other state retention amounts were 5% and 10%, would KY consider reducing the retention amount?

No, KYTC does not anticipate changing the stated amount.

37. Will proposals for EVSE hardware only be accepted?

No, only Technical Proposals that meet the Minimum Acceptance Criteria as defined in RFP Section 6.2.2 will proceed to the Technical Proposal evaluation stage.

38. Can KYTC provide more clarity regarding the expectation of the amount expected for

Proposers/Developers to maintain PA performance bonds for the life of the project? What is the expectation of the yearly “step down” in value of these bonds?

A forthcoming Addendum will provide additional detail on this step down, but it will be proportional each year based on the total O&M costs as set forth in Attachment 10, Table 10-3.

39. Can proposer include Proposer Experience/Qualifications references from other team members such as the installer and/or EVSE supplier to meet the minimum (3) EVSE references requirement?

Yes. Note that references are for applicable projects and will be evaluated as part of the Proposer experience and qualifications scoring criteria (see: Table 8).

40. Is the Proposer required to submit the application through MOVEit or can another organization assist the applicant with application submission?

All Proposals are to be submitted in accordance with Section 5.1 and Attachment 11.

41. Can KYTC clarify if the proposer can include electricity costs (kWh and demand costs) in their proposal as operating costs or “necessary and directly related to the charging of vehicles”?

Yes, electricity costs (kWH and demand costs) are both eligible O&M costs for reimbursement. All reimbursable costs must be allowable and reasonable in accordance with 2 CFR Part 200, and directly allocable to the project.

42. Can the Proposer also be the Candidate Site Host (owner or lessee of the property)? The RFP includes references for Site Host or EVSE owner and Site Host or Proposer but does not state if they can be both.

Site Hosts can submit a Proposal as both the Proposer and Site Host and complete the information required in the Administrative Proposal accordingly.

43. Is shipping of the EVSE an allowable expense?

Yes.

44. Emergency stop: Is an external disconnect on secondary electrical, if within line of site of the chargers, sufficient to meet the requirement?

External disconnect switches are intended to isolate equipment during maintenance and are not appropriate to safely interrupt active load from an operating EVSE in an emergency. The required site-level e-stop must be designed for emergency use by untrained personnel, and clearly marked as an emergency shutoff or emergency stop. It may either interact with EVSE directly to initiate an emergency shut down of all units using the procedure defined in SAE J1772, or may be used to control a load-breaking device (shunt-trip to circuit breaker) to deactivate all AC power to the chargers.

45. Can KYTC provide additional information/criteria utilized to score the Cost Proposal Evaluation scoring? Applicants may be providing equipment, capacity, future proofing, and equity criteria that may add additional cost. Going above the NEVI minimums will adversely affect the score.

All Cost Proposals will be subject to the Cost Proposal Evaluation as described in Section 6.4 of the RFP and allocated the maximum points as stated in Table 6.

46. Is bonding an allowable expense as it is necessary to perform the work set forth in the solicitation?

Yes. All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the project.

47. Will KYTC consider additional questions after the responses to questions are posted on July 27, 2023? It would be helpful for an additional round of questions to provide any other clarifications based on responses to the first round of questions.

Questions were due on July 13th per the RFP; however, potential Proposers may submit a second round of questions on or before August 14th, and KYTC will post answers and/or make changes to the RFP to such questions.

48. Should Attachment 9. EVSE Vendor Information and Specifications Compliance list the EVSE manufacturer’s contact name and email address or the Proposers?

Proposers are required to list the EVSE manufacturer (EVSE vendor) contact name and email address in

Attachment 9.

49. Are there page limitations to the Administrative Proposal, Technical Proposal, and Addendums?

Attachment 8. Proposal Form, Page 8-1 states: "This attachment will not count be included in the page count." There are no other references to page counts in the document other than on page 26 requesting a one-page cost proposal narrative.

This RFP does not contemplate a page limit for the Administrative Proposal, Technical Proposal, or Cost

Proposal. The only applicable page limit is for the Cost Proposal narrative (1 page).

50. Will KYTC require specification sheets to include NACS? FHWA’s minimum standards require all chargers to be UL certified, which ensures that charging products are safe for consumers to use. Tesla has not obtained UL certification for the NACS cable and connector as a stand-alone item; rather, they have only obtained UL certification for their dispensers as a whole, which the cable and connector are integrated with. Because the cable and connectors are certified only if they are integrated with Tesla’s charging dispensers, this means that if the cable and connector are integrated with any other charging product, they must be re-certified for safety. While the direction is clear that NACS will be needed to meet future charging demands, additional time is needed in order to standardize NACS. Efforts have been announced by CharIN and SAE to standardize the safety, security, and interoperability of this previously proprietary connector. ChargePoint is committed to being a part of these efforts and will continue to update our products accordingly. Until these certifications are obtained, EVSE manufacturers will be unable to update their specification sheets.

The ability to charge NACS compliant vehicles will be required for all EV Charging stations awarded via this RFP, but KYTC will delay implementation of the NACS requirement until the industry has had more time to prepare to meet this requirement. Proposers will be asked to provide in their Technical Proposal, General Work Plan, and Implementation Schedule pursuant to RFP Section 5.3, the anticipated date by which they expect to be able to comply with the NACS requirement. This topic will be addressed in more detail in a forthcoming Addendum.

51. Can KYTC clarify if the additional cable and/or adapter to support NACS is an allowable expense?

Yes, the additional cable and/or adapter to allow charging of NACS compatible vehicles is an allowable expense for capital reimbursement.

All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the project.

52. Is the expectation that the NACS connector is available for installation at time of proposal or can it be ready at the installation stage or retrofitted on the charger when vehicles will be equipped with

NACS?

The ability to charge NACS compliant vehicles will be required for all EV Charging stations awarded via this RFP, but KYTC will delay implementation of the NACS requirement until the industry has had more time to prepare to meet this requirement. Proposers will be asked to provide in their Technical Proposal, General Work Plan, and Implementation Schedule pursuant to RFP Section 5.3, the anticipated date by which they expect to be able to comply with the NACS requirement. This topic will be addressed in more detail in a forthcoming Addendum.

53. What level of detail is required within Attachment 9: EVSE Vendor Information and Specification

Compliance to show sufficient commitment and needed description on how a company will be providing the “attachment method” for a permanently attached NACS connector?

If proposers will use an adapter to allow charging of NACS compliant vehicles they should provide a product cut sheet, drawing, and/or detailed description of the method of attachment that will ensure that EVSE Station customers can not remove the device when they leave the EVSE Station.

54. Which documents require notarization other than Form B: Non-Collusion Affidavit?

Any statement or other document that indicates it needs to be "sworn" requires notarization. See

Attachment 7.

55. Does KYTC require applicants to complete and submit all of Attachment 7. Transmittal Letter and

Proposer Certifications and Federal Funds Forms; Pgs. 7-1 through 7-19 or only a Transmittal Letter and

Form A?

All Proposers must complete and submit all forms in Attachment 7.

56. Proposals must comply with the RFP instructions regarding organization, content, and format. Can the standard forms with text boxes (mimicking Attachment 3) get modified to fit the response or do all answers have to fit within the prescribed text boxes?

Text boxes in forms may be modified appropriately to fit Proposal response.

57. The KY NEVI RFP requires 350 ADC output / 150kW per port. It is not possible to reach 150kW output relying on a 200A cable and there are no manufacturers offering higher power NACS compatible cables. Further, there are no qualified suppliers of UL listed NACS connector cables that meet both the FHWA minimum standards and the technical requirements for the KY NEVI RFP. Will KY allow exemption requests or reconsider the NACS requirement due to this conflict and the lack of reliable and compliant EVSE component supply chain?

The ability to charge NACS compliant vehicles will be required for all EV Charging stations awarded via this RFP, but KYTC will delay implementation of the NACS requirement until the industry has had more time to prepare to meet this requirement. Proposers will be asked to provide in their Technical Proposal, General Work Plan, and Implementation Schedule pursuant to RFP Section 5.3, the anticipated date by which they expect to be able to comply with the NACS requirement. This topic will be addressed in more detail in a forthcoming Addendum.

58. Can Attachment 4 be redlined during the contract negotiation period?

In terms of post-award changes, Section 6.7 of the RFP states in part: "KYTC does not intend to negotiate material terms set forth in the RFP; rather, the negotiation should be largely administrative in nature to include information specific to Developer and Project(s)/Site(s) involved."

59. What is the timeframe for KYTC to approve subcontractors? This is relevant in case a subcontractor needs to be replaced.

KYTC has provided for notice at least 10 days before any such change is anticipated to become effective, and as such expects to approve or disapprove any such change within 10 days.

60. Pg. 20: “LDs may be applied to invoices during the Operational Period, as described in Section 4.4 and KYTC may deduct the sum of LDs from any monies due or that may become due to the Developer under the PA, or if such monies are insufficient, the Developer or sureties thereof shall pay to KYTC any deficiency within thirty (30) calendar days.” Question: Is this open for discussion and amendment during the negotiation phase?

In terms of post-award changes, Section 6.7 of the RFP states in part: "KYTC does not intend to negotiate material terms set forth in the RFP; rather, the negotiation should be largely administrative in nature to include information specific to Developer and Project(s)/Site(s) involved." However, more details related to the assessment of uptime data versus EVSE Specifications prior to the imposition of LDs will be provided in a forthcoming Addendum.

61. Pg. 26: “The Proposer should include all costs in its Proposal which includes any taxes required or incurred in connection with the purchase goods or services for this Project or otherwise. In no event shall Developer directly charge KYTC for any taxes it incurs or pays in connection with the Project.

Costs for developing the Proposals are solely the responsibility of Proposers. The Commonwealth shall not provide any reimbursements for such costs.” Question 1: Our budgets will be as accurate as possible at time of submission. What happens if the costs change over the course of the project?

Question 2: Can KYTC keep our cost submissions confidential under state law, as we consider it our property/IP/Copyright? Question 3: If we cancel the project prior to accepting the award, is there any penalty?

Question 1: As per Attachment 4, #1: “Any costs in excess of awarded amount that are necessary for completion of the Project and any authorized or unauthorized changes to the Project are the sole responsibility of Developer.”

Question 2: As per RFP Section 5.1: "Any information included in a Proposal that the Proposer believes is considered confidential or proprietary under Commonwealth law shall be listed as instructed in

Attachment 12."

Question 3: As per RFP Section 2.6: “Proposals shall be valid for a period of 180 days after the Proposal

Due Date. No Proposer may withdraw its Proposal within the 180-day period, unless notified by KYTC that (a) no PA for the relevant Corridor-Group will be executed by KYTC pursuant to the RFP; or (b) KYTC does not intend to enter into a PA with the Proposer."

62. If a proposer decides to finance the “20% withholding for distribution during Operational Period”, would that debt financing be an eligible cost for reimbursement? Is debt financing, in general, an eligible cost for reimbursement?

Yes, debt financing, in general, that is directly related to the EV Station capital investment is an eligible expense for reimbursement. However, costs incurred with respect to financing the withholding amount, or any other costs incurred related to the withholding amount, is not eligible for reimbursement. All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the Project.

63. Is bonding insurance an eligible cost for reimbursement?

Yes.

All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the project.

64. The RFP references “O&M Payment” at the end of the first sentence. Does “O&M Payment” mean the same thing as a payment made to the proposer during the operation period as defined in Table 3?

"O&M Payment” refers to the OpEx Reimbursement as described in RFP Sections 4.1 and 4.2.2 and/or the CapEx Withholding for distribution during Operational Period as listed in Table 3.

65. When must equipment contracted be deployed by? e.g., Operation of equipment within six (6) months of procurement is expected.

There is no programmatic deadline by which the EVSE Stations need to be implemented; however, Developers will be contractually obligated to follow the Implementation Schedule provided in the

Technical Proposal pursuant to RFP Section 5.3.

66. Will entities procuring NACS adapters have additional time to procure these as they are not readily available?

The ability to charge NACS compliant vehicles will be required for all EV Stations awarded via this RFP, but KYTC will delay implementation of the NACS requirement until the industry has had more time to prepare to meet this requirement. Proposers will be asked to provide in their Technical Proposal, General

Work Plan, and Implementation Schedule pursuant to RFP Section 5.3, the anticipated date by which they expect to be able to comply with the NACS requirement. This topic will be addressed in more detail in a forthcoming Addendum.

67. "Our firm will potentially serve both as a Proposer (of its own sites) and as a Developer (for others). We do not collude or coordinate with any other proposers or developers in any way prohibited by Federal or other law. In fact, the Proposers for whom we serve as Developer are generally speaking totally unaware of our other Proposals unless and until they are publicly announced. However, the converse is not necessarily true, as we carry out various design and costing exercises on their behalf, follow their public announcements and so become aware of their sites.

In this scenario, Form B – Non-Collusion Affidavit seems to go beyond non-collusion certifications that would typically need to be made (in (3) (4) and (5) and require that ourselves and our Proposer partners certify not only that we do not carry out any unlawful activities, but also have not had any

“communication” about sites, even if we are “potential” Proposers.

In a scenario where we serve both as a “white label” provider / Developer to other Proposers, and as a self-Proposer, how can we best make the anti-collusion certifications the state requires, without making an untrue statement?"

To comply with Form B in the given scenario, it is acceptable that an entity serves as both Proposer and

Site Host for one or more Candidate Sites within the same Corridor-Group. Likewise, an entity can serve as a Proposer with a different Site Host for one or more Candidate Sites within the same Corridor-Group.

However, in instances where an entity has a role in multiple Proposals in the same Corridor Group, this entity may not: 1) participate in a joint venture (JV) with another entity, whereby the JV serves as the

Proposer, and then one of the entities in the JV serve as the lone Proposer for a different Candidate Site in the same Corridor-Group or 2) serve as the Site Host (only) for one Proposal and the Proposer for a different Candidate Site in the same Corridor-Group, in separate Proposals.

68. Is an identified site address required for each site proposal, or can we apply with a tentative address?

A physical address for each Candidate Site is requested in Attachment 8. If the address is tentative, then the address should be marked as such and this will be taken into consideration for the Technical Proposal

Evaluation. If the issue is lack of an approved postal address, other specific identifiers such as parcel ID from the applicable land records may be provided.

69. Is the attached Letter of Authorization template sufficient to fulfill the landlord signature requirement? Our deployment team prefers this template rather than needing to send each landlord our application with the signature page. Is this okay?

A signature of the Site Host representative is requested in Attachment 8. Alternative letters/templates can be submitted, but will not be considered an alternative to the requested signature.

70. Pull-Through: Is it correct that pull-through incorporation into a site is given additional scoring but not required?

Yes.

71. Is adding solar to sites an eligible reimbursable expense?

See the NEVI Program Q&A document which states: "on-site renewable energy generation and storage are considered directly related to the charging of an EV and (are) therefore eligible for reimbursement provided that the renewable energy generation or storage only transfers power to and from the EV charging station. Costs for planning, permitting, acquisition, and installation of on-site distributed energy resource (DER) equipment (e.g., solar arrays, stationary batteries) that are directly related to the charging of a vehicle are eligible for reimbursement. These costs should only be considered if they will lead to lower costs to consumers, greater EV charging station reliability, and if they do not substantially increase the timeline for completing an EV charging station project."

All reimbursable costs must be allowable and reasonable in accordance with 2 CFR part 200, and directly allocable to the Project.

If proposing battery energy storage, Proposers should address in their respective Proposals how this equipment will lead to lower costs for EV charging station customers and greater reliability of the EV charging station, as well as any impacts on the schedule for station construction and commissioning.