T3104 Solar PPA RFP rev 20190301 Approved.pdf

Bid Solicitation

Bid # 18DPP00260

For: T3104 – Solar Power Purchase Agreements

(PPA)

Event Date Time

Vendor’s {Bidder’s} Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)

3/27/2019 2:00 PM

Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 for more information.)

5/9/2019 2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on the Division of Purchase and Property website and on www.njstart.gov.

Small Business

Set-Aside

Status ☒ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☐ Subcontracting Only

Category

☐ I ☐ IV

☐ II ☐ V

☐ III ☐ VI

Bid Solicitation Issued By Using Agency/Agencies

State of New Jersey State of New Jersey Department of the Treasury Department of the Treasury Division of Purchase and Property Division of Property Management & Construction Trenton, New Jersey 08625-0230 Cooperative Purchasing Program Participants

Date: 3/1/19 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

SUBMISSION OF QUOTES

VENDOR {BIDDER} SUPPORT

MANDATORY/OPTIONAL SITE VISIT

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

VENDOR {BIDDER} RESPONSIBILITY

COST LIABILITY

CONTENTS OF QUOTE

ANNOUNCEMENT OF QUOTE INFORMATION

PRICE ALTERATION IN QUOTES

QUOTE ERRORS

JOINT VENTURE

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE ACCEPTANCES AND REJECTIONS

ELECTRONIC SIGNATURES

DEFINITIONS

GENERAL DEFINITIONS

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

SCOPE OF WORK

DESCRIPTION OF SERVICES

GEOGRAPHICAL REGIONS

USING AGENCY ENGAGEMENT PROCESS

ENGAGEMENT SUBCONTRACTORS - CLASSIFIED / PREQUALIFIED WITH DPMC

ENGAGEMENT SUBCONTRACTOR PERFORMANCE AND PAYMENT BONDS

HISTORICAL DATA

ELECTRICAL GENERATING EQUIPMENT

METERING

ROOF MOUNTED SOLAR PV ARRAYS

ROOF MONITORING – ROOF MOUNTED SOLAR PV ARRAYS

WARRANTY OF REQUIRED ROOF MODIFICATIONS – ROOF MOUNTED SOLAR ARRAYS

GROUND MOUNT SOLAR PV ARRAYS

CARPORT SOLAR PV ARRAYS

INTERCONNECTION WITH EXISTING ELECTRICAL SUPPLY

CUSTOMER SERVICE AND BILLING

QUANTITY

TITLE, POSSESSION AND CONTROL

USING DATA SHARING

ADVERSE NOTIFICATION

DECOMMISSIONING OF SYSTEM

DECOMMISSIONING SECURITY

INVOICES

BILLING AND PAYMENT

PAYMENT FOR ELECTRIC GENERATION SERVICE

UPDATED ENVIRONMENTAL DISCLOSURE LABEL

RECYCLING

OWNERSHIP, OPTION TO PURCHASE

OWNERSHIP OF EACH SYSTEM

OPTION TO PURCHASE

DETERMINATION OF FAIR MARKET VALUE

DOCUMENTS

ENVIRONMENTAL ATTRIBUTES AND ENVIRONMENTAL INCENTIVES

QUOTE PREPARATION AND SUBMISSION

GENERAL

QUOTE DELIVERY AND IDENTIFICATION

NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE

HARD COPY SUBMISSION

QUOTE CONTENT

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT

SHOULD BE SUBMITTED WITH THE QUOTE

SUBMITTALS

FINANCIAL CAPABILITY OF THE VENDOR {BIDDER}

STATE-SUPPLIED PRICE SHEET

COOPERATIVE PURCHASING PROGRAM

ORAL PRESENTATIONS

SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O

PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

BLANKET P.O. TERM AND EXTENSION OPTION

ADDITIONAL TERM AND EXTENSION OPTIONS

BLANKET P.O. TRANSITION

CHANGE ORDER

VENDOR {CONTRACTOR} RESPONSIBILITIES

SUBSTITUTION OF STAFF

SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

OWNERSHIP OF MATERIAL

SECURITY AND CONFIDENTIALITY

DATA CONFIDENTIALITY

DATA SECURITY STANDARDS

TAX RETURN DATA SECURITY

SECURITY PLAN

NEWS RELEASES

ADVERTISING

LICENSES AND PERMITS

CLAIMS AND REMEDIES

CLAIMS

REMEDIES

REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS

LIQUIDATED DAMAGES

RETAINAGE

ADDITIONAL WORK AND/OR SPECIAL PROJECTS

MODIFICATIONS AND CHANGES TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

INDEMNIFICATION

ACCESSIBILITY COMPLIANCE

BLANKET P.O. ACTIVITY REPORT

ELECTRONIC PAYMENTS

PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

SPECIAL TERMS AND CONDITIONS APPLICABLE TO THE POWER PURCHASE AGREEMENT

COMPLIANCE WITH LAWS

TAXES

IMPACT TO THE PREMISES

STANDARD FACILITY AND SYSTEM REPAIR AND MAINTENANCE

BREAKDOWN NOTICE

SUSPENSION

LIENS AND PAYMENT OF CONTRACTORS AND SUPPLIERS

SECURITY

NOTICES

MISCELLANEOUS PROVISIONS

QUOTE EVALUATION

RIGHT TO WAIVE

DIRECTOR’S RIGHT OF FINAL QUOTE ACCEPTANCE

STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES

CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION

QUOTE EVALUATION COMMITTEE

ORAL PRESENTATION

QUOTE EVALUATION

EVALUATION CRITERIA

VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET

QUOTE DISCREPANCIES

EVALUATION OF THE QUOTES

NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

“REQUEST FOR REVISION” WITHIN NJSTART

POOR PERFORMANCE

BLANKET P.O. AWARD

DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD

REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25

(FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ

SOURCE DISCLOSURE REQUIREMENTS

AFFIRMATIVE ACTION

BUSINESS REGISTRATION

FINAL BLANKET P.O. AWARD

INSURANCE CERTIFICATES

PERFORMANCE SECURITY

BLANKET P.O. ADMINISTRATION

STATE CONTRACT MANAGER

STATE CONTRACT MANAGER RESPONSIBILITIES

COORDINATION WITH THE STATE CONTRACT MANAGER

STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation is part of the NJSTART Procurement Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), before preparing and submitting its Quote.

NJSTART terminology is used throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B. Allen Equal Pay Act, which was signed into law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf the Division of Property Management and Construction (DPMC). The purpose of this Bid Solicitation is to solicit Quotes to establish a pool of prequalified Vendors {Contractors}, who will be tasked with the design, installation, maintenance and ultimate removal of Vendor {Contractor} owned Solar Photovoltaic (PV) Systems installed at various government owned sites located throughout the State. This Bid Solicitation has a term of three (3) years, pursuant to Section 5.2 below. Vendors {Contractors} who are awarded Master Blanket Purchase Orders under this Bid Solicitation will be eligible to bid on a series of projects which will be procured during the term of this Bid Solicitation.

The pool of Vendors {Contractors} will be invited to bid on a series of site specific Power Purchase Agreements (PPAs) which are expected to have a twenty (20) year term, and the potential of two

(2) five-year extensions. Pursuant to those PPAs, the Using Agency which owns the site will agree to purchase electrical power generated on-site for the term of the PPA. In each location, the Vendor {Contractor} is expected to own the PV System it installs for the duration of the PPA. The only payment to the Vendor {Contractor} will be the monthly bill for electrical energy, so Vendors {Bidders} are instructed to calculate their rates so as to capture the cost of the system, plus installation, plus any required building repairs. Pricing is set forth in more detail below pursuant to section 3.1 of this Bid Solicitation.

The intent of this Bid Solicitation is to award Master Blanket Purchase Orders (Blanket P.O.s) to those responsible Vendors {Bidders} whose Quotes, conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

A pool of up to forty (40) prequalified Vendors {Contractors} per System size category for the Northern and Southern Region will be awarded as follows:

Northern Region:

Pool 1: Small Systems <50kW Pool 2: Medium Systems >50kW and <2MW http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml https://nj.gov/labor/equalpay/equalpay.html

Pool 3: Large Systems 2MW and Greater

Southern Region:

Pool 1: Small Systems <50kW Pool 2: Medium Systems >50kW and <2MW Pool 3: Large Systems 2MW and Greater

The State of NJ Standard Terms and Conditions (SSTC) accompanying this Bid Solicitation will apply to all Blanket P.O.s made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.

The State of New Jersey (State) intends to extend the Blanket P.O.s awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. This means that the list of possible sites that will be included in the program and which may request bids for PV installation, as set forth in Attachment 1 may change, and such sites may include facilities owned by any of the Cooperative Purchasing Program participants.

In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form.

Also refer to Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendors {Bidders}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

BACKGROUND

The Division of Property Management & Construction (DPMC), Energy Initiatives Unit (DPMC-EIU) has identified a preliminary list of locations (see Attachment 1 - Location List). Generally, the State does not want to own or operate the Solar Panel Systems and prefers to purchase the power only.

In some cases, the site specific engagements may include a provision for end of term option to purchase.

The State’s goals for this Bid Solicitation are to:

Maximize life-cycle savings through lower electric rates provided by a Solar PV Power Purchase agreement (PPA);

Offset as much of the State’s electric load as possible;

Increase the resiliency of State facilities;

Incorporate Energy Storage where beneficial to the State for demand management or to participate in the revenue stream associated with grid frequency modulation;

Provide shelters for State Agencies who designate an “owner’s project requirement” for shelters;

Utilize electric utility savings to finance roof replacements, additional Energy Conservation Measures or other capital improvements;

Lessen the State’s use of non-renewable energy sources; and

Decrease the State’s carbon footprint.

Support the goals of the New Jersey Energy Master Plan

Create economic activity in the State

The State desires to maximize capacity of the generation facilities taking advantage of all opportunities consistent with current or future policies having jurisdiction within the State including Community Solar, Meter Aggregation and Net Metering while realizing the maximum savings as compared to electric rates supplied by the serving Electrical Distribution Company (EDC) and the State’s Blanket P.O. T2141 - Aggregated Purchase of Electric Supply (Commodity) Statewide. The Vendor {Contractor} shall serve on behalf of the Using Agency in accordance with the policies and procedures of the Using Agency’s EDC in order to provide supply coordination functions, including, but not limited to an interconnection agreement. The Using Agency will utilize the Vendor {Contractor} as its primary provider of Electric Generation Service and agrees to purchase all power allocated to the facility from the Vendor’s {Contractor’s} array(s) for the Using Agency’s Accounts from the EDC. Supplemental electricity purchases required by the site will continue to be purchased from the EDC or the State’s term Blanket P.O. suppliers under State Blanket P.O. T2141.

Vendors {Bidders} should also know that New Jersey Governor Phil Murphy issued Executive Order #28, which, among other things, established goals of 600 MW of energy storage by January 1, 2021 and 2000 MW of storage by January 1, 2030. To the extent possible, the State wishes to incorporate energy storage into certain projects under this Bid Solicitation. Vendors {Bidders} should have a proven track record with solar and storage projects including references to completed projects using the same technologies as those that will be proposed in site specific Engagements.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” tab of the Bid Solicitation in NJSTART.

A. Questions should be directly tied to the Bid Solicitation and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation; and

B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the Quick Reference Guide (QRG) “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments {Addenda} to this Bid Solicitation, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

(See Bid Solicitation Section 1.4.1 for further information.)

EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions and exceptions regarding the State of New Jersey Standard Terms and Conditions (SSTC) and exceptions to mandatory requirements must be posed during the Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.

SUBMISSION OF QUOTES

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time.

Vendors {Bidders} shall submit a Quote either electronically through NJSTART or via hard copy.

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE

REJECTED. THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID

SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION

WEBPAGE WITHIN NJSTART.

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING

DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE

“SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

VENDOR {BIDDER} SUPPORT

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains QRGs, supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

A Mandatory/Optional site visit is not applicable to this Bid Solicitation. However; there will be a mandatory site visit for each site specific Engagement after Blanket P.O. award.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.

There are no designated dates for release of Bid Amendments. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging mailto:njstart@treas.nj.gov the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON

THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” tab on a daily basis to ensure review of the most updated information.

VENDOR {BIDDER} RESPONSIBILITY

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS OF QUOTE

Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1.1 et seq., or the common law right to know.

After the opening of sealed Quotes, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempt from public disclosure by OPRA and/or the common law. When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion.

Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE ALTERATION IN QUOTES

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. award from being made to the Vendor {Bidder}.

QUOTE ERRORS

In accordance with N.J.A.C. 17:12-2.11 “Proposal errors,” a Vendor {Bidder} may withdraw its Quote as described below.

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction.

QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote be withdrawn prior to the Quote opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

NJSTART and Hard Copy: If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O.

awardee is found, the Director or his/her designee shall issue written notice to the Vendor {Bidder}.

The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections

4.4.1 and 4.4.2 of this Bid Solicitation.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions.

The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

DEFINITIONS

GENERAL DEFINITIONS

The following definitions will be part of any Blanket P.O. awarded or order placed as a result of this Bid Solicitation.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O.

requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. Bid Amendments, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Discount – The standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

Project – The undertakings or services that are the subject of this Bid Solicitation.

QRGs – Quick Reference Guides.

Quote – Vendor’s {Bidder’s} timely response to the Bid Solicitation including, but not limited to, technical Quote, price Quote, and any licenses, forms, certifications, or other documentation required by the Bid Solicitation.

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

Should – Denotes that which is permissible or recommended, not mandatory.

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and

(C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR

121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order.

State-Supplied Price Sheet – the bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits it proposal pricing as is referenced and described in Bid Solicitation Section 4.4.5.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

Vendor {Bidder} – An entity offering a Quote in response to the Division’s Bid Solicitation.

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

Acceptable Security Instrument – May be any one or more of the following, in the State’s discretion:

(a) A surety bond naming the State of New Jersey as obligee, issued by a company on the list of approved bond sureties maintained by the New Jersey Department of Banking and Insurance. The bond shall remain in force for the entire term of this Agreement. The bond may include a provision authorizing the surety to cancel on ninety (90) days’ notice, conditioned upon the Vendor {Contractor} providing the State with a substitute decommissioning bond or other acceptable bond instrument no later than thirty (30) days before the effective cancellation date of the existing bond. Should the Vendor {Contractor} fail to provide such substitute bond or instrument, the State shall be entitled to make immediate demand upon the surety for the entire penal sum of the bond as liquidated damages to cover the anticipated cost of decommissioning.

(b) Cash or cashier’s or certified checks.

(c) An irrevocable letter of credit issued by a bank or financial institution authorized to do business in the State of New Jersey.

(d) Establishment of a trust or escrow account into which the Vendor {Contractor} shall make monthly deposits of such sufficient amount (as determined by the third-party consultant retained per paragraph 3.16.1 of this Agreement) to cover the estimated anticipated cost or decommissioning. Any balance of funds remaining in the account after decommissioning shall be returned to the Vendor {Contractor}.

(e) Any other form of security as may be mutually agreed upon by the State and the

Vendor {Contractor}.

Annual Escalation Rate – The fixed percentage that the Total Rate may increase every year on the anniversary of the Commercial Operation Date.

Balance of System (BOS) - Those components of a Photovoltaic (PV) System other than the photovoltaic panels. This includes but is not limited to wiring, switches, a mounting system, safety equipment, power conditioning equipment, metering equipment, one or many solar inverters, a battery bank and battery charger.

Base Rate – That rate for electricity charged to the Using Agency by the Vendor {Contractor} for power generated by on site Solar PV panels in response to this Bid Solicitation, and as set forth in the attached price schedule. The Base Rate will not change from site to site, and will only vary by size of installation (small, medium or large) or by the mounting method (roof, ground, carport). Site specific adjustments are reflected in the Rate Adder, defined below.

Blanket P.O. Year - The twelve (12) month period beginning at 12:00 AM on the Commercial Operation Date or on any anniversary of the Commercial Operation Date and ending at 11:59 PM on the day immediately preceding the next anniversary of the Commercial Operation Date, provided that the first Blanket P.O. Year shall begin on the Commercial Operation Date.

Change in Law - Any of the following acts, events or circumstances to the extent that compliance therewith materially increases Vendor’s {Contractor’s} cost of performing or scope of obligations under this Blanket P.O.: (i) the adoption, amendment, promulgation, issuance, modification, repeal or written change in administrative or judicial interpretation of applicable law after the Effective Date;

(ii) the order of any Governmental Authority issued after the Effective Date (unless such order is issued to enforce compliance with applicable law which was effective as of the Effective Date) to the extent such order or judgment is not the result of willful or negligent action, error or omission of the Party that is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or the lack of reasonable diligence; and (iii) denial of an application for, a delay in the review, issuance or renewal of, or the suspension, termination or interruption of any governmental approvals, or the imposition of a term, condition or requirement which is more stringent or burdensome than this Blanket P.O.

requires in connection with the issuance, renewal or failure of issuance or renewal of any governmental approval, to the extent that such occurrence arises after the Effective Date and is not the result of willful or negligent action, error or omission of the Party that is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such occurrence shall not be construed as such a willful or negligent action.

Commercial Operation Date - The date Vendor {Contractor} gives the State written notice that the System is mechanically complete and capable of providing electric energy to the Delivery Point.

Such notice shall be deemed effective unless the State reasonably objects within twenty (20) days of the date of such notice.

Community Solar - Solar facilities shared by multiple community subscribers who receive credit on their electricity bills for their share of the power produced. Incorporation of Community Solar into projects is subject to BPU policies and programs that may be in place at the time of the engagement.

Construction Phase - That period of time beginning with award of the Facility-Specific Engagement, or the PPA, to a Vendor {Contractor}, and ending on the Commercial Operation Date.

Construction Phase is intended to cover that time period when the Vendor {Contractor} is obligated to install and set up the System, but before the System is capable of providing full electrical service to the Facility.

Definitions and Interpretation - Unless otherwise defined or required by the context in which any term appears: (a) the singular includes the plural and vice versa; (b) the words “herein,” “hereof” and “hereunder” refer to this Blanket P.O. as a whole and not to any particular section or subsection of this Blanket P.O.; (c) references to any agreement, document or instrument mean such agreement, document or instrument as amended, modified, supplemented or replaced from time to time; and (d) the words “include,” “includes” and “including” mean include, includes and including “without limitation.” The captions or headings in this Blanket P.O. are strictly for convenience and shall not be considered in interpreting this Blanket P.O.

Decommissioning - The process for removing an abandoned solar panel system and remediating the land/grounds/roofs, which will be provided by Division of Property Management and Construction (DPMC). The removal of infrastructure, disposal of any components, and the stabilization and re-vegetation of the site. For rooftop systems, the roof must be left as leak proof as it was prior to removal of the System and shall be flashed and/or patched to existing roof specifications. The Vendor {Contractor} shall leave the Facility in neat and clean order. The Balance of System shall be removed consistent with the Interconnection Agreement with no equipment abandoned in place. When decommissioning canopy installations, foundations shall be removed, curbing or paving shall be patched and repaired consistent with the specifications that accompanied the initial installation. The site specific decommissioning requirements will be fully described in the mini-bid documents for those sites.

Delivery Point – The location of the approved interconnection to the electrical distribution grid.

DPMC – The Division of Property Management and Construction located within the Department of the Treasury.

DPMC-EIU – DPMC’s Energy Initiative Unit.

Dual Billing – Separate invoicing to the State for the commodity of electric power and the transmission of that power over the same service period.

EDC – Electrical Distribution Company.

Electronic Data Interchange (EDI) - A standard format for exchanging business data electronically. The standard is ANSI X12 and it was developed by the Data Interchange Standards Association. ANSI X12 is either closely coordinated with or is being merged with an international standard, EDIFACT.

Electric Generation Service - The provision of retail electric energy and capacity which is generated on-site or off-site from the location at which the consumption of such electric energy and capacity is metered for retail billing purposes, including agreements and arrangements related thereto.

Energy Storage – The capture of energy produced at one time for use at a later time. A device that stores energy is generally called an accumulator or battery. Energy comes in multiple forms including radiation, chemical, gravitational potential, electrical potential, electricity, elevated temperature, latent heat and kinetic. Energy storage involves converting energy from forms that are difficult to store to more conveniently or economically storable forms.

Engagement – A written request of the Vendor {Contractor} to provide services based on the scope of work given by the Using Agency or DPMC.

Environmental Attributes - Any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the System, the production of electrical energy from the System and its displacement of conventional energy generation, including: (a) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (b) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; and (c) the reporting rights related to these avoided emissions, such as Green Tag Reporting Rights and Renewable Energy Credits.

Green Tag Reporting Rights are the right of a party to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party, and include Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Environmental Attributes do not include Environmental Incentives and Tax Credits. Without limiting the generality of the foregoing, Environmental Attributes include carbon trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags tradable renewable credits and Green-e® products.

Environmental Incentives - Any and all credits, rebates, subsidies, payments or other incentives that relate to self–generation of electricity, the use of technology incorporated into the System, environmental benefits of using the System, or other similar programs available from the Utility, any other regulated entity, the manufacturer of any part of the System or any Governmental Authority.

Energy Service Provider (ESP) – Any Energy Service Provider including the local…