Round 2 KYTC NEVI Proposal QA 20230817.pdf

KY EV CHARGING PROGRAM RFP

ADDENDUM NO. 6

RESPONSES TO PROPOSER QUESTIONS

August 17, 2023

This Addendum No. 6 consists of responses to ques�ons 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. 5, dated as of August 5, 2023. The text of the RFP has been amended, as referenced in responses to individual ques�ons set for the below, in this Addendum No. 6.

72. For ques�on #69 on previous addendum, regarding the site host signature, many of our sites already have or will soon have an executed lease that explicitly allows for par�cipa�on in incen�ve programs like NEVI. To ask for an addi�onal signature on our applica�on risks revisi�ng our commercial terms, such as rent, which ul�mately increases opera�ng costs and site pricing’ (and doesn’t seem like the intent here.) I was wondering if you all would reconsider the request to allow a leter of intent or authoriza�on or executed lease to fulfill the site host signature requirement?

In Atachment 8 under “Site Host Informa�on” the Proposer is asked to indicate the “Site Ownership Status.” If the Proposer has executed a lease agreement with a land owner, the Proposer should check the “Lessee” box. The Proposer is asked to provide a copy of the lease agreement. If a copy of the lease is provided, and the lease explicitly allows the lessee to develop an EVSE Sta�on in compliance with the EVSE specifica�ons outlined in the RFP, including NEVI requirements, then the Proposer is able to serve as the Candidate Site Host Representa�ve and sign Atachment 8 accordingly.

73. What types of vehicles are being charged so I can quote you the appropriate chargers?

Per Section 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 Stations (EVSE Stations)." Further, each station 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 Section 3.5.2 of the RFP, and 23 CFR 680 for EVSE requirements. It is expected that most vehicles that will use these charging ports will be cars and light trucks, but medium- and heavy-duty commercial trucks equipped with SAE J1772 CCS charge ports could also charge at these stations.

74. If canopies are not considered a reimbursable expense, can proposers s�ll include a canopy over the charging sta�on as part of the proposer’s matching funds?

A previously issued answer indicated that canopies are not a reimbursable expense; however based on further discussion with the Joint Office, KYTC has determined that a canopy directly over the area of the EVSE and the parking for vehicles in ac�ve charging to protect users from weather is directly related to charging and would therefore be an eligible expense included as part of the proposer’s matching funds.

However, KYTC will seek to ensure that the cost of such a structure is reasonable relative to other reimbursable costs and may limit the amount of reimbursement; additional guidance can be found in

Section 4.3.1 of Addendum #6. Also note that KYTC will only reimburse up to 80% of reimbursable expenses. Non-reimbursable expenses cannot count toward the required Proposer matching funds.

75. Are ground lease payments to site hosts eligible costs for reimbursement, assuming they are made a�er issuance of NTP1?

No, purchase or rental of real estate will not be reimbursed by KYTC, as stated in Section 4.3.1 of the RFP. For more information on expenses that are eligible for reimbursement see https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/resources/nevi_program_faqs.pdf.

76. Would pouring concrete at a site be an eligible cost for reimbursement, assuming the concrete was only for the area necessary for EV charging?

Yes. All construction costs for NEVI Formula Program projects are eligible so long as they are directly related to the charging of an EV. Pouring concrete at a site for only the area necessary for EV charging is directly related to charging and would be an eligible expense. However, KYTC will seek to ensure that the cost of pouring concrete is reasonable relative to other reimbursable costs and may limit the amount of reimbursement. Also note that KYTC will only reimburse up to 80% of reimbursable expenses.

Non-reimbursable expenses cannot count toward the required Proposer matching funds.

77. General Maintenance Obliga�ons. Please clarify the defini�on of “useful life” for EVSE. Does the following language apply only if the EVSE is sold or transferred before five years from commencement of use? “If Developer transfers or sells all or part of the EVSE under the PA, causing the EVSE to no longer be used for purposes of the NEVI Formula Program , before the EVSE has reached [the end of its useful life], Developer shall remit to KYTC within 30 days the proceeds from such transfer or sale in propor�on to the share of the total cost of the Project funded with federal funds.”

Per the following language in the Project Agreement Term Sheet, the Developer shall remit payment for the proceeds from the transfer or sale of the EVSE if such transfer or sale occurs before the end of the 5-years from the commencement of use OR if the value of the EVSE is above $5,000 after the term of the

PA.

See Project Agreement Term Sheet language: Developer shall provide an equipment management plan and annual reports on the condition of the EVSE until the earlier of (1) the date that is five years from commencement of use of the EVSE, or (2) the date on which the value of the EVSE falls below $5,000. If the former, Developer shall provide a plan for the remainder of useful life of the EVSE within 60 days prior to the expiration of the PA. If Developer transfers or sells all or part of the EVSE under the PA, causing the EVSE to no longer be used for purposes of the NEVI Formula Program, before the EVSE has reached the end of its useful life, Developer shall remit to KYTC within 30 days the proceeds from such transfer or sale in proportion to the share of the total cost of the Project funded with federal funds.

78. Audits & Inspec�ons. Please confirm if Audits (subsec�on a) and Access to Records (subsec�on e) include payroll data.

Yes.

https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/resources/nevi_program_faqs.pdf

79. If a current site owner were to be selected for a grant and the NEVI installa�on is built-out and approved for opera�on, if the site owner were to sell the property within the 1st 5 year window, I’m assuming he / she can sell so long as a contract agreement is in place whereas the buyer agrees to maintain the NEVI site for the term of the full 5 years. Is this correct? Is the state a party to the agreement and will need to sign as well?

Per RFP Section 3.2, Site Host agreements must allow broad and unfettered access to Developer to develop, construct, operate, and maintain the Project. This is the case regardless of whether the underlying property owner transfers its ownership in the subject property. The state will not be party to Site Host agreements.

80. If a dual-port charger is capable of providing 320 kW to one EV charging alone, or 160 kW to two EVs charging simultaneously, does it qualify for 30 points in the technical evalua�on?

Yes, since the described charging configuration would provide two ports capable of charging above 300 kW and not fall below 150 kW during simultaneous operation, it would qualify for an additional 30 points in the technical evaluation.

81. Would KYTC consider lowering the proposed withholding to 10%? Other states, such as Pennsylvania and Ohio, have proposed a withholding of 10% and Colorado has proposed a withholding as low as 5% in their NEVI RFPs.

KYTC is not considering lowering the withholding.

82. Per the previously submited Q&A, the proposer will provide their proposed revisions to the RFP with their proposal. However, would KYTC also like to receive the proposed changes to the contract with their proposal?

If a Proposer submits such revisions, they may be subject to further "discussions" as outlined in RFP Section 6.5.

83. Does 150kW need to be available per port at all �mes? Because if one of our 180kW or 240kW units is simultaneously used by two EVs, the output would drop to ~90kW and ~120kW per port.

Yes, all EVSE Stations must include at least 4 DCFC ports capable of delivering 150 kW simultaneously from each port at the Site at all times (24 hours a day, seven days a week, 365 days a year). Power sharing beyond the 150 kW per port requirement is allowed, as long as the EVSE Station meets the above requirement to charge 4 vehicles each at 150 kW simultaneously. For more information, see the NEVI Standards and Requirements https://www.federalregister.gov/documents/2023/02/28/2023- 03500/national-electric-vehicle-infrastructure-standards-and-requirements.

https://www.federalregister.gov/documents/2023/02/28/2023-03500/national-electric-vehicle-infrastructure-standards-and-requirements https://www.federalregister.gov/documents/2023/02/28/2023-03500/national-electric-vehicle-infrastructure-standards-and-requirements