OUSD - Chapter 6 Design Build Contract For PV System
OUSD - Chapter 6 Design Build Contract For PV System
OUSD - Chapter 6 Design Build Contract For PV System
Chapter 6
Design-Build Contract
for Photovoltaic System
Installation
Chapter Six
Procuring a commercial-scale solar photovoltaic (“PV”) system for a school district can
and should be a solid investment for the district. PV systems should reduce utility costs
for several decades and protect the district against rising electricity costs. Nevertheless,
the landscape of solar PV procurement is dotted with projects in which the cost-saving
potential of solar PV was not fully realized. Some school districts have ended up
signing sole-source contracts with a solar vendor but without qualified assistance in
crafting the contract terms or negotiating the pricing. In many cases, the results have
been PV installations that are more expensive than they need to be; not as well designed,
constructed, and maintained as they ought to be; and contracts that do not obligate the
vendor to do proper operations and maintenance (O&M) and performance monitoring.
Conducting a competitive procurement for design-build solar PV systems – if the
procurement process is done rigorously and with the assistance of experienced,
knowledge-based advisors or consultants – helps ensure competitive pricing, contractual
protection, and successful system performance.
While districts that have relatively large installations planned (i.e., ~1 MW or larger) are
likely to benefit from professional assistance in developing an RFP and evaluating
proposals, districts that are considering smaller installations may find it more difficult to
justify the cost of professional assistance and decide to carry out the RFP process on
their own. The Request for Proposals (RFP) template that follows will help a district
that opts to procure a PV system without the help of a consultant in avoiding some of the
pitfalls experienced by other school districts. In addition, some districts have created
internal solar committees composed of interested and informed community stakeholders
to review smaller projects. KyotoUSA is also available to provide suggestions and
recommendations to any interested school district regarding where to get help.
The template integrates features from RFPs for several successful school district solar PV
procurements in California. No single RFP will work best for all districts. Each
district and its advisors from whom this template was assembled included or excluded
certain components from the RFP to achieve that district’s particular goals. The number,
size, and types of PV systems that the district seeks will influence the RFP content. So
too will the market conditions, the local utility’s rate structures (including whether there
is a “solar friendly” rate structure), whether or not the district has or expects to secure
solar incentives, specific external regulatory and legal requirements, and the district’s
own legal and procurement requirements and particular procurement strategy. For all
these reasons, this RFP template should simply be a starting point for your district’s
specific PV project.
Taking this RFP template from its current form to one ready for issuance by an
individual district to solar PV vendors may require assistance from one or more experts
knowledgeable about PV procurement and contracting as well as rate and economic
analysis. Important judgments will need to be made both in crafting the RFP and in
evaluating the resulting proposals. Analysis and evaluation should also be done pre-
RFP ( i.e., regarding the district’s current and projected electricity usage patterns, the
potential for switching to alternate electric rate structures, the potential to feed solar
electricity into the utility grid and any associated limitations, and estimates of optimally
sized solar PV systems), and post-RFP (i.e., evaluating on a comparable basis the various
proposals in terms of each firm’s strength, experience, proposed system designs, O&M
agreements, and performance guarantees). A good consultant and a good attorney,
each with the requisite experience, knowledge, and skills, generally pay for themselves
on projects as large as 1,000 kW (1 MW) or more.
The consultant will provide significant value by: (a) writing an RFP that fits the needs,
circumstances, and goals of the district; (b) providing an integrated analysis of system
sizes and outputs, rates, and expected solar PV savings in order to solicit the systems that
offer the best cost-savings potential; (c) designing strong long-term performance
guarantees; (d) designing the RFP and reviewing the proposals in such a way that a clear
“apples-to-apples” comparison can be made, which will facilitate the selection of the
truly superior vendor/proposal/system; (e) conducting scenario analyses of different PV
systems under different utility rate forecasts; (f) discovering pertinent information
about the competing vendors through the RFP, interviews, reference checks, and the
consultant’s prior knowledge and experience; and (g) bringing all this analysis to bear in
contract negotiations.
The attorney will provide value by ensuring that the commitments made in the proposal
are carried into the contract; that the contract complies with public contract codes and
all other applicable regulations, laws, and standards; and that the resolution of
negotiable and open-ended issues reflect an overall fair balancing of issues from the
district’s perspective. Although it is somewhat risky to generalize about costs, it is not
unusual for qualified consultant services to cost 1 to 2% of the overall contract cost.
Attorney services may be more expensive per hour, but attorneys typically are needed for
much less time than the consultant because an attorney’s involvement is primarily or
even solely during contract negotiations. Attorneys’ fees can thus be expected to be less
than consulting fees.
1. setting the bar high enough in terms of the amount and quality of information
required so that the resulting proposals provide the district with enough
specificity about what is being proposed and enough information about the
vendor, and
2. not setting the bar so high that vendors are dissuaded from putting in the effort
to develop a responsive proposal.
Setting the bar at the right level requires thoughtfulness throughout the drafting of the
RFP. For example, generally, the more lucrative the business opportunity – i.e., the
larger and pricier the system being procured – the more a district can require of RFP
respondents without dissuading them from preparing proposals. Similarly, an RFP
seeking proposals for many different school sites generally imposes greater demands on
the respondents, so, all other factors being equal, it might be prudent in such cases to
require less technical specificity in proposals. A district might be interested in receiving
alternate proposals for a given site; the district should consider whether the extra work
required of the responding vendors to prepare alternate proposals appears justified by
the relative attractiveness (i.e., the profit potential) of the business opportunity.
The RFP template is written for a district that intends to pay for the PV system up front,
with its own capital or financing it has secured or a combination of the two. Districts
interested in considering a power purchase agreement (PPA), in which the district does
not own the PV system but merely “hosts” the system and purchases the electricity
output from the system’s owner, would need to supplement this RFP template with
additional language specifying the PPA arrangements the district may be seeking.
The RFP template is written to suit a variety of circumstances that an individual district
might encounter. When using the template, the district should make the language quite
specific so that it is easier for the responding vendors to know what the district is and is
not interested in considering. Preparing complete, responsive proposals is a lot of
work; the last thing an RFP should be is so vaguely written that it scares off reputable,
high-quality, competitive vendors or results in proposals that fail to meet the district’s
needs. In the latter case, a district may have to reissue a rewritten, better-scoped RFP,
which is time consuming and can impose significant extra costs.
Performance Guarantee
Having a performance guarantee as part of a district’s contract with the winning solar
vendor can provide a strong measure of long-term performance assurance and thus
instill confidence in the district’s decision makers that the winning vendor’s electricity
production claims will be achieved. A strong performance guarantee provides an
incentive to the solar vendor to keep the PV system in good repair, minimize the system’s
down time, and keep the PV modules clean.
It goes beyond the scope of this discussion to address details of a strong performance
guarantee. The important point to remember is that a performance guarantee should
obligate the solar vendor to compensate the district monetarily whenever the value of the
PV system’s actual production is less than an agreed-upon minimum value, such as the
95% level specified in this RFP template. A contract may also be negotiated that
contains an even higher minimum value, or, perhaps, a lower one. The “value” of the
solar PV system is primarily based on the electricity bill reduction that results from the
PV system’s actual electricity production. If a district has secured a performance-based
incentive, the value of the PV system would also include the monetary value of the
incentive. If a district has the ability and inclination to sell Renewable Energy Credits
(RECs) produced by its PV system, a performance guarantee could also include RECs as
one of the value components.
Key issues to address in crafting a performance guarantee, and a brief example of how
these issues may be addressed, include the following:
• the likelihood that electricity rates will rise significantly over the long term (it is
typical to include a set utility rate “escalator” in which the starting utility rate
increases by a specified percentage each year – say, 3-4% per year, based on
historical records – of the guarantee period, thereby increasing the value of the
solar output in later years)
• the fact that electricity is generally valued on a time-of-use basis, making some
periods of solar production more valuable than other periods (a reasonable
approach is to use the expected hourly production profile of the solar PV system
to calculate the annual weighted average time-of-use “avoidance” rate)
• both planned and unplanned system outages (it is reasonable to hold the vendor
harmless for “acts of god” and “acts of utility” while making the vendor
responsible for outages related to its own maintenance activities and to
equipment failures)
• generally expected degradation in the PV cells over time (it is typical to build in
0.5% output degradation per year of PV system operation).
Figure 1 depicts key elements of a successful solar PV RFP process. Paying careful
attention to each element will go a long way toward achieving a successful outcome. It
is equally important to address each piece in view of and in coordination with all other
related pieces. Finally, it is vitally important to have someone in charge of and driving
each of the RFP process components, as well as an overall project manager keeping the
total RFP process in view and championing its successful outcome with an eye toward
procuring the best value PV system possible. Good luck!
1
SEQUOIA FOUNDATION - SOLAR SCHOOLS
ASSESSMENT AND IMPLEMENTATION
PROJECT (SSAIP)
1
RFP Template: Design-Build Contract for PV System Installation
Acknowledgements
This work was made possible by technical assistance provided through the Solar America Showcases
program of the U.S. Department of Energy (DOE) Solar Energy Technologies Program.
The author is grateful for the guidance and review provided by Tom Kelly and Alicen Kandt.
Alicen Kandt
National Renewable Energy Laboratory
alicen.kandt@nrel.gov
(303) 384-7518
The author would like to express particular thanks to Clyde Murley for his reviews of this work and
for generously sharing sample documents, knowledge, and lessons learned specific to solar RFPs for
schools in California upon which much of this document is based.
Clyde Murley
Consulting on Energy and Environment
1031 Ordway Street,
Albany, California 94706
clyde.murley@comcast.net
(510) 528‑8953
Author Information:
Deb Beattie
National Renewable Energy Laboratory
deb.beattie@nrel.gov
(303) 384-7548
TABLE OF CONTENTS
Introduction ................................................................................................................................................. 1
Section 1: Overview, Objective and Site Information ............................................................................... 2
Objective ................................................................................................................................................... 2
Site Information ....................................................................................................................................... 2
Section 2: Solicitation Process .................................................................................................................... 4
RFP Schedule: .......................................................................................................................................... 4
District Modification to RFP: .................................................................................................................. 5
No Oral Clarifications/Modifications: ..................................................................................................... 5
Public Records: ......................................................................................................................................... 5
Errors/Discrepancies/Clarifications to RFP: .......................................................................................... 5
Section 3: Assumptions and Project Requirements ................................................................................... 7
Project Assumptions ................................................................................................................................ 7
Compliance with Laws and District Construction Procedures ............................................................. 7
Codes and Standards ............................................................................................................................... 7
Warranty and Service Contract Requirements ...................................................................................... 8
Section 4: Submittal Requirements ............................................................................................................ 9
Transmittal Letter ................................................................................................................................... 9
Qualifications ........................................................................................................................................... 9
Company Information .......................................................................................................................... 9
Solar Project Experience .................................................................................................................... 10
Proposed Solar PV systems ................................................................................................................... 11
Technology Overview ......................................................................................................................... 11
System Components ........................................................................................................................... 11
Project Implementation Schedule ..................................................................................................... 12
System Performance Monitoring, Warranty and Service Contract .................................................... 12
Performance Estimation .................................................................................................................... 12
Performance Verification & Monitoring ........................................................................................... 12
System Maintenance and Support .................................................................................................... 12
Performance History .......................................................................................................................... 13
Warranties and Service Information ................................................................................................ 13
Performance Guarantees ................................................................................................................... 13
Contract .............................................................................................................................................. 13
Pricing and Performance Information .............................................................................................. 13
RFP Template: Design-Build Contract for PV System Installation
INTRODUCTION
A Request for Proposal (RFP) process requires development of a package with essential information,
well defined objectives, and evaluation criteria that will enable potential vendors to provide high
quality/high value proposals at competitive pricing. The RFP can be targeted to local businesses or
cast wider to state or national vendors. When the focus of the RFP is performance, then the criteria
slanted toward “best value” will be more effective than “lowest price.” 1
A performance-based design-build RFP will describe specific “end-state” and performance objectives.
The following are a few key objectives of a Design-Build RFP:
The use of an experienced renewable energy projects consultant familiar with California schools is
recommended and may be instrumental in ensuring incentive requirements are met and impact to
schools is minimized. Schools may also benefit from keeping the following elements under
consideration throughout the RFP process:
1Clyde Murley; Solar Program Manager, Community College League of California; Spring 2011
ACBO Conference; May 16, 2011
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RFP Template: Design-Build Contract for PV System Installation
SITE INFORMATION
For the sake of the RFP the term “District” will be used to mean the implementing school district.
The District is looking for the best combination of price including cost per unit output; technology;
post-construction services, experience and proven performance; qualifications; optional items such as
educational opportunities and customer kiosk; and overall thoroughness of proposal and
responsiveness to the RFP. In making its solar PV vendor selection, the District reserves the right to
take these factors into account as it sees fit.
The District’s award of contracts, if at all, will be made in accordance with applicable statutory
requirements and will be based on the Contractor’s skill, experience, qualifications, proven
performance, cost, value, operations and maintenance support, guarantee of stated kWh performance
of the PV system, overall thoroughness of proposal and responsiveness to this RFP.
The District will acquire the Project from the Contractor pursuant to a Design-Build Contract (DBC)
entered into with the Contractor selected through this RFP process. The DBC will be on a District
provided form.
The District will own the Project and intends to finance the direct purchase through the use of
District Funding, General Obligation Bonds, Federal Bonds, or Tax Exempt Leasing as they may be
available. Responses to this RFP that offer a Power Purchase Agreement (PPA) or other ownership
model will be considered non-responsive and will not be reviewed. Additionally, the District intends
to secure incentives through Pacific Gas and Electric (PG&E) or other electricity utility under the
California Solar Initiative (CSI). RFP respondents are responsible for ensuring that any proposed
system is in compliance with the requirements of the CSI program (see California Solar Initiative
Program Handbook, published by the California Public Utilities Commission (CPUC), for further
details on the CSI).
When a low interest federal bond is being used, e.g. Qualified School Construction Bonds (QSCB)
and/or Clean Renewable Energy Bonds (CREB), an objective of the District is that the electric
savings combined with any incentives cover re-payment of the (bond type) within the bond
repayment period.
2 Clyde Murley
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RFP Template: Design-Build Contract for PV System Installation
The District is considering one solar installation with the location currently undetermined to be
selected based on the most cost effective investment in solar including annual electric bill reduction,
space, technology, and solar incentives including CSI opportunities.
For purposes of the RFP, the District has identified areas on school roofs and/or parking lots that are
available for PV installations. Respondents should confine their proposals to the use of these areas.
[See appendix A]
The following school sites are being considered for the project:
1 2 3
School Name
Street Address
City
Annual Electricity Usage (kWh)
Annual Cost
Rate (PG&E Electric Rate)
The District generally expects the selected location and system size to be optimized based on the
available space, incentives, solar resource, and project economics with consideration given to long-
term system operations and maintenance, performance, and impact to roofs and infrastructure.
[Insert statement about easement or other agreement for system access for future O&M if included]
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RFP Template: Design-Build Contract for PV System Installation
Responses to the RFP are due no later than [Date and Time]. Responses submitted after this date
and time cannot be accepted, and responses that are incomplete or do not conform to the
requirements of this RFP will not be considered.
All questions to this RFP must be received by [Date and Time ~ 2 weeks prior to the RFP due date
and directed by email to
[Contact Name]
[Office Title]
[Email address]
RFP SCHEDULE:
Milestone Date & Time
Request for Proposal released to vendors
Vendors’ conference and site visit
Written questions due
Answers delivered
Proposals due
Interviews of short-listed respondents
Update District “Board” and request direction to negotiate with firms in
order of ranking
Conclude contract negotiations
Board considers / approves final solar contract
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RFP Template: Design-Build Contract for PV System Installation
The District reserves the right to interview any or all respondents to this RFP, or to ask for
additional information or clarifications. The District reserves the right, at its sole discretion, to
accept a response that does not satisfy all requirements but which, in the District’s sole judgment,
sufficiently demonstrates the ability to produce, deliver, design, permit and install grid-connected PV
projects and to satisfy the major requirements set forth in this RFP. The District reserves the right
to change the above schedule.
NO ORAL CLARIFICATIONS/MODIFICATIONS:
The District will not provide any oral clarifications or modifications to the RFP or the requirements
hereof; no employee, officer, agent or representative of the District is authorized to provide oral
clarifications or modifications to the RFP. No respondent shall rely on any oral clarification or
modification to the RFP.
PUBLIC RECORDS:
Except for materials deemed Trade Secrets (as defined in California Civil Code §3426.1) and
materials specifically marked “Confidential” or “Proprietary”, all materials submitted in response to
this RFP are deemed property of the District and public records upon submission to the District. The
foregoing notwithstanding, the District may reject for non-responsiveness the RFP response of a
respondent who indiscriminately notes that its RFP response or portions thereof are “Trade Secret”,
“Confidential”, or “Proprietary” and exempt from disclosure as public record. The District is not
liable or responsible for the disclosure of RFP responses, or portions thereof, deemed to be public
records, including those exempt from disclosure if disclosure is by law, by an order of a court of
competent jurisdiction, or which occurs through inadvertence, mistake or negligence on the part of
the District or its agents or representatives. If the District is required to defend or otherwise respond
to any action or proceeding wherein request is made for the disclosure of the contents of any portion
of a RFP response deemed exempt from disclosure hereunder, by submitting a response to this RFP,
each respondent agrees to defend, indemnify and hold harmless the District in any action or
proceeding from and against any liability, including without limitation attorneys’ fees arising there
from. The party submitting materials sought by any other party shall be solely responsible for the
cost and defense in any action or proceeding seeking to compel such disclosure of such materials; the
District’s sole involvement in any such action shall be that of a stakeholder, retaining the requested
materials until otherwise ordered by a court of competent jurisdiction.
ERRORS/DISCREPANCIES/CLARIFICATIONS TO RFP:
If a respondent: (i) encounters errors or discrepancies in this RFP or portions hereof; or (ii) requires
clarifications of any portion of the RFP, the respondent shall immediately notify (insert contact
name, title, email address). Responses of the District to the notice of any errors or discrepancies
herein, or request for clarification will be in writing; if, in the sole judgment of the District, any
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RFP Template: Design-Build Contract for PV System Installation
clarification response affects the RFP or other respondents, the District will issue the clarification
response by a written addendum distributed to all potential respondents who have theretofore
obtained this RFP from the District.
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RFP Template: Design-Build Contract for PV System Installation
• Access during [allowable working hours], with vendor responsible to meet the District safety
and security requirements.
• Required completion [date].
• Assume CSI Performance Based Incentive (PBI) will be [designate incentive including cost
per kWh incentive for initial five years of operation of government owned solar systems]. The
District may, at its discretion, submit the CSI reservation prior to, or at the conclusion of the
RFP process. The winning bidder will be responsible for the coordination of the submission
and/or completion of the CSI reservation process.
• Division 2, part 7, chapter 1 (commencing with section 1720) of the California Labor Code,
which requires payment of prevailing wages and regulates working hours.
• Project Labor Agreement requirements of the District’s Bond Construction Program.
• Sections 11135 and 12940 of the California Government Code, which prohibit employment
discrimination on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, or sex. Workers’ safety laws,
including but not limited to regulations promulgated by Cal-OSHA.
Contractor is expected to be inclusive in any proposal obtaining all necessary permits, including but
not limited to permits required by the State of California; and shall pay all taxes and regulatory fees
including interconnect processing cost.
• All equipment provided, where applicable (e.g. PV modules, inverters and meters) must meet
the equipment certification and eligibility requirements of the current California Solar
Initiative or its successor.
• If PV modules using hazardous materials are to be provided by the respondent, then the
environmental impact of the hazardous material usage must be discussed, including any
special maintenance requirements and proper disposal/recycling of the modules at the end of
their useful life. Modules containing hazardous materials must comply with the EPA Landfill
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RFP Template: Design-Build Contract for PV System Installation
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RFP Template: Design-Build Contract for PV System Installation
QUALIFICATIONS
COMPANY INFORMATION
Company Profile
• Year founded
• Status (private or publicly held)
• Number of employees (full-time, excluding contractors)
• Number of employees in California (full-time, excluding contractors)
• Total revenue and Megawatt Peak (MWp) installed for the past three (3) years.
• Local office location.
• Provide a list of all California State Contracting Licenses, including classification and
number
• As applicable, list the name and license number of at least one full-time employee that is a
professional engineer in each of these disciplines:
o Electrical
o Structural
o Mechanical
Financial Performance
• If public, provide a website link to your audited annual investment reports. If private, the
short listed companies will be asked to provide audited financial statements for the past two
(2) years. The statements will be audited with the firm present and the firm will be allowed
to take statements after the review.
Legal
• If applicable, provide a summary of the issues and the status of any lawsuit your firm or any
executive officers of your firm have been a party to involving the performance of any
equipment it has installed.
Project Team
• Identify and provide full contact information for the Proposal Team leader.
• Identify each business entity, person or firm involved in the proposal and their role (e.g.
design, installation, permitting, equipment supply by component, operations and
maintenance)
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RFP Template: Design-Build Contract for PV System Installation
• Provide resumes of personnel directly involved with the development of the proposed systems
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RFP Template: Design-Build Contract for PV System Installation
TECHNOLOGY OVERVIEW
• Provide a detailed description of the complete system proposed for each of the schools
identified in this RFP.
• Indicate the specific location, dimensions, and “footprint” of each proposed system.
• Indicate system size in both kWp (dc) and kW (ac) terms, based on applicable California
Energy Commission conventions.
• Describe the key design and construction features of the systems that serve to optimize
performance and aesthetics on each site.
• Provide details of mounting system. Identify any products or mounting strategies unique or
proprietary to the respondent.
• When roof mounted, consider technologies that minimize or eliminate roof penetrations;
include a warranty letter demonstrating an established working relationship with the
roofing manufacturer or installer to provide integrated consultation to maintain roof
integrity.
• Describe any identified issues or challenges and provide detailed strategies for resolution.
• Provide anti-theft/anti-vandalism measures as a separate line item for each site considered.
SYSTEM COMPONENTS
PV Modules
Inverters
• Describe each type of mounting system proposed, and its features to optimize performance
and to enhance aesthetics at each school site.
• Describe system capability to minimize or eliminate roof penetrations.
• Describe specific activities to maintain roof integrity.
• Do you manufacture your own mounting system?
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RFP Template: Design-Build Contract for PV System Installation
PERFORMANCE ESTIMATION
• How many of your employees are dedicated to PV system performance estimation, and what
is their FTE equivalent?
• Provide resumes of your employees engaged in system monitoring.
• Do you own, maintain, and update your own estimation tool? If so, provide a detailed
description of the tool and the associated performance estimation methodology, including but
not limited to weather assumptions. If not, identify and provide a detailed description of the
modeling tool your company uses to estimate PV system performance, and its associated
performance estimation methodology, including but not limited to weather assumptions.
• Provide a detailed description of the methodology and procedures used, and research
conducted to ensure accuracy and calibration of performance modeling.
• Provide a detailed plan for performance verification and monitoring including methodology,
end-user interface, low performance alerts.
• At a minimum, provide web-based performance verification and monitoring service for 5
years with four 5 year options.
• Describe proposed system performance monitoring and customer access of historical data via
secure website.
• Provide as a line item option, a customer kiosk; demonstrate strategy for educational
opportunity and show production and consumption information.
• Provide the number of employees employed by your firm in charge of system monitoring and
their associated FTE equivalent.
• Provide resumes of individuals in system monitoring.
• Provide the number of operational systems under management.
• Provide a complete description of the scope and price of the proposed maintenance of the
Project,
• Provide a detailed description of Contractor’s relevant prior experience performing system
maintenance. Highlight distinguishing elements of the services to be provided that will
benefit the District and optimize system performance.
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RFP Template: Design-Build Contract for PV System Installation
PERFORMANCE HISTORY
• For the systems maintained by the proposed maintenance firm, what is the average system
availability?
• Provide at least three years of actual system energy production data that demonstrates
system performance and availability, and indicates the degree of accuracy of predicted
performance, for at least five existing grid-connected PV projects similar to the proposed
project.
PERFORMANCE GUARANTEES
Provide detailed descriptions and price impact for solar PV output performance guarantees. Submit
actual contract language to be used for a performance guarantee including your standard terms for
such guarantees. Performance guarantee should target 95% annual estimated output for ten years
with three 5 year options.
CONTRACT
The District will provide a Design-Build Contract form to a short-listed group of firms or to the top-
ranked firm(s) during the District’s evaluation process.
The applicable measure of cost effectiveness is the expected 25-year electric bill savings compared to
the non-solar option. Consider:
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RFP Template: Design-Build Contract for PV System Installation
2) Provide results of calculations for both a utility rate escalator of 4.5% per year and 3% per
year.
3) CSI and other available incentives; and associated participation deadlines;
4) Pre-solar electric bill; and the avoided electricity costs including savings from consumption
($/kWh) and where applicable savings from demand charges ($/kW);
5) Specify all other assumptions including any assumed tariff switch following the installation
of the PV system and provide information supporting permissibility of the switch.
The proposed price for each school should reflect any and all cost savings, incentives, and price
discounts. All pricing elements should be well described with assumptions and calculations included.
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RFP Template: Design-Build Contract for PV System Installation
6) State any additional assumptions made in the course of developing responses to 1) through 5)
Provide recommendation for the school and system(s) that achieve the best overall economics and
provide supporting discussion and analysis. Provide calculations and analyses in working, formula-
based Excel spreadsheets.
Provide recommendations for added-value line items the District may consider including
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RFP Template: Design-Build Contract for PV System Installation
For each school to be considered in the District, the RFP should provide:
• School Name,
• Location, and
• Estimated Gross Available Area (square feet)
• Picture with available area highlighted
• Site Solar Assessment
o Site specific notes related to the potential project
o Identify potential obstructions e.g., trees, other buildings
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RFP Template: Design-Build Contract for PV System Installation
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RFP Template: Design-Build Contract for PV System Installation
Provide data for schools within the District to be considered or provide a website where data can be
downloaded.
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RFP Template: Design-Build Contract for PV System Installation
3 Clyde Murley
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RFP Template: Design-Build Contract for PV System Installation
documents available for download; save potential bidders time and resources if only
accepting local vendors;
7. Describe the RFP timeline – include dates for RFP release, submitting RFP questions,
question responses published, proposal submission, notification of finalists, finalist
interviews, selection, contract signed;
8. Review proposal responses starting with an initial read-through with attention to their
proposed solution;
9. Narrow the field based on key criteria such as vendor experience and track records;
discussions with contact references; and appraisal of sample work;
10. Invite the short list to present their solution to your evaluation team;
11. Score the responses and make a selection;
12. The proposal is a starting point, use as-is or refine the details, finalize deliverables and
schedules, and include them in the contract as an addendum;
13. Negotiate and sign the contract.
LESSONS LEARNED 4
Lesson 2: Require a proper analysis of electrical rates; compare actual utility rate schedules with
expected/derived hourly solar production; research solar-favorable tariffs.
Lesson 3: Determine cost effectiveness; most solar PV will pay off during the operating lifetime of
the solar system. Don’t rely on solar vendors’ analyses alone; get a year’s worth of hourly solar
production estimates from your vendors; obtain informed estimates of future electricity costs,
surcharges, and Renewable Energy Credit values. Incorporate long-term maintenance and
equipment replacement costs.
Lesson 4: Require strong performance monitoring; evaluate vendors’ monitoring capabilities and
track records; visit the facilities of finalist vendors to observe their monitoring system for existing
customers; request performance data from past customers; and tie monitoring to corrective response
in your contract.
LESSON 5: Evaluate performance guarantee options; determine the value of the guarantee as
written and how much it cost; tie guarantees to both lost utility bill savings and lost solar incentive
savings.
LESSSON 6: Educate along the way; support your implementation team and decision makers with
knowledge and examples; and clarify the benefit/cost/risk of solar against the status quo, e.g.
continuing to get all your electricity from the utility.
LESSON 7: Engage an Expert; partner with an experienced consultant to write your RFP; assist
with proposal evaluations, meeting with utilities, understanding tariffs, rates, and incentives; and to
support all of the phases of the project through construction and performance testing.
4 Clyde Murley
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RFP Template: Design-Build Contract for PV System Installation
LESSON 9: Include performance based operations and maintenance and review system performance
LESSON 10: Engage the roofing manufacturer to ensure roof systems are not compromised.
RFP CHECKLIST
• Cover Letter
• Signature Page
• Title Page
• Table of Contents
• Schedule of Events
• Standard Terms and Conditions
• Special Terms and Conditions
• General Information
o Definitions
o Purpose or Intent
o Background
o Method of Payment
o Contract Term
o Presentations or Demonstrations
o Pre-Proposal Conference
• Technical Specifications
o Specifications (Goods)
o Scope of Work (Services)
o Scope of Activity
o Project Management
o Deliverables/Measurable Standards Schedule
o Support
o Training
o Maintenance
• Vendor Requirements
o Mandatory Requirements
o Vendor Organization
o Vendor Qualifications & Experience
o References
o Financials
o Resumes
• Proposal Response Format
• Cost Proposal
• Method of Evaluation & Award
o Evaluation Criteria
o Discussions, Best & Final Offer
o Negotiations
Attachments
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RFP Template: Design-Build Contract for PV System Installation
APPENDIX E: DEFINITIONS
Definitions 5
Expected Performance Based Buydown (EPBB): The EPBB incentive methodology pays an up-
front incentive to participants installing systems less than 30 kW in size that is based on a system’s
expected future performance. EPBB incentives combine the performance benefits of PBI with the
administrative simplicity of a onetime incentive paid at the time of project installation. The EPBB
Incentive will be calculated by multiplying the incentive rate by the system rating by the Design
Factor.
Host Customer: An individual or entity that meets all of the following criteria: 1) has legal rights
to occupy the Site, 2) receives retail level electric service from PG&E, SCE, or SDG&E, 3) is the
utility customer of record at the Site (GM CSI only) or owns the site, 4) property owner or
persons/entity responsible for the building at the location where the generating equipment will be
located (MASH only), 5) is connected to the electric grid, and 6) is the recipient of the net electricity
generated from the solar equipment (GM CSI only).
Insolation: A measure of solar radiation energy received on a given surface area in a given time. It
is commonly expressed as average irradiance in watts per square meter (W/m²) or kilowatt-hours per
square meter per day (kWh/(m²·day)) (or hours/day).
Kilowatt (kW): KW is a unit of electrical power equal to 1,000 watts, which constitutes the basic
unit of electrical demand. The watt is a metric measurement of power (not energy) and is the rate
(not the duration over which) electricity is used. 1,000 kW is equal to 1 megawatt (MW). Throughout
this Program Handbook, the use of kW refers to the CEC-AC wattage ratings of kW alternating
current inverter output.
Kilowatt Hour (kWh): A kWh is the use of 1,000 watts of electricity for one full hour. Unlike kW,
kWh is a measure of energy, not power, and is the unit on which the price of electrical energy is
based. Electricity rates are most commonly expressed in cents per kilowatt hour.
Measurement and Verification (M&V): A process or protocol to confirm the actual energy
savings realized from a project once the project is implemented and operating.
5 California Public Utilities Commission, California Solar Initiative Program Handbook, June 2010.
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RFP Template: Design-Build Contract for PV System Installation
Megawatt (MW): Unit of electrical power equal to one million watts; also equals 1,000 kW.
Meter: A device used to measure and record the amount of electricity used or generated by a
consumer. The CSI Program requires accurate solar production meters for all solar projects that
receive incentives. Systems receiving an EPBB incentive require a meter accurate to within ± 5%,
while systems receiving PBI payments require a more precise meter accurate to within ± 2%.
Metering System: A metering system should include all distinct components necessary to measure
the energy produced by a solar generating system. This must include equipment that allows the
system to monitor and record 15-minute interval data either internally or externally through
additional equipment such as a data logger. The system must include a 2% accurate meter either
socket based or panel style allowing for a visual or remote display.
Net Energy Metering (NEM) Agreement: An agreement with the local utility which allows
customers to reduce their electric bill by exchanging surplus electricity generated by certain
renewable energy systems such as the PV systems the CSI subsidizes. Under net metering, the
electric meter runs backwards as the customer-generator feeds extra electricity back to the utility.
The CSI Program permits net energy metering agreements.
Photovoltaic (PV): PV is a technology that uses a semiconductor to convert light directly into
electricity.
Power Purchase Agreements (PPA): specific to a PPA for purchase of on-site solar electricity; a
PPA is an agreement for the purchase of the solar electricity generated and consumed on the Host
Customer Site.
Performance Based Incentives (PBI): The CSI Program will pay PBI in monthly payments
based on recorded kWh of solar power produced over a five-year period. Solar projects receiving PBI
incentives will be paid a flat per kWh payment monthly for PV system output that is serving on Site
load. The monthly PBI incentive payment is calculated by multiplying the incentive rate by the
measure kWh output.
Performance Data Provider (PDP): A PDP service provider monitors and reports the energy
production data from the solar energy system to the Program Administrator to serve as the basis for
PBI payments.
Site: The Site is the Host Customer’s premises, consisting of all the real property. Each individual
Site must be able to substantiate sufficient electrical load to support the proposed system size.
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