Grants for Community Solar Photovoltaic (PV) Projects Providing Direct Benefits to Low and Moderate Income Residential Electric Customers

State of New Hampshire Department of Energy Renewable Energy Fund Grants for Community Solar Photovoltaic (PV) Projects Providing Direct Benefits to Low and Moderate Income Residential Electric Customers REQUEST FOR PROPOSALS (RFP) RFP #2022-006 Release Date November 10, 2022 Application Due: 4:30 p.m. EST January 23, 2023 Table of Contents Executive Summary .......................................................................................................................1 I. Overview ............................................................................................................................ 3 A. Background and Purpose ........................................................................................ 3 B. Definitions............................................................................................................... 4 C. Basic Project Eligibility Requirements ................................................................... 4 II. Proposal

Submission Requirements ................................................................................ 5 A. Letter of Transmittal ............................................................................................... 6 B. Project Summary Sheet ........................................................................................... 6 C. Technical Project Proposal ..................................................................................... 6 D. Project Model .......................................................................................................... 7 E. Project Development Costs and Financing ............................................................. 9 F. Ongoing Project Management Costs and Financing ............................................. 10 G. Qualifications and Experience .............................................................................. 10 H. Conflicts of Interest............................................................................................... 10 III. Proposal Selection Process and Criteria ....................................................................... 10 IV. General Conditions ......................................................................................................... 13 V. Grant Agreement and Certificates ................................................................................ 17 Attachment A. PROJECT SUMMARY SHEET ..................................................................... 19 Attachment B. SCORING CRITERIA SUMMARY SHEET ................................................ 22 Attachment C. GENERAL PROVISIONS ............................................................................... 23 NH Department of Energy RFP #2022-006 Page: 1 Executive Summary Pursuant to RSA 362-F:10 X, the New Hampshire Department of Energy (DOE) issues this Request For Proposals (RFP) seeking proposals for community solar photovoltaic (PV) projects that will provide direct benefits to New Hampshire low, moderate, or low and moderate income (LMI) residential electric customers who reside within the same electric distribution utility service territory. Proposals must present a comprehensive plan that clearly demonstrates and quantifies the net direct benefits to participating LMI customers. Projects or portions of projects that have requested funds from the DOE’s Non-residential Competitive Grant Program, Commercial & Industrial (C&I) Renewable Energy Rebate Program, or Residential Renewable Electric Generation Incentive Program,1 are not eligible for funding under this solicitation. Total funding available under this RFP will be $1,000,000. The maximum grant request amount is $400,000. Electronic proposals must be received at the DOE no later than 4:30 p.m. EST on January 23, 2023. If the DOE decides to award a contract as a result of this RFP process, any award is contingent upon approval of the contract by the DOE Commissioner and, if applicable, the Governor and Executive Council of the State of New Hampshire. Pertinent Dates and Information 1. Schedule of Events Event Date/Deadline Time RFP Issued 11/10/2022 4:30 PM Question Period Closes 12/16/2022 4:30 PM Responses to Questions Posted 12/23/2022 4:30 PM Proposal Due Date and Time 1/23/2023 4:30 PM Anticipated Grant Start Date June 2023 2. Written Inquiries All inquiries concerning this RFP must be submitted by e-mail to the following RFP Point of Contact: Susan Gagne, Program Specialist III New Hampshire Department of Energy 21 S. Fruit Street, Suite 10 Concord, NH 03301-2429 RFP@Energy.NH.Gov Inquiries must be received no later than Close of Question Period as specified in the Schedule of Events above. The subject of the email should state the following: RFP #2022-006, REF LMI Community Solar Grants. No phone calls. It is highly recommended 1 Information available at Renewable Energy Rebates | NH Department of Energy mailto:RFP@Energy.NH.Gov https://www.energy.nh.gov/renewable-energy/renewable-energy-rebates NH Department of Energy RFP #2022-006 Page: 2 that prospective proposers review the RFP as soon as possible and submit any questions promptly. Responses will be posted by the above-described deadline at: energy.nh.gov/requests-proposals. 3. Proposal Submission Instructions Proposals submitted in response to this RFP must be received at the DOE no later than the time and date specified in the Schedule of Events, herein. Late submissions will not be accepted. Delivery of the Proposals shall be at the proposer’s responsibility. The DOE accepts no responsibility for damaged, mislabeled, or undeliverable mailed or emailed proposals. Proposals must be typed and the paper copy must be double-sided. The strongly preferred format includes 12-point font size with 1-inch page margins. Page numbers should be included. 3.1. Electronic Proposals Electronic proposals must be in PDF format and must be searchable. Proposals must be submitted electronically to: RFP@Energy.NH.Gov. The file will be considered received based on the timestamp in the receiver’s email. The DOE can accept electronic files no larger than 25 MB. The subject of the email should state the following: RFP #2022-006, REF LMI Community Solar Grants. The DOE shall assess completeness and responsiveness of the proposal to eliminate nonconforming proposals. The DOE may waive or offer a limited opportunity to cure immaterial deviations from RFP requirements if it is determined to be in the best interests of the State. Any response that is filed shall be valid for not fewer than 150 days following the deadline for submission of proposals, or until the effective date of any resulting contract, whichever is later. 3.2. Physical Proposals In addition to the electronic submission, proposers must submit three (3) paper copies to the RFP point of contact: Susan Gagne, Program Specialist III New Hampshire Department of Energy 21 S. Fruit Street, Suite 10 Concord, NH 03301-2429 RFP@Energy.NH.Gov The paper copies shall be sent by first class U.S. mail and postmarked by the proposal due date and time, as specified in the Schedule herein. The paper copies must be identical to the submitted electronic copy in text and pagination. In the alternative, the electronic copy shall be controlling. https://www.energy.nh.gov/rules-and-regulatory/requests-proposals file://granite.nhroot.int/shared/engy/Policy%20&%20Programs/Sustainable/LMI%20Solar%20PV/RFP%20FY%202022/RFP@Energy.NH.Gov mailto:RFP@Energy.NH.Gov NH Department of Energy RFP #2022-006 Page: 3 Follow-up conferences or interviews will be scheduled as needed, at the sole discretion of the DOE, provided that no proposer with a preliminary score of 70 or less will be interviewed. 4. Restriction on Contact with State Employees: From the date of the release of this RFP until awards are made and announced regarding the selection, all communications with personnel employed by or under contract with the State regarding this RFP are forbidden, unless first approved by the Point of Contact, Susan Gagne, Program Specialist III. or as otherwise outlined in Section V below. DOE employees have been directed not to hold conferences and/or discussions concerning this RFP with any potential contractor during the selection process, unless otherwise authorized by the RFP point of contact, or as otherwise outlined in Section V below. I. OVERVIEW A. Background and Purpose With the enactment of House Bill 2,2 effective on July 1, 2021, the New Hampshire Department of Energy, an executive branch agency, became responsible for administration of the state’s Renewable Portfolio Standard (RPS) program pursuant to RSA 362-F, and for management of the state’s Renewable Energy Fund3 (REF) pursuant to RSA 362-F:10. The purpose of the Renewable Energy Fund is to support thermal and electric renewable energy initiatives in New Hampshire. Pursuant to RSA 362-F:10, X, the DOE is required to allocate not less than 15 percent of the Renewable Energy Fund annually to: benefit low-moderate income residential customers, including, but not limited to, the financing or leveraging of financing for low-moderate income community solar projects in manufactured housing communities or in multi-family rental housing. The phrase “low-moderate income community solar project,” is defined as “ground- mounted or rooftop solar arrays that directly benefit a group of at least 5 residential end- user customers, where at least a majority [at least 3] of the residential end-user customers are at or below 300 percent of the federal poverty guidelines. No more than 15 percent of the projected load for such project shall be attributable to non-residential end-user customers.” RSA 362-F:2, X-a. In addition, RSA 362-A:9, XIV(c) requires each utility 2 See 2021 N.H. Laws Chapter 91 (House Bill 2-FN-A-Local). 3 The REF is funded through alternative compliance payments (ACPs) made by the distribution utilities and competitive electric power suppliers in lieu of renewable energy certificates (RECs). RECs are available in the market, for sale, at a price that is equal to or less than the applicable ACPs. ACP amounts are adjusted each year, pursuant to RSA 362-F:10, II and III. NH Department of Energy RFP #2022-006 Page: 4 to provide on-bill credits for each member and the host along with a 2.5 cent per kWh addition for low-moderate income community solar projects. Pursuant to RSA 362-F:10, VIII, the DOE may, after notice and hearing, by order or rule, establish “additional incentive or rebate programs for customer-sited thermal and renewable energy projects” to be supported by the REF. This RFP is issued pursuant to RSA 362-F:10, VIII, and DOE Order Approving Request for Proposals Competitive Solicitation for Low-Moderate Income Solar Project Funding in Fiscal Year 2022, issued December 6, 2021. The DOE is seeking proposals from qualified individuals, entities, or multiple entities for community solar projects that would provide direct benefits to LMI residential electric customers, as the means of meeting the statutory requirements. For the purposes of this RFP, a residential electric customer is a residential customer of an electric utility that receives electric bills in the customer’s name. The total funding available under this RFP is $1,000,000. All grant awards are contingent upon final grant agreement approval by the Governor and Executive Council. B. Definitions As used in this RFP, the term “project” includes both the equipment and facilities comprising the solar PV system, and the management and administration of financing, funding, operations, maintenance, benefits provision, participating customer income verification, admission, replacement, education, communications, and other related matters. C. Basic Project Eligibility Requirements To be eligible for funding, projects must meet the following minimum requirements: 1. Proposers must propose new resident-owned or third party-owned ground-mounted, carport, or rooftop, community solar PV projects, including, but not limited to, those located in or otherwise serving affordable multi-family rental housing or resident-owned manufactured housing communities. 2. Projects must utilize grant funds primarily for capital investments in new solar PV projects that will result in a quantifiable direct benefit to a minimum of five residential electric customers within the same electric distribution utility service territory and where at least the majority of participants must be LMI. Consistent with RSA 362-F:2, X-a, “LMI” is defined as end-user customers whose income is at or below 300 percent of the federal poverty guidelines.4 For the purposes of this proposal, moderate income participants are defined as end-user customers 4 The 2022 Federal Poverty Guidelines (FPG) may be found at: Federal Register: Annual Update of the HHS Poverty Guidelines. https://www.federalregister.gov/documents/2022/01/21/2022-01166/annual-update-of-the-hhs-poverty-guidelines NH Department of Energy RFP #2022-006 Page: 5 whose income is more than 200 percent of the federal poverty guidelines but less than or equal to 300 percent of those guidelines. 3. Projects must adhere to the statutory requirements of RSA 362-F:2, X-a and provide direct benefits to LMI customers from the date of initial operation through the earlier to occur of (i) 20 years, or (ii) the end of the project’s useful operational life. 4. Projects must be operational no later than twenty-four (24) months after grant agreement approval by the Governor and Executive Council. 5. Proposers may not also request and/or receive funding from the Non-residential Competitive Grant Program, C&I Renewable Energy Rebate Program, or Residential Renewable Electric Generation Incentive Program for the same project. 6. Projects shall not be ineligible for grant funding if they also intend to submit a proposal in response to any future competitive solicitation that may be issued to implement the electric assistance program (EAP) customer solar project program provided for under Senate Bill 270 (2022), but no project shall be eligible for the FY 2023 LMI grant program if its proposal is expressly contingent on its selection in any such future separate solicitation under that other program. 7. Grantees must commit to seeking REC eligibility in New Hampshire for the project, including but not limited to submitting a complete application for REC eligibility to the DOE. 8. Only community solar PV projects are eligible for funding under this RFP. 9. Projects must be physically located in New Hampshire; any point of grid interconnection must also be in New Hampshire. Neither the project nor the end- user customers to be served by the system may be located in, or a customer of, a municipal electric utility. 10. Proposers must confirm that control of any site(s) on which their project(s) will be constructed has been secured, through ownership, lease, or binding option to acquire or lease such site(s). 11. Projects requesting full funding through this RFP must demonstrate that a minimum of 75% of the project’s net revenues from electric generation will directly benefit LMI participants. II. PROPOSAL SUBMISSION REQUIREMENTS The overall proposal emphasis should be on completeness and clarity of content. Proposals that are incomplete or unsigned will not be considered. Proposals shall include the following information, and respond to all areas listed below, in the order listed. NH Department of Energy RFP #2022-006 Page: 6 A. Letter of Transmittal Include the name of the proposer, contact information for, and signature of, the individual authorized to bind the proposer (or of the proposer), and identify the proposer’s point of contact for this proposal. (1 page) B. Project Summary Sheet Please use the form provided in Attachment A, “Project Summary Sheet.” C. Technical Project Proposal 1. Overview of project site location (including panoramic and aerial site photos) and description of where array is to be sited. 2. System size (kW AC and kW DC), and generating facility equipment, including manufacturer and model (if applicable) of inverters, panels, racking, production meter and monitoring software. 3. Solar PV system schematic (including one-line drawing), with an attached copy of any relevant engineering or feasibility studies. 4. Solar Site Survey, including a solar shading analysis and estimated annual production; a minimum of 80% optimal insolation is required. Please attach a copy of the Solar Site Survey. 5. Projected kilowatt-hours (kWh) to be generated (annual and lifetime) and the assumptions (e.g., capacity factor) used for the estimate. 6. Project timeline, including start date, key milestones in project progress (e.g., design, permitting, construction, start-up, commissioning), and expected interconnection date. 7. List of permits and approvals required and status of such permits and approvals, including any lease or site-control arrangements with property owners. Please attach a copy of any applicable lease agreement or any other documents that demonstrate site control. 8. Describe the status of the interconnection review process. Provide the date on which each of the following steps occurred or is anticipated to occur: i) submittal of Pre-Application, ii) submittal of Interconnection Request, iii) execution of System Impact Study Agreements, iv) execution of Interconnection Agreement. 9. If a roof-mounted system, demonstrate that a structural analysis has been completed. 10. Describe project ownership structure, identify system owner, identify site owner, if different, including names of all project owners and project site ownership and/or leasing structure, and describe any power purchase agreement (PPA), if applicable. Please attach a copy of any applicable PPA. Please include letter of support from the site owner, if applicable. NH Department of Energy RFP #2022-006 Page: 7 11. Describe assignments and roles of individual key project personnel, listing the project developer, solar installation company, NH licensed electrician, and any other project personnel. 12. Describe operations and maintenance plan for the system, including short- term and long-term system operation, maintenance, and monitoring arrangements, and estimated project lifespan, including any associated costs. 13. Describe the Labor and Product Warranties; note that a minimum of five years’ labor warranty is required. Projects must include a long-term plan for one full replacement of project inverters. D. Project Model A narrative description comprehensively addressing how the community solar PV project will be designed and managed, and the net benefits that will be provided directly to participating LMI customers: 1. LMI Participant Benefits: i. Describe estimated monthly or annual direct electric bill impacts (in kWh) to LMI participants, if applicable, and any allocation of kW to LMI participants and to non-LMI participants. ii. Describe all benefits to be provided to LMI participants and how those benefits will be provided to LMI participants (e.g., through on- bill credits, group net metering (GNM), rental payment reduction, association dues reduction, etc.). Projects that include direct cash payments to LMI participants will score lower on relevant criteria than projects that do not, because direct cash payments may affect LMI participants’ eligibility for other programs, such as TANF, Medicaid, and SNAP (as defined below in subsection vii). iii. Proposers must provide data projections expressed in dollars that clearly demonstrate the annual net direct benefits to each LMI participant for the first 10 years following initial operation of the PV system (data for additional years may be presented if desired). iv. List the total number of LMI participants, including the number of low income and the number of moderate income participants, and the number of non-LMI participants (individual names are not required; general descriptions may be provided, however the proposer must be able to verify names and income levels upon request). v. Describe any costs to LMI participants including initial joining/subscription fees (fee amount must be specified), and any ongoing subscription fees, including amount, frequency, and term and any other costs to LMI participants. vi. Describe any other costs to LMI participants not included above; describe costs to non-LMI participants, including all elements described in 1(v). vii. Describe any identified potential impacts on public benefits program eligibility of participating LMI customers (such as Section 8 rent NH Department of Energy RFP #2022-006 Page: 8 subsidy, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Medicaid, Supplemental Nutrition Assistance Program (SNAP), etc.). viii. Describe possible tax consequences to LMI participants. If the proposed system is to be owned by LMI participants, please describe measures taken to avoid excess production payments from being considered taxable income. ix. Describe ownership interest of the LMI participants, if applicable. x. Describe if array is located in a solar tax-exempt town/city. Please estimate the annual property tax costs associated with the array. 2. Participant Communications: i. Describe how LMI participants will be identified/recruited, initial and ongoing income verification, etc. ii. Define proposed method for and cost of income verification. Identify who will pay those costs. iii. Describe process for subscription management, including handling new (additional) participants and/or enrollment of replacement participants. iv. Describe method of participant engagement, participating customer education and outreach, and ongoing communication. 3. Ownership Model: i. Provide a clear description of who will own the community solar PV system and for how long. If ownership will be transferred or sold during the operational life of the system, please explain when and how that will take place, and what, if any, transaction costs will occur and who will pay them. ii. If the community solar PV system is third party owned, describe plans for effective management and communications between third party owner and organization providing direct benefits to participating residential electric customers. iii. Provide a statement verifying that the grantee will submit an application for the project to be certified as eligible for Renewable Energy Certificates (RECs) in New Hampshire. iv. Define the party that owns the RECs and who will benefit from the sale of the RECs. NH Department of Energy RFP #2022-006 Page: 9 4. Metering Arrangements: i. Will this project be serving a master-metered building or individual meters? ii. Describe any GNM arrangements, if applicable, including how community solar PV benefits will be provided to participating customers. iii. Describe any on-bill-credit arrangements required, if applicable, including how community solar PV benefits will be provided to participating customers. Indicate if the project intends to qualify for the LMI adder available through the passage of SB 165 (2019). iv. Indicate if the project intends to apply to the DOE for designation as an LMI Community Solar Project eligible for the EAP customer program to be implemented under Senate Bill 270 (2022). v. Describe the utility’s role in implementing the proposed project. All REF LMI proposers shall communicate directly with the appropriate utility regarding any utility requirements, and shall document such communications and related conclusions, if any, as part of their responses to this RFP. vi. Identify the current or expected rate class of the interconnecting meter account holder(s). E. Project Development Costs and Financing 1. Provide total project cost estimate, including itemized costs for equipment, labor, design, permitting, materials, balance of system costs, etc., and any specific quotations from vendors and contractors. 2. State the grant amount being requested from the DOE. 3. Describe the project’s financing plan, financing status, and letters of intent/commitment obtained or expected from any third-party investors, lenders, or financiers. If securing financing from outside lenders, identify the lending institution and describe the interest rate, term, and all material conditions of the loan(s). 4. Describe all other financial resources and funding sources, including grants, rebates, LMI Adder, tax credits, etc., anticipated to be used by or for the project. 5. Describe and quantify in dollars any funding to be received from community solar PV project participants (both LMI and non-LMI), if applicable, including initial joining fees and ongoing subscription fees including amount, frequency and term (if funding or fees differ for LMI and non-LMI participants, list each cost separately). 6. Describe use of federal investment tax credit (ITC) and/or any other tax incentives. 7. Describe costs of initial project administration, such as LMI participant identification, marketing, education, and income qualification. NH Department of Energy RFP #2022-006 Page: 10 F. Ongoing Project Management Costs and Financing 1. Describe any financial resources, including REC revenue, grants, rebates, tax credits, etc., anticipated annually to cover project administration costs, if any. 2. Describe any funding from community solar PV project participants (both LMI and/or non-LMI), if applicable. List any ongoing subscription or other fees (i.e., amount, frequency, and term). If costs differ for LMI and non-LMI participants, list each cost separately. 3. Describe costs of administration such as new LMI participant identification, ongoing annual income verification costs, and participant subscription management costs. G. Qualifications and Experience 1. Provide a summary of the qualifications, experience, and roles of the project team. As a separate attachment to the proposal, provide resumes of key personnel, including community solar developer, if applicable, solar installation company, contractors and subcontractors, such as electrician(s). List proposer’s years of experience, specifically including community solar project experience (resumes should be limited to relevant experience). 2. Summaries of similar community solar or LMI projects undertaken by key personnel (including the date of project installation, summary of project, current status of project, client name, and name and phone number of contact for reference). H. Conflicts of Interest Describe any potential conflicts of interest on the part of any members of the project team or its contractors and subcontractors. Contractors have a continuing obligation throughout the entire procurement process to update this information. III. PROPOSAL SELECTION PROCESS AND CRITERIA Proposals will be reviewed and evaluated in a three-tier review process, followed by a contracting phase. The steps are summarized below: Step 1: Proposal Screening: the DOE shall assess the completeness and responsiveness of proposals to eliminate non-conforming proposals; the DOE may waive or offer a limited opportunity to cure immaterial deviations from RFP requirements if it is determined to be in the best interests of the State; Step 2: Preliminary Evaluation: An Evaluation Team consisting of DOE Staff shall evaluate and score conforming proposals according to the criteria below, including both NH Department of Energy RFP #2022-006 Page: 11 technical requirements and funding amount requested (See Attachment B, Scoring Criteria Summary Sheet for an example of the scoring sheet); Step 3: Final Evaluation: The Evaluation Team may request and hold interviews, and product demonstrations if applicable (if requested as described below) and conduct reference checks (if appropriate). Following interviews, product demonstrations and reference checks and review of written clarifications of proposals requested by the Evaluation Team (if any are requested), the Evaluation Team will refine the score from the Preliminary Evaluation. The Evaluation Team shall submit recommendations regarding projects and funding to the DOE Commissioner; Step 4: Commissioner’s Review: Based on the scores developed by the Evaluation Team, the DOE Commissioner will apply the criteria set forth in Puc 2508.02(c)(2) and (3) and determine percentage factors for each proposal. The scores developed by the Evaluation Team will be multiplied by those factors to produce a final score, upon which the proposals will be ranked. Awards will be made within the constraint of available funds; consequently, awards may not be made to all qualifying proposals. In addition, the DOE reserves the right to make partial awards, and/or award grants to a lower-ranked proposal(s) if there are insufficient funds remaining to award the amount requested in a higher-ranked proposal; Step 5: The DOE shall negotiate, if necessary, and develop grant agreements and related contract documents with selected proposers; Step 6: The DOE shall submit completed grant agreements to the Governor and Executive Council for approval. Notwithstanding any other provision of this RFP, this RFP does not commit the DOE to make an award. The DOE reserves the right, at its sole discretion, to reject any or all proposals, or any portions thereof, for any reason, at any time, including, but not limited to, canceling the RFP, and soliciting new proposals under a new acquisition process. If, for any reason, negotiations with the top scorer(s) do not result in a contract(s), despite reasonable efforts made in good faith, the DOE may go to the next highest scorer(s) and seek to negotiate with that proposer(s). Proposals will be deemed incomplete, nonconforming, and ineligible for grant funding if information required under this RFP is not included in the proposal. Proposals that fail to meet the following criteria will be deemed ineligible: • Filing of a timely proposal, with the correct number of paper and electronic copies, and all mandatory elements; • Propose a project for community solar photovoltaic that will provide direct benefits to low, moderate, or low and moderate income residential electric customers who reside within the same electric distribution utility service territory; • Present a comprehensive plan that clearly demonstrates and quantifies the net direct benefits to participating LMI customers; NH Department of Energy RFP #2022-006 Page: 12 • Identification of potential contractors and subcontractors, if applicable, or a detailed process and timeline to identify and engage them; • Listing of key project milestones and the associated timeline and project schedule; and • Identification of other funding and financing sources, or in the alternative a statement that there are no other funding or financing sources, and related letters of intent or commitment. Projects or portions of projects that have requested funds from the DOE’s Non-residential Competitive Grant Program, Commercial & Industrial Renewable Energy Rebate Program, or Residential Renewable Electric Generation Incentive Program are also ineligible. Ineligible projects will not be scored. All projects deemed ineligible will receive notification of that determination in a timely manner. During the evaluation process, if the Evaluation Team determines that it is appropriate, proposers may be invited to oral interviews and/or demonstrations, including demonstrations of any proposed systems or technology components. The DOE retains the sole discretion to determine whether to conduct oral interviews, with which proposers, and the number of interviews. Proposers are advised that the DOE may decide to conduct interviews with fewer than all proposers. The purpose of oral interviews and demonstrations is to clarify and expound upon information provided in the written proposals. Proposers are prohibited from altering the basic substance of their proposal during the oral interviews and /or demonstrations. DOE staff may ask the proposer to provide written clarifications of elements in the technical Proposal regardless of whether DOE staff intend to conduct oral interviews. Information gained from oral interviews and demonstrations will be used to refine scores assigned based on the preliminary evaluation of the Proposal. The DOE will consider the following criteria and assign a corresponding point score. A maximum score for all criteria would be 100 points: 1. Net Direct Benefits to LMI Participants. Assessment of project will include evaluation of the net direct annual benefits to be provided to participating low and moderate income residential electric customers during the first 10 years following initial operation of the PV system; the amount of grant funding requested in relation to the net direct LMI benefits being provided; the percentage of participants who are LMI; inclusion of moderate income participants; and the percentage of energy produced that is effectively allocated to LMI participants. Maximum Point Score 50 2. Technical Project Specifications. Proposal elements evaluated will include -cost-effectiveness of project; direct ownership of project; optimal project siting; locational benefits; optimal energy modeling (e.g., Solar Pathfinder) NH Department of Energy RFP #2022-006 Page: 13 results; labor and equipment warranties; inverter replacement warranty or plan; community solar PV project development team experience. Maximum Point Score 20 3. Project Feasibility and Readiness. Proposer proposes a realistic and achievable project with a clear definition of project ownership and team members; secured project site control; identified community solar participants (LMI and non-LMI); a well-defined and feasible project timeline; project personnel demonstrating low moderate income participant experience; all necessary permits obtained or applied for; and financing, funding, and/or investment commitments obtained, if applicable. Maximum Point Score 15 4. Project Administration and Management. Proposal presents a clear and detailed approach to initial identification, income verification, recruitment, enrollment, and replacement when necessary of LMI participants; methods of effective long-term project management and administration; minimal administrative and financial impacts on utility and DOE; minimal potential impacts on public benefits program eligibility of LMI customers; and plans for effective LMI participant education, engagement, and outreach. Maximum Point Score 15 IV. GENERAL CONDITIONS A. Reservation of Rights. The DOE reserves the right: to reject any or all proposals, or any part thereof; to determine what constitutes a conforming proposal, to waive irregularities that it considers non-material to the proposal; to make funding decisions, including partial awards, solely as it deems to be in the best interests of the State; and to negotiate with any party in any manner deemed necessary to best serve the interests of the State. This RFP and all information relating to this RFP (including, but not limited to, fees, contracts, agreements, and prices), are subject to the laws of the State of New Hampshire regarding public information and state procurement of goods and services. B. Requests for Additional Information. The DOE reserves the right to request additional information from any or all parties submitting proposals to assist in the evaluation process. C. Confidentiality of Proposals and Information Provided to Proposers. Proposals must remain confidential until the effective date of any grant agreement resulting from this RFP. A proposer’s disclosure or distribution of proposals other than to the DOE may be grounds for disqualification, unless disclosure was made to other funding sources to obtain funding. Each proposer also agrees to maintain as confidential all information to which it has access in the course of this RFP and any related contracting process, until such time as it is instructed otherwise by the DOE. NH Department of Energy RFP #2022-006 Page: 14 D. Public Disclosure. By submitting a proposal, the proposer acknowledges that the DOE is subject to the Right-to-Know Law, RSA Chapter 91-A. Accordingly, information submitted as part of a proposal in response to this RFP may be subject to public disclosure unless otherwise exempt. See RSA 91-A and RSA 21- G:37, VII. In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this RFP may be made accessible to the public online through the website Transparent NH: (http://www.nh.gov/transparentnh/). Notwithstanding RSA 91-A:4, information relating to grant applications or proposals shall remain confidential until the grant contract is approved by the governor and executive council, or, if the grant contract does not require approval from the governor and executive council, until the effective date of the grant contract as determined by the issuing agency. RSA 21-G:37. Business financial information, confidential information, such as personally identifiable information, including, but not limited to, LMI participants’ names, addresses, social security numbers, and account numbers, proprietary information such as trade secrets, financials models and forecasts, and proprietary formulas, are categories of information that may be exempt from public disclosure. RSA 91-A:5, IV. If any part of its proposal contains information that a proposer asserts is exempt from public disclosure, the proposer must specifically identify all relevant text in a letter to the DOE, and must mark or stamp each page of the materials claimed to be exempt from disclosure as “confidential,” and provide support for such assertion(s) as part of proposer’s response to this RFP. The proposer shall explain, in writing, what measures it has taken to keep such information confidential, and the personal privacy or competitive business interests that would be harmed if such information were to be publicly disclosed. The explanation shall also identify by page number and proposal section number the specific information the proposer claims to be exempt from public disclosure pursuant to RSA 91-A:5. It is helpful if the text claimed to be confidential is also highlighted, underlined, or otherwise identified in the actual proposal itself. Marking the entire proposal or entire sections of the proposal (e.g., costs) as “confidential” will neither be accepted nor honored. The DOE shall maintain the confidentiality of information contained in proposals, insofar as doing so is consistent with RSA Chapter 91-A. Any information a proposer identifies as exempt from disclosure shall be kept confidential until the DOE has determined, as necessary, whether such information is exempt from public disclosure pursuant to RSA 91-A. In the event that the DOE receives a request to view portions of a proposal that the proposer has properly and clearly marked “confidential,” the DOE shall notify the proposer and specify the date the DOE intends to release the requested information, redacting any information the DOE independently concludes is NH Department of Energy RFP #2022-006 Page: 15 exempt, consistent with applicable laws and regulations. Any effort to prohibit or enjoin the release of the information the DOE identifies for release shall be the proposer’s responsibility at the proposer’s sole expense. If the proposer fails to obtain a court order enjoining the disclosure, the DOE may release the information on the date the DOE specified in its notice to the proposer(s), or in its notice to any other relevant parties, without any liability to the proposer(s). E. Proposers’ Costs. By submitting a proposal, a proposer agrees that in no event shall the DOE be either responsible for or held liable for any costs incurred by the proposer in preparation of or in connection with the proposal, or for work performed prior to the effective date of a resulting grant agreement. F. Equal Employment Opportunity and Non-Discrimination. All parties submitting proposals shall be Equal Opportunity Employers. Funding recipients will be expected to comply with all federal, state, and local laws respecting non- discrimination in employment. G. Amendment or Cancellation of RFP. The DOE reserves the right to amend or cancel this RFP at any time. Proposers should check the DOE website at Requests for Proposals | NH Department of Energy for any addenda to this RFP before submitting their proposals, and for answers to questions other prospective proposers may have submitted, if any. H. Vendor Registration Requirements. Recipients of funds will be required to submit their Taxpayer Identification Number (TIN), Employer Identification Number (EIN), or Social Security Number (SSN), and to register as a vendor with the State of New Hampshire. I. Grant Agreement General Provisions. The terms and conditions set forth in the State’s “General Provisions” for grant agreements, attached hereto as Attachment C, will apply to the grant award and funding agreement that the DOE will enter into with grant recipients. In addition, each agreement will be supplemented by three exhibits: Exhibit A will include any special provisions, including any modifications to the General Provisions regarding insurance coverage and other matters; Exhibit B will set forth the scope of services and reporting requirements in detail; and Exhibit C will set forth the amount of the grant, any required milestones, preconditions to reimbursement, the amount of grant holdback or retainage, and the documentation requirements for, and conditions of, grant payments. J. Project Changes. Once a grant agreement becomes effective, any subsequent material changes or modifications to the project or agreement terms, including, but not limited to, changes in project site plan, design, equipment, or other major components, overall project budget, key project personnel, LMI customer participation, project funding or financing model, project administration, management, or communications, or proposed technical details, must be https://www.energy.nh.gov/rules-and-regulatory/requests-proposals https://www.energy.nh.gov/rules-and-regulatory/requests-proposals NH Department of Energy RFP #2022-006 Page: 16 submitted for review and evaluation by the DOE. Amendments to the Grant Agreement are subject to approval by the DOE and the Governor and Executive Council. K. Nature of RFP. This RFP is not an offer. Neither the DOE nor this RFP shall create any commitment on the part of the State or confer any rights on the part of the proposer unless and until a written grant award agreement is executed between the DOE and the proposer, and approved by the Governor and Executive Council. L. Reporting, Inspection, and Audit. There will be reporting and inspection requirements for the projects that are awarded grants under this solicitation. These may include, but are not limited to, development and construction progress reports and the reporting of expenditures, annual energy production for up to ten years after the project becomes operational, numbers of LMI and non-LMI participants, and accounting for net direct benefits provided to participating LMI customers. Pursuant to Puc 2508.04, any recipient of any monies disbursed from the REF shall make its books, records, and facilities available to the DOE for the purpose of allowing the DOE to discharge its audit responsibilities pursuant to RSA 362-F:10, I. M. Property of the State. All materials and data submitted or received in response to this RFP will become the property of the State and will not be returned to the proposer. Upon grant award and agreement, the State reserves the right to use any information presented in any proposal, provided that its use does not violate any copyrights, or other provisions of law, including RSA 91-A. N. Reimbursement of Project Costs. Payment to grantees under this program is on a cost-reimbursable basis, unless approved otherwise. Costs incurred prior to final grant agreement approval by the Governor and Executive Council are not eligible for reimbursement. Reimbursement may be contingent on the occurrence of specified milestone events and the satisfaction of other conditions as set forth in the approved grant agreement. In accordance with the terms of the grant, a grantee is required to submit requests for reimbursement together with supporting documentation of the paid expenditures. The DOE will withhold payment of a percentage of any grant award until final completion and interconnection of the project. O. Ethical Requirements. From the time this RFP is published until a grant is awarded, no proposer shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. RSA 21-G:38. Any proposer that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any proposer, or member of proposer’s board or senior management, who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, NH Department of Energy RFP #2022-006 Page: 17 or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFP, or similar request for submission, and every such proposer shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A proposer that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the Department of Administrative Services, which shall note that information on the list maintained on the State’s internal intranet system, except that, in the case of annulment, the information shall be deleted from the list. P. Challenges on Form or Process of the RFP. Any challenge regarding the validity or legality of the form and procedures of this RFP, including, but not limited to, the evaluation and scoring of proposals, shall be brought to the attention of the DOE at least ten (10) business days prior to the deadline for submission of proposals, by sending written notice to the RFP point of contact, Susan Gagne, the Program Specialist III. By submitting a proposal, the proposer is deemed to have waived any challenges to the DOE’s authority to conduct this procurement and the form and procedures of this RFP. V. GRANT AGREEMENT AND CERTIFICATES A successful proposer will be expected to enter into a grant agreement with the State of New Hampshire. A copy of the General Provisions of the grant agreement to be signed by the parties is included as Attachment C to this RFP. In addition, project-specific terms and conditions will be negotiated with the proposer and included in the grant agreement. Proposers will be required to fill in this form ONLY upon the DOE’s approval of the proposal for REF grant funding. Successful proposers will also be required to provide the following certificates prior to entering into a grant agreement with the DOE: Secretary of State’s Office Certificate of Good Standing (“CGS”) Individuals contracting in their own name do not need a CGS. Business entities and trade names need a CGS, except for nonresident nonprofit corporations. Certificate of Vote/ Authority (“CVA”) Individuals contracting in their own names do not need a CVA. Business entities and trade names need a CVA. Certificate of Insurance Certificate of Insurance form attached with insurance coverage required under the grant agreement. Modifications of insurance coverage required will be specified in Exhibit A to the agreement. Workers’ Compensation Grantee must demonstrate compliance with or exception from RSA 281-A (and, if applicable, RSA 228:4-b and RSA 21-I:80, and any other applicable laws or rules). NH Department of Energy RFP #2022-006 Page: 18 Proposers will be required to provide these certificates ONLY upon selection of the proposal to receive REF grant funding by the DOE. NH Department of Energy RFP #2022-006 Page: 19 Attachment A. PROJECT SUMMARY SHEET Please fill in the Project Summary Sheet and insert directly following the letter of transmittal in the final proposal submission. Please see next page. NH Department of Energy RFP #2022-006 Page: 20 Project Summary Sheet Project Name Project Team (entities, contacts, roles) Proposer Name (name of entity to contract with the DOE to receive funds) Contact Information for person authorized to enter into binding grant agreement Project Location Summary of Project Model Description of net direct benefits provided to LMI participants; including annual quantified value of net direct benefits Description of net direct benefits provided to non- LMI participants; including annual quantified value of net direct benefits NH Department of Energy RFP #2022-006 Page: 21 Participants receiving direct benefits Total participants: # of low income: # of moderate income: # of non-LMI: Capacity and Anticipated Annual Energy Production kW DC and kW AC (Modeled kWh/year) Total Project Cost ($) Total Funding Requested under the RFP ($) Total Costs to LMI Participants, including joining & subscription fees, other payment commitment Eligible for LMI Adder? Intending to apply for designation as an LMI Community Solar Project in the SB 270 program for EAP participants? Anticipated Project Completion Date NH Department of Energy RFP #2022-006 Page: 22 Attachment B. SCORING CRITERIA SUMMARY SHEET Project Name: Proposer Name: Grant Amount Requested: Criteria Maximum Score Score Comments Net Direct Benefits to LMI Participants 50 Technical Project Specifications 20 Project Feasibility and Readiness 15 Project Administration and Management 15 Total 100 Comments: NH Department of Energy RFP #2022-006 Page: 23 Attachment C. GENERAL PROVISIONS A copy of the State of New Hampshire’s General Provisions to be executed by the parties can be found substantially in the form posted at: https://sunspot.nh.gov/StateContracting/documents/G- 1%20Grant%20Agreement.pdf Proposer will be required to fill in this form ONLY if and when its proposal is selected by the DOE to receive REF LMI grant funding. https://sunspot.nh.gov/StateContracting/documents/G-1%20Grant%20Agreement.pdf https://sunspot.nh.gov/StateContracting/documents/G-1%20Grant%20Agreement.pdf