KYTC RFP 4 Q&A_R1_062626.pdf

KYTC NEVI RFP 4: Q&A

Posted 6-26-2026

1. Question: The RFP and BABA requirements reference equipment and materials

"permanently incorporated" into the project. Some proposers intend to deploy EVSE within a containerized enclosure connected to a conventional pad-mounted utility service point — transformer, meter, disconnect, and conduit — that is itself permanently installed on a concrete foundation at the project site. The utility service infrastructure in this configuration is fixed, permitted, and indistinguishable from standard commercial EVSE service construction.

The containerized EVSE enclosure connects to that permanent service point for the full term of the Project Agreement. Does KYTC consider this deployment architecture — permanent pad-mounted utility service infrastructure combined with a containerized EVSE enclosure that remains on-site for the full Project Agreement term — to satisfy the "permanently incorporated" requirements under Section 4.1 and BABA compliance under Section 4.2? If not, what additional installation requirements apply?

Answer: Containerized or palletized equipment that is installed on the site is considered "permanently incorporated" into the project for the purposes of Build America, Buy America (BABA) compliance. An example of an item that is not permanently incorporated is flagging tape, which is used to mark things during construction, but is not left as part of the site during operation once construction is complete.

2. Question: Section 4.2.1 requires that manufactured products permanently incorporated into the project meet Buy America requirements, including a 55% domestic content threshold, and that EVSE housing that is predominantly steel or iron meet the iron and steel Buy America standard. Some proposers intend to deploy EVSE within a containerized steel enclosure that has been fabricated and modified to engineered specifications using US-sourced steel and US-manufactured electrical components. To ensure compliance documentation is prepared correctly, please clarify: is a containerized EVSE enclosure of this type classified as a manufactured product subject to the 55% domestic content requirement under Section 4.2.1, or as an iron and steel product subject to the Buy America iron and steel standard? What specific documentation would KYTC require to demonstrate compliance under whichever standard applies?

Answer: A single item delivered to the site as a pre-assembled unit containing the chargers would be considered electric vehicle supply equipment (EVSE) for the purposes of BABA. As EVSE, it would all be covered by the Federal Highway Administration's (FHWA) Waiver of Buy America Requirements for Electric Vehicle Chargers. The current requirements under this waiver are for final assembly to occur in the US, and the cost of components manufactured in the US to be at least 55% of the cost of all components.

Under this waiver, Iron and Steel housings are specifically excluded from the waiver, and must comply with all Iron and Steel BABA requirements. A statement from the manufacturer certifying compliance with BABA will be required for these items.

3. Question: Attachment 6 requires the Site Host Owner to provide either a recorded deed showing fee interest, or a lease agreement covering the full Project Agreement term. For project sites where the EVSE will occupy a designated portion of a larger commercial property

— such as a defined area within a hotel parking lot, retail lot, or fairground — and where no pre-existing lease covers that specific area, will a site-specific access and license agreement executed between the proposer and the property owner satisfy the proof of site control requirement? If so, what minimum terms must that agreement include to be considered sufficient?

Answer: A site-specific access and license agreement executed between the proposer and the property owner will satisfy proof of site control, so long as the agreement includes within it the requirements set forth in Attachment 6 to the RFP, Template "A", items (i) through (iv).

4. Question: Section 4.1 states that all utility equipment and materials permanently incorporated into the project must be BABA compliant regardless of who pays for or owns the equipment.

For a containerized EVSE deployment, the permanently incorporated utility infrastructure consists of the pad-mounted transformer, meter base, disconnect switch, conduit, and associated service equipment installed at the project site. The containerized enclosure connects to this service point but is not itself embedded in the ground or attached to a structure. Does BABA compliance for the "utility equipment and materials permanently incorporated into the project" apply to the pad-mounted service infrastructure only, or does it also extend to the containerized enclosure and the EVSE equipment housed within it?

Answer: Containerized or palletized equipment that is installed on the site is considered "permanently incorporated" into the project for the purposes of BABA compliance. An example of an item that is not permanently incorporated is flagging tape, which is used to mark things during construction, but is not left as part of the site during operation once construction is complete.

5. Question: The RFP requires proposers to maintain 97% uptime per port across the five-year

O&M period. In the event of a grid outage, is a proposer permitted to deploy supplemental generation from a portable, fossil-fueled generator to maintain EVSE operation and satisfy the uptime requirement? If so, are there any restrictions on generator type, fuel source, emissions standards, or duration of use that would apply?

Answer: Per 23 CRF 680.116(b)(3), outages due to electric utility service interruptions are excluded from uptime calculations and do not count against the 97% uptime requirement. If a proposer chooses to deploy generators during power outages, that is allowable and there are no program restrictions on the type of generator that can be used.

Kentucky has prohibitions on the generation and sale of power that may restrict such activity.

6. Question: Can the cabinet consider revisiting or modifying several of the current requirements that appear significantly more restrictive than those in previous KY NEVI rounds and in comparable state EV infrastructure programs that may unintentionally limit applicant participation and competition. In particular, we would appreciate additional context on the reasoning behind the following requirements and whether there may be flexibility to omit or revise them:

• The requirement for a letter of credit (LOC)

• The application of liquidated damages tied to deployment schedules.

• The structure requiring applicants to fully fund projects upfront with reimbursement only after construction completion.

Additional context: From our experience working across multiple state programs, only a small number of states currently require letters of credit. In comparison to states without LOC requirements, those programs have generally experienced slower deployment progress.

LOCs also typically require full cash collateralization, forcing awardees to tie up significant capital that could otherwise be used to accelerate deployment and expand project scope.

Additionally, we are concerned about the inclusion of liquidated damages for schedule delays when project timelines are often dependent on factors outside of the developer’s control, including utility interconnection timelines, permitting, equipment lead times, and consultant review processes managed by the Cabinet itself. Lastly, the decision to structure reimbursements only after construction completion creates substantial upfront financing burdens for developers and may disproportionately disadvantage otherwise qualified applicants that are prepared to build but cannot absorb the full capital exposure over an extended construction timeline. Our concern is that, taken together, these requirements may make participation prohibitively difficult for many developers and could ultimately reduce competition, limit deployment, and constrain the number of viable project proposals submitted under the program. We would appreciate any clarification KYTC can provide regarding the intent behind these provisions and whether revisions or alternative compliance approaches are being considered.

Answer: These requirements will remain as stated in the RFP.

7. Question: Please confirm that KY DOT agrees that Tesla's V4 Cabinet and Posts meet KYDOT's interpretation of 23 CFR 680.106(d)(1). Tesla's V4 equipment is able to support between 250-920 V DC and can provide 150kW simultaneously to each port regardless of power sharing.

Answer: Any direct current fast charging (DCFC) equipment that can output a voltage between 250-920 Volts Direct Current (VDC) and that can provide 150 kilowatts (kW) to all ports simultaneously would meet the requirements of 23 CFR 680.106(d)(1).

Equipment that performs power sharing must be capable of providing 150kW to all ports at the same time. If the total power available at the charging station cannot support all ports at the same time, then the station may be split into a NEVI Charging Station and a non-NEVI Charging Station as outlined in section 4.4 of the RFP. The NEVI ports must be clearly identified and power sharing must be configured so that the designated NEVI ports would have priority and could guarantee 150kW is available simultaneously. The other non-NEVI ports may use power sharing to make use of any power that is not needed by the NEVI ports. The cost of the non-NEVI port dispensers would be ineligible for reimbursement; however, the other equipment would be eligible as outlined in RFP section 4.4.

8. Question: What will be the term of Payment Bond and when will it terminate?

Answer: Subsection 14(b) (Bonding) of the Project Agreement, included within the RFP as Attachment 7, states that the payment bond shall remain in effect for the duration of construction. It will be released by KYTC upon construction phase completion.

9. Question: I need clarification that when measuring the distance from KY NEVI Stations on map, we should be measuring distance from the point given on the map or from the radius given?

Answer: The distance used for scoring criteria is the straight line distance from the point on the map shown for the nearest existing NEVI station. The exclusion areas are not part of the consideration of scoring distance from existing NEVI stations.