NYSERDA - Pon1098 - A.Summary - Wind Incentives for Eligible

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Wind Incentives for Eligible Installers Program Opportunity Notice (PON) 1098 $4.5 Million Available Applications accepted April 16, 2007 through December 31, 2009 by 5:00 PM Eastern Time NYSERD A announces approxim ately $1.5 m illion per year in incentives to encourage the de velopm ent of a network of Eligible Installers who will install end-use wind energy systems for residential, comm ercial, institutional or government use. The incentives, of up to $150,000 per site, will be paid to Eligible Installers who install approved new grid-connected wind generation systems using Qualified equipment; eligibility requirements are described below. Incentives are intended to benefit both the installer for business development, and the wind generation system owner, where generated power offsets the customer’s utility power purchases. The Eligible Installer must pass through incentives directly to their customers. Incentive levels depend on wind generator size, tower height, and customer type and are posted on www.PowerNaturally.org. Incentive calculation formulas are provided on page 3. Ins tallers are encouraged to apply for eligibility through N YSER DA at any tim e during the pro gram , wh ich is exp ecte d to continu e thro ugh Decem ber 3 1, 2009, or until fun ds are fully com m itted, wh ichever com es firs t. Installer eligibility will be determined and maintained for specific equipment, based on professional experience. Onc e deem ed eligible, installers then apply for, and reserve on a first-com e, first-served bas is, NYSER DA incen tive awa rds for ap prov ed, new, g rid-co nne cted , end-use wind ge nera tion system s as pres cribed in this P ON . Interested potential owners wishing to participate in this program are encouraged to contact Eligible Installers; a list of Eligible Installers is posted on www.PowerNaturally.org. Th e ap plication form s for this pro gram are a vailable directly from NYSERD A at www.nyserda .org under the Funding Opportunities heading and subheading PON 1098, or by contacting NYSERDA at 1-866-NYSERDA, or at info@n yserda.org. Completed application forms for 1) eligibility as an installer, 2) qualification of wind generators, and 3) incentives for spe cific installations by Eligible Installers will be pro ces sed and app rove d on a first-c om e, firstserved basis until funds are fully comm itted. Incentives cannot be approved for wind generation systems already installed (partially or com pletely). Application Submission: Com pleted application forms m ust be clearly labeled, contain all required information, have original signatures, and be mailed to: Ne w Yo rk S tate E nerg y Res earc h an d Developm ent A utho rity ALS-PON 1098 W ind 17 Co lum bia Circle Albany, NY 12203-6399 Envelopes must be addressed as indicated above or processing may be delayed. Installers m ay direct any questions to 1-866-NYSE RD A, 518-862-1 090 or info@nyserda.org. Please indicate that you are calling in reference to PON 1098. *Late, incomplete, or unsigned applications will be returned. Faxed or e-mailed applications will not be acc epte d. Ap plication s will not be ac cep ted at any other N YSE RD A location o ther than the ad dres s ab ove. If cha nge s are m ade to this solicitation, n otification will be po sted on N YSE RD A’s w ebs ite at www.nyserda .org. PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 1 Page 1 I. INTRODUCTION 1. Developing a Sustainable Market for Renew able Energy Technologies NYSERD A is developing and implem enting complementary programs that encourage a sustainable market for the delivery, installation, and service of qu ality end-use wind gen eration systems . End-use w ind generation system s are connected on the customer’s side of the electric meter and electricity generated by the wind generation system offsets the customer’s electricity purchases NYSERD A is also developing installer training programs to educate and expand New York’s wind installer com m unity. Tra ining oppo rtunities will be po sted at www.PowerNaturally.org. To be eligible to install wind generation systems under this program, installers must dem onstrate that they have adequate training and experience installing end-use wind generation systems, including generators and towers. 2. Program Goals and Objectives This program’s goal is to increase New York’s network of qualified, skilled Eligible Installers who can provide wind installation and maintenance services across the State, offering customers a choice of installers in their area. This program provides incentives to Eligible Installers that install approved, grid-connected, end-use wind generation systems. Incentives must be passed on to the customer. Once eligible, installers reserve incentives for approved wind generation systems, for specific customers, on a first-come, first-served basis, for as long as funds are available. The program continually accepts applications from installers who would like to participate in the prog ram . 3. New Yo rk En ergy $ mart SM Loan Fund NYSER DA c an also provide direct a ss ista nce to custo m ers (in addition to th e $/W att in centives available in this program) through the New Yo rk En ergy $ mart SM Loan Fund. Through the Loan Fund, best available loan rates at participating banks can be reduced by 4.0% for up to ten years (www.nyserda.org/loanfund) (the inte rest rate reduction is 6.5% for C onsolidated Edison cu stom ers.) II. FUNDING, INCENTIVES, AND ELIGIBLE CUSTOMERS 1. Program Funding Approximately $1.5 million per year is available for incentives to install approved wind generation systems for Eligible Cu sto m ers as defined below. In centives are expecte d to be available through De cem ber 31 , 2009 or u ntil funds a re fully com m itted, wh ichever com es firs t. Incentives are only available for the installation of new equipment and wind generation systems that have not been installed (partially or completely) prior to NYSERDA approval of an incentive application subm itted in accord ance w ith the term s and cond itions of PO N 109 8. Incentives a re only ava ilable to Eligible In stalle rs an d incen tives m ust be pas sed on to custom ers. Incen tives w ill not be p rov ided direc tly to customers purchasing or installing wind generation systems. 2. Eligible Cu stom ers Financial incentives for the installation of wind generator systems are available for all sectors including, but not limited to, residential, comm ercial, industrial, agricultural, institutional, educational and non-for-profit facilities, and government-owned facilities. Incentives provided to customers under this program m ay not be combined with any other incentive programs offered by NYSERD A, designed to directly offset the cost of a wind installation with the exception of the New Yo rk En ergy $ mart SM Loan Fund (www.nyserda.org/loanfund). PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 2 Page 2 Incentives will be provided for customers that are New York electricity distribution customers of: Central Hudson Gas & Electric Corporation, Consolidated Edison Com pany of New York, Inc., New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation, Orange and Rockland Utilities, Inc. and Rochester Gas and Ele ctric C orporation who pay the R enew able Portfolio Stan dard (som etim es referred to as ‘RP S’ on utility electric bills). 3. Ince ntiv e Le vels Incentive levels are calculated using the following formula: Incentive level = (Base Incentive Level + (Tower Height Adjustment x (Tower Height - Base Tower Height))) x Multiplication Factor Base Incentive L evels - Incentives are available to Eligible Installers for new, grid-connected, end-use wind generation systems for all end-uses and sectors. Incentive levels for individual wind generation systems will be posted on www.PowerNaturally.org. Th e m axim um incentive available is $150,0 00 per site. In centive levels posted on www.P owerN aturally.org are calculated using the following formulas: Base Incentive L evels an d To we r Height Ad justm ents Ba se In cen tive Lev els Base Tower Height Tower Height Adjustment ($ per foot difference from base to we r height) $30 for turbines with incentives based on $4,000 per meter Lesser of: 1) $4,000 per meter of rotor diameter, or 2) $4,000 per kW of wind turbine power 80 fe et for tu rbines with incentives based on $4,000 per meter 100 feet fo r turbines w ith incentives based on $4,000 per kW output at 11 m/s per the power curve from IEC 16400-121 $60 for turbines with incentives based on $4,000 per kW M ultiplication Facto rs for Incentive s - Higher incentive levels are available for farms, not-for-profits, municipalities or counties, and schools and colleges that incorporate wind into their curriculum. Farms must show evidence that they have at least $10,000 of farm-related average gross sales, excluding any revenues for leasing land. Schools and colleges must demonstrate sufficient educational benefits to NYSERDA and must provide a summ ary of the classes and number of hours of wind-related instruction that will occur. Not-for-profit organizations m ust provide evidence that they have 501(c )(3) status. Incentives for these custom ers are m ultiplied by the factors in the table below. Incentives for customers that perform m ore than $2,000 worth of work on the project or who climb the tower will be multiplied by the factor indicated in the table below. Additionally, any customer performing such work must be qualified to do the work and will be considered a subcontractor and must meet all applicable terms and conditions in Attac hm ent A , ‘Stand ard T erm s an d Cond itions.’ Thes e cu stom ers m ust have sub con tracting ag reem ents with the Eligible Installer and provide certificates of insurance as required in Attachment A, ‘Standard Terms and Co nditions.’ Incentives for sites where more than one wind generation system is installed will be multiplied by the factor indicated below. Reduced incentive levels will be applied to the second and third wind generation systems located at a single site. No incentives are available for additional wind generation systems beyond the first three at any site. The m axim um incen tive per site is $150 ,000 . Sites that are purs uing Institute for Susta inable Power Qu ality accreditation to provide training on the installation of end-use wind generation systems m ay apply for an exemption to this funding cap. PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 3 Page 3 Mu ltiplication Factors for Incentives Residences, Businesses, Institutio nal, Government Com mercial Farm s* and N otfor-Profits **, and Municipalities or Counties 1.2 Schools or Colleges that Include W ind in Cu rriculum *** Cu stom ers Participating in the Installation Multiplier for Sec ond or T hird Wind Generator at one S ite 1.0 1.4 0.75 0.4 * Comm ercial farms m ust provide evidence that they have at least $10,000 of farm-related average gross sales, excluding any income from leasing land. ** Not-for-profits must show evidence that they have 501(c)(3) status *** Sc hoo ls and colleges that include w ind in the ir curriculum m ust dem ons trate s ufficient educa tional bene fits to NYSER DA to qualify for the higher inc entive level. Cha nges in Incentive L evel - Although incen tive levels are exp ecte d to stay at the levels indicated in the ch arts above, incentive levels m ay be changed at any given tim e during the pro gram , for an y rea son. E ligible Insta llers will be notified of any program changes via e-mail and NYSERDA’s web site and will be able to verify incentive levels at any given time. Any incentives that have been approved and are pending, will not be affected by subsequent changes in incentive levels. W hen the remaining available incentive funds in the program are less than 50% of the total available, Eligible Installers will be n otified to inform them of the rem aining fund s available in th e pro gram to help facilitate appropriate marketing strategies. Installers will then be notified periodically as program funds are exhausted. 4. Ince ntiv e Pa ym ent Schedu le Incentives will be paid to installers in two increments and will be tied to specific installation milestones. The first incentive payment, which is 65% of the total incentive amount approved by NYSERDA for the wind generation system, will be paid after all wind generation system com ponents have been delivered to a customer’s site and Attachment E (including evidence that all required permits, approvals, certificates, etc. from all jurisdictions having authority are secured) is completed, submitted, and approved by NYSERD A. The second incentive payment, which is the remaining 35% of the total incentive amount approved by NYSERDA , will be paid after a wind generation system has been connected to the utility grid, inspected by all authorities having jurisdiction, and/or inspected by NYSERD A or its represe ntatives an d Atta chm ent F has bee n co m pleted , subm itted and ap prov ed b y NYS ER DA . Do cum enta tion for all applicable u tility, state, city, town, and o ther ins pec tions a nd a ppro vals m ust be attache d to Attachment F. 5. Application Approval Timing Com plete, accurate, and legible applications will help facilitate a quick review. NYSERDA will not consider applications that are not complete. If an application is not complete and signed by the responsible installer it will be rejec ted. Installer Eligibility Application Forms will be reviewed within 30 days of receipt. W henever possible, every attempt will be made to notify applicants as quickly as possible. Incentive Application Form Part 1 (Attachment D-1) will be reviewed and installers notified within 30 days of NYSER DA’s rec eipt of the com pleted applicatio n. If the pro posed insta llation does not m eet the req uirem ents o f this PON, the application will be rejected. If installation and interconnection schedules in a customer purchase agreement are not reasonable, the application may be rejected. If a wind generation system has been already installed (partially or completely) before NYSERDA approval, the application will be rejected. Incentive Application Form Part 2 (Attachment D-2) will be reviewed and, for situations where the Town or other permit-granting body has completed requirements of the State Environmental Quality Review Act (SEQRA) (http://www.dec.state.ny.us/website/dcs/seqr/seqr_1.html), installers will be notified within 30 days of receipt of the applicatio n. If there is no zo ning or other pe rm it-grantin g body, an additional 30 days will be necessary. PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 4 Page 4 If all the wind generation system com ponents are not delivered to the customer’s site within 120 days of approval of the incentive, the reservation will become void. Exceptions may be made on a limited, case-by-case basis. W hen all deliverables have been met, incentives for approved wind generation systems will be paid under the terms of NYSER DA’s pro m pt paym ent policy (http://www.nyserda.org/exhibitd.pdf). III. WIND GENERATION SYSTEM AND SITE REQUIREMENTS 1. W ind G eneration System s and Com pon ents All wind generation systems eligible for an incentive must be for new grid-connected, end-use applications. Enduse wind generation systems are connected on the customer’s side of the electric meter and electricity generated by the wind generation system offsets the customer’s electricity purchases. All components of wind generation system s installed unde r this progra m m ust be ne w eq uipm ent. Incentives are only available for wind generation systems that have not been installed (partially or completely) prior to NYSERDA approval of an incentive application submitted in accordance with the terms and conditions of PON 1098. Construction or partial construction of the foundation is considered partial installation of the wind generation system and shall not occur prior to NYSERDA ’s approval of an incentive application. Qu alified W ind G ene rators - On ly Qua lified W ind G ene rators m ay be installed und er this prog ram . In order to qualify, manufacturers or dealers of wind generators must submit Attachment G, ‘Qualified W ind Generator Application Form’ with all of the information requested on the form to NYSERDA. NYSER DA requires that m anufacturers or de alers of w ind generator 1) p rovide evidence of c ertificatio n by a nationally recognized testing laboratory or organization as m eeting the safety and perform ance req uireme nts of a nationally or internationally recognized testing institution, or 2) provide technical information and specifications of the wind generator and provide acceptable evidence to NYSERD A demonstrating one year of reliable operation of that model of equipment at a site with average annual wind speeds of at least 12 mph, or 3) Evidence that the wind generator has demonstrated reliable operation when tested to the requirements of the AW EA Sm all W ind Turbine Perform anc e an d Sa fety Standa rd (or m ost re cen t version of the draft stand ard u ntil the sta nda rd is adop ted). NYSERD A reserves the right to deny eligibility of any wind generator for any reason including but not limited to: poor generator performance, concerns about wind generation system design or quality of data presented, lack of manufacturer support for maintenance, warranties, etc., insufficient experience with generator, etc. NYSERDA may add wind generators that have been approved by other jurisdictions with similar eligibility criteria to its list of Qualified W ind G ene rators. Tow ers - W ind generators m ust be m ounted on n ew towers that are de signed to acco m m odate wind gen erators similar to the wind generator proposed. W ind generators may not be mounted on any pre-existing structure. Inverters and Interconnection - All inverters must be certified as meeting requirements of IEEE Standard 9292000 and UL 1741. Inverters that are listed on the New York State Public Service Com mission’s list of eligible, or type-tested, inverters (http://www.dps .state.ny.us/d istgen .htm ) are required. All wind generation systems m ust have an appropriate interconnection agreement from the utility and wind generation systems m ust be installed in compliance with that agreement. W hen required, wind generation systems must m eet New York State’s Standard Interconnection Requirements. Other Electrical Componen ts - All other electrical components of the wind generation systems such as charge controllers, batteries, wiring, and metering equipment must be certified as meeting the requirements of any relevant national and state codes and standards. M onitoring Equ ipme nt - Eac h ap prov ed w ind ge nera tion system that is 30 kW or sm aller m ust inc lude, at a minimum , a cyclometer register kilowatt-hour meter (or a meter that can be read numerically by a customer or an “easy read meter”) to read total energy output and a digital indication of power output to show instantaneous system output in kilowatts. The m eter must have an accuracy of within ±5% and certificate of compliance from the manufacturer. Meter readings (including the date of the meter reading) must be conducted by the installer or custom er at least once per m onth and po wer produc tion data subm itted to NYS ERD A twice per year for two years following interconnection of the wind generation system. PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 5 Page 5 Each approved wind generation system that is larger than 30 kW must include, at a minimum , a data acquisition system capable of transmitting data to an off-site computer and monitoring, at a minimum , ac power, ac energy at 15 minute or shorter intervals. Data shall be downloaded and reviewed a minimum of monthly for a minimum of two years following interc onn ection of the wind gen eration system .. Pow er produ ction d ata shall be sub m itted to NYSERD A twice per year for two years following interconnection of the wind generation system. 2. Siting Considerations All wind installations must meet the following criteria: - The customer’s lot size must be at least one acre. - Minimum distances between the tower base and human-occupied buildings (including residences, businesses, schools, etc.) must be 300 feet for wind generation systems 20kW and under, 500 feet for wind generation systems between 20kW and 80kW , and 800 feet for wind generation systems over 80kW . Applicants may apply in writing for exemptions from these minimum distances for facilities that they own. If an applicant requests an exemption, the applicant must demonstrate that they understand the possible problems of locating the wind generation system the requested distance from the building. - The minimum set-back between the tower base and property lines, or power lines must be equal to or greater than the height of the wind generation system, including the blades. Applicants may apply for exemptions from the minimum distance to a property line with written permission from the neighbor and an indication from the neighbor that the use of land in the vicinity is consistent with the proposed wind generation system. - Th e m inim um set-b ack betw een the tow er ba se a nd s tructu res or bu ildings m ust be 15 feet. - The minimum annual average wind speed at hub height is 10 miles per hour considering losses due to obstacles and other factors. Sites where obstacles will cause excessive turbulence will not be approved due to the effect the turbulence will have on wind generator system reliability. Customers that are educational institutions pursuing Institute for Sustainable Power Quality accreditation to provide training on the installation of end-use wind generator system s m ay app ly for an e xem ption to this req uirem ent. 3. Required Documentation for Incentive Applications The re are two parts to the incentive application: Attachm ent D-1, ‘Techn ical Inform ation’, and Attachm ent D-2 ‘Perm itting and SEQR A Inform ation’. Ins tallers m ay subm it Attach m ent D -1, Ins tallation Inform ation’ prior to obtain ing perm its for the wind generato r syste m as it is possible that th e re view of Attac hm ent D-1 could res ult in recom m end ations to chang e wind ge nera tor system location or tower heigh t. Attachm ent D-1 - Attachm ent D-1 des cribes the site and the wind genera tor system that will be erected. Installers must supply all of the information requested in Attachment D-1, ‘Installation Information’. Applications that do not includ e all of the inform ation re que sted will be retu rned . Attachm ent D-2 - Installers must obtain all necessary permits, approvals, certificates, etc. from all jurisdictions having authority for all installed wind generator systems. Copies of all necessary permits, approvals, certificates, as well as information requested on Attachment D-2 must be attached to Attachment D-2, ‘Permitting and SEQRA Inform ation’. Applica tions th at do not inc lude all of the inform ation re que sted will be retu rned . INSTALLERS ARE URGED TO OBTAIN ALL NECESSARY PRE-CONSTRU CTION PERMITS APPROVALS, CERTIFICATES, ETC. FROM ALL JURISDICTIONS HAVING AUTHORITY PRIOR TO ORDERING EQUIPMENT SINCE NYSERDA WILL NOT PROCESS ANY PAYMENTS WITHOUT PROOF THAT ALL PERMITS AND APPROVALS HAVE BEEN OBTAINED. IV. INSTALLER ELIGIBILITY Installer eligibility will be determined and maintained for a specific size-range of wind generator systems, depending on the types of wind ge nera tor system s the installer h as e xpe rience insta lling. In add ition, eligibility may be lim ited to certain types of generators or towers, depending on the training and experience demonstrated. NYSERDA m ay refuse to grant eligibility for any reason. In addition, eligibility is contingent to adhering to the terms and conditions of this progra m des cribed in Attachm ent A . Eligibility will be based on factors such as acceptance of all program terms and conditions, training, extent and type of installation expe rience, custom er reference s, and m eeting the ins uran ce re quirem ents of this p rogram . PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 6 Page 6 Eligible Installers are required to sign and comply with the Standard Terms and Conditions (Attachment A). If an Eligible Installer, his or her employees, or subcontractors do not meet all program terms and conditions or program requirements, the Eligible Installer will be subject to termination or suspension actions as described in Attachment A, ‘Standard Terms and Conditions’. Past performance under NYSERD A programs is a critical criteria for determining eligibility and the conditions of eligibility under this solicitation. Ins tallers m ust m eet all insurance re quirem ents (both c om m ercial general liability and com m ercial autom obile liability insurance) as specified under Section 10 of Standard Terms and Conditions (Attachment A). Each insurance certificate must name NYSER DA and the State of New York as additional insureds. Proof of insurance must be provided to NYS ERD A and s ubm itted with an Installer Eligibility Application Form (Attachm ent C). Installers must demonstrate adequate competency installing wind generator systems. Depending on the level of training and exp erience, ins tallers m ay be d esignate d as an E ligible Insta ller or a P rovisional Eligible Installer. In order to obtain and retain eligibility in this program, installers must dem onstrate that they have installed a wind generator system or participated in hands-on training for the installation of a wind generator system within the previous two years. Prov isiona l Eligible Ins taller - Provisional statu s m ay be a vailable to installers that suc ces sfully com plete classroom and hands-on training on installing wind generator systems of the size they wish to install. Once an installer is n otified that he/sh e is eligible to particip ate in the incentive program , an incentive applicatio n fo r a s pecific cus tom ers/installation s m ay be s ubm itted im m ediately. Provisiona l installers m ay reserve one incen tive at a tim e. Upon com pletion and interconnection of each wind generator system, they may reserve an incentive for another wind gen erato r system . Provisional Eligible Installers must have a minimum of 18 hours of classroom and hands-on small wind installation training is required for wind generator systems under 3 kW in size; more training is required for larger wind generator systems. Applicants must dem onstrate that the training was taught by qualified instructors and that it was comprehensive and covered siting, estimating the wind resource and energy output, installing the wind generator system, and normal maintenance activities. Installers must provide references that verify that the installer attended the training and d em ons trated com pete nce in installing wind gen erato r system s. Unless installers c an d em ons trate sufficient wind installation experience in addition to the classroom and hands-on training, their eligibility will be contingent on having an Eligible Installer present for the pouring of the foundation and wind generator system assembly and erection. This condition will be removed once the installer demonstrates competence through references and inspections. Eligible Installer - Full eligibility is available to installers that meet all of the requirements for provisional status, plus dem onstrate that they successfu lly installed at least three wind gene rator systems . Custom er references that verify competence on installing at least three wind generator system installations must be provided. Site assessment skills, wind resource and energy estimation skills, and professionalism will also be evaluated. Onc e notified of eligibility in writing by NYSER DA, an E ligible Installer may then app ly for up to ten incentive reservations, for specific customers. No more than ten reservations may be held at any given time and reservations will be held for a limited time, as described below. Eligible Installers who have performed well under this program may apply to be eligible to hold more than ten reservations at a time. As installations are completed, the installer can apply for additional incentive reservation(s) for a new customer(s), not exceeding ten reservations, at any given time. NY SERD A do es n ot anticipate limiting the tota l num ber o f incentives app roved over tim e for Eligible Ins tallers. Only the number of reservations that can be held at any given time will be limited. NYSERDA m ay reduce the number of reservations that can be held by an installer at any time. NYSER DA’s Rights and Limitations - NYSERDA may deny or revoke eligibility for any reason, including, but not lim ited to: in adequate training, inadequate experience, poor references, failure to act p rofessionally, fairly, and in good faith with NYSERDA or customers, providing false information to NYSERDA or customers, poor performance in previous NYSERDA programs, and committing actions that would be subject to disciplinary actions under Section 3(b) of A ttac hm ent A, ‘Sta ndard T erm s and Co nditions’. Neither NYSERDA nor the State of New York: (1) endorse any Eligible Installer; or (2) guarantee, warrant, or in any wa y rep resent or as sum e liability for any work pro posed or carried out by an Eligible Ins taller. Additionally, NYSERD A is not responsible for assuring that the design, engineering and construction of the project or installation of any wind generator system is proper or complies with any particular laws, regulations, codes, licensing, PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 7 Page 7 certification and permit requirements, or industry standards. NYSERDA does not make any representations of any kind regarding the results to be achieved by the wind generator systems or the adequacy or safety of such measures. IV. GENERAL CONDITIONS Proprietary Information - Ca reful cons ideration sh ould be given before co nfidential inform ation is sub m itted to NYSERD A as part of your proposal. Review should include whether it is critical for evaluating a proposal, and whether general, non-confidential information, may be adequate for review purposes. The NYS Freedom of Information Law, Public Officers law, Article 6, provides for public access to information NYSERD A possesses. Public Officers Law, Section 87(2)(d) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a comm ercial enterprise or derived from information obtained from a comm ercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Informa tion subm itted to NYS ERD A that the proposer w ishes to have treated as proprietary, and confidential trade secret information, should be identified and labeled "Confidential" or "Proprieta ry" on each page at the tim e of dis closure. This info rm atio n should include a written req uest to except it from disclosure, including a written state m ent of the rea sons why the info rm atio n should be excepte d. S ee Public Officers Law, Section 89(5) and the procedures set forth in 21 NYCRR P art 501 www.nyserda.org/nyserda.regulations.pdf. However, NYSERDA cannot guarantee the confidentiality of any information submitted. Om nibus Procurement Act of 1992 - It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises, as bidders, subcontractors, and suppliers on its procurement Agreements. Information on the availability of New York subcontractors and suppliers is available from: Em pire State Development Division For Small Business 30 South Pearl Street Albany, NY 12245 A directory of certified minority- and women-owned business enterprises is available from: Em pire State Development Minority and W omen's Business Development Division 30 South Pearl Street Albany, NY 12245 Co ntrac t Award - NYSERDA anticipates having multiple Eligible Installers under this solicitation. It may award a contract based on initial applications without discussion, or following limited discussion or negotiations. Each application should be submitted using the most favorable cost and technical terms. NYSERDA may request add itional data or m aterial to sup port a pplica tions. N YSE RD A will use the Te rm s an d Cond itions (A ttachm ent A ) to contract with successful applications. Limitation - This solicitation does not comm it NYSERDA to award a contract, pay any costs incurred in preparing a proposal, or to procure or contract for services or supplies. NYSERDA reserves the right to accept or reject any or all proposals received, to negotiate with all qualified sources, or to cancel in part or in its entirety the solicitation whe n it is in NY SERD A's b est inte rest. Disclosure Requirement - The prop oser sha ll disclose any indictment for any alleged felony, or any conviction for a felony within the past five years, under the laws of the United States or any state or territory of the United States, and shall describe circumstances for each. W hen a proposer is an association, partnership, corporation, or other organization, this disclosure requirement includes the organization and its officers, partners, and directors or members of any similarly governing body. If an indictment or conviction should come to the attention of NYSERDA after the award of a con tract, N YSE RD A m ay exercise its stop-w ork right pe nding further inv estiga tion, or term inate the agreement; the contractor may be subject to penalties for violation of any law which may apply in the particular PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 8 Page 8 circumstances. Proposers must also disclose if they have ever been debarred or suspended by any agency of the U.S. Government or the New York State Department of Labor. V. ATTACHMENT S: A - Standard Terms and Conditions B - Addendum to Customer Purchase Agreement - Standard Terms and Conditions C - Installer Eligibility Application Form D-1 - Incentive Application Form: Part I, ‘Installation Information’ D-2 - Incentive Application Form: Part II, ‘Permitting and SEQRA Information’ E - Initial Incentive Payment Form (65% of Approved Incentive) F - Final Incentive Paymen t Form (35% of Approved Incentive) G - Q ualified W ind Gene rator Application Form Attachment Attachment Attachm ent Attachment Attachment Attachment Attachm ent Attachm ent PO N N o. 1098 Ne w Y ork State E nergy Rese arch an d De velopm ent Au thority 9 Page 9

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