NYSERDA - PON716 - A.Summary - Photovoltaic Incentives for

Photovoltaic (PV) Incentives for Eligible Installers Program Opportunity Notice (PON) 716 Revised December 21, 2007 App lications Accepted Starting October 28, 2002 through Feb ruary 15, 2008 by 5:00 PM Eastern Tim e* The New York State Energy Research and Development Au thority (NYSE RDA) requests applications from photovoltaic (PV) installers for eligibility in a financial incentive program for approved PV systems installed for eligible New Y ork State customers. Eligible customers are those who pay the Systems Benefit Charge as a part of their electricity bill. PV system installers and dealers are encouraged to sub mit applications to become eligible installers. Installers can apply for eligibility at any time while the program is open. Eligible installers can then apply for financial incentives for approved PV en d-use system s meeting the req uirements of this P ON . Approximately $22.9 million is available for PV incentives. Additional funding may be made available, depending on customer demand and program success. The program will be implemented on a first-come, first-served basis. Incentives are available to eligible installers for new grid-connected, end-use PV systems for all end uses and sectors. Incentives are capped at 50 kW , however systems can be larger than 50 kW . Incentives are based on direct current module ratings at standard test conditions details can be found under section II. All incentives are capped at 60% of the total installed cost for all systems. PV systems must be sized to m eet specific site energy needs (local load or demand) and cannot exceed 110% of the demonstrated energy dem and fo r the site, taking into account an y oth er on-site electrical pow er gen eration system s. Incentives are only available for new equipment and PV systems that have not been installed (partially or com pletely) prior to NY SER DA approv al of an incentive application subm itted in accordan ce with the terms and con ditions of PON 716. Incentives are only available to eligible installers and incentives must be passed on to cu stom ers. Incentives w ill not be provided directly to custom ers purch asing or installing PV systems. Incentive levels may be changed at any time while the program is open. Any revisions in the program or incentive levels will be posted on N YS ER DA ’s website. Interested customers will be encouraged to contact eligible installers. A list of eligible installers is posted on N YS ER DA ’s web site (www.PowerNaturally.org). The application forms for this program are available directly from NYSERD A at www.nyserda.org under the Funding Opportunities heading and subheading PON 716, or by contacting NYSE RDA at 866-NY SER DA , or at info@nyserda.org. Complete application forms for 1) eligibility as an installer and for 2) incentives for specific installations by eligible installers will be processed and approved on a first-come, first-served basis un til funds are fully committed. Complete installer application forms must be clearly labeled, contain all required information, have original signatures, and be mailed to: New Y ork State Energy Research and Develop ment Authority ALS-PON 716 Install App. 17 Colum bia C ircle Albany, NY 12203-6399 *Envelopes must be addressed as indicated above or processing may be delayed. Installers may direct any questions to 1-866-NY SERD A, 518-862-1090 or info@nyserda.org. Please ind icate that you are calling in reference to PON 716. Faxed or e-mailed applications will not be accepted. Proposals will not be accepted at any other NYSERD A location other than the address specified above. I. INTRODUCTION Developing a Sustainable Market for R enewable Energy Techno logies NYSE RDA works to develop and implement complementary programs that encourage a sustainable market for the delivery, installation, and service of qu ality end-use P V systems. For example, PON 717 provided market supp ort incentives for PV dealers and installers and complements PON 716. NY SER DA is also providing funding for institutions, organizations, and facilities that pursue national accreditation for PV training programs, and national certification as PV system/installation instructors or trainers. Additional information about these and many other programs is available at ww w.PowerNaturally.org. The NYS P ublic Service Comm ission established a system for funding such public benefit programs with a System Benefits Charge (SBC) and designated NYSE RDA as administrator of Statewide SBC public benefit programs. An implementation plan for what is known as the New York State Energy $m art sm program can be found at www.nyserda.org/sbc2001-2006 .pdf. As nationally accredited programs for installers are developed and become readily available in New York State, NYSERDA incentive programs will give preference or may require that installers be certified through nationally accredited programs. Until such programs are available in New Y ork State, and for as long as funding is available, N YS ER DA anticipates providin g accredited training opportunities for PV installers to the greatest extent possible. Training opportunities will be posted at www.PowerNaturally.org. Until a national certification program for installers is available, installers that can demonstrate training and experience milestones consistent with the requirements of a national certification programs will be preferred. Program Goals and Ob jectives This program provides incentives to eligible installers for the installation of approved, high quality, new, gridconnected, end-use PV systems. While incentives are capped at 50 kW , system sizes may be greater than 50 kW. Once eligible, installers reserve incentives for approved systems, for specific customers, on a first-come, first-served basis, for as long as funds are available. Effective March 1, 2007 Residential customer will be eligible for incentives up to 10 kW and non-residential systems will be capped at 50 kW per site/meter and 100 kW per customer. Exceptions that demonstrate significant public benefit consistent with NYSERD A’s program objectives will be considered on a case-by-case basis. NY SER DA reserves the right to limit the number of incentives per customer. Incentives can not be approved for systems already installed (partially or completely). The program continuously accepts app lications from installers wh o would like to participate in the program. T he goal is to increase the network of eligible installers across the State, offering customers a choice of qualified or certified installers in their area. Similarly, this installer network enables installers to provide quality service in m anageable geograp hical areas. Installer Eligibility Installer eligibility will be determined and maintained based on factors su ch as, but not lim ited to, acceptance of all program terms and conditions, responsiveness and adherence to all NY SER DA program requirements, training, installation experience, documentation of experience and contact information to verify all experience, track record related to utility interconnections, overall performance, monitoring, customer references, customer satisfaction, and commitm ent to become certified through a national certification program. E ligibility requirements are described in further detail in Section III. Installer eligibility may be revoked at any time if an installer fails to meet all program requirements, terms or conditions. PON No. 716 NYSERDA revised December 21, 2007 Page 2 II. FUNDING, INCENTIVES, AND PROGRAM SCHEDULE A m inimum of $22.9 million in incentives is available through 2007 for approved PV systems for eligible custom ers as defined in Section III. B. Additional funds for incentives are expected to be made available through 2009 through the Renewable Portfolio Standard and will be based on program success, customer demand, and overall system, program, and installer performance. After being notified in writing b y NY SERD A of its eligibility to participate in the program , an eligible installer is authorized to apply for incentives. Reservations will be held for a limited time, as described below. NYSERDA does not anticipate limiting the total num ber of incentives approved for eligible installers. PV incentives are available for many end-uses (building or non-building) and sectors including, but not limited to, residential, commercial, industrial, agricultural, institutional, educational and non-for-profit facilities, and governm ent-owned buildings. Incen tives provided to customers under this program may not be com bined w ith other incentive programs offered by NY SERD A, such as a $/Watt incentive, designed to directly offset the cost of a PV installation. Incentives under this solicitation, however, may be combined with NYSERD A’s Loan Fund Program and New Construction Incentive Program. Information on other NYSE RDA programs can be found at www.nyserda.org. Incentive L evels Incentives are capped at 50 kW, however systems can be larger than 50kW . Incentives will be available as a function of dollars per installed Watt ($/Watt), direct current at standard test conditions (STC) module ratings. Incentive Levels are listed below: Residential Incentive $4.00 per watt up to 5,000 watts or 5 kW, $4.50 per watt Energy Star up to 5,000 watts or 5 kW $4.50 per watt for all building integrated PV systems up to 5 ,000 watts or 5 kW . For additional watts above 5 kW, all residential incentives will be reduced by $1.00/watt and all residential incentives will be capped at 10 kW . Non -Residential Incentives $4.00 per watt up to 25 kW , $4.50 per watt for all building integrated PV systems up to 25 kW , $5.00 per watt for schools, non for profit organ izations, and municipalities up to 25 kW . All non-residential incentives will be reduced by $1.00 per watt for additional watts above 25 kW and nonresidential incentives will be capped at 50 kW per site/meter and 100 kW per customer. Exemption s related to systems per customer may be considered on a case-by-case basis. All customers may be able to receive additional financial assistance through the Loan Fund. All incentives are capped at 60% of the total installed cost for all systems. Systems m ust be sized to meet specific site energy needs (local load or demand) and cannot exceed 110% of the demonstrated demand for the site. NY SERD A reserves the right to limit the number of incentives per customer. * The $4.50 per Watt incentive for New York E NERGY S TAR ®-Labeled Hom es is only available for homes that have been certified as a New York E NERGY S TAR ®-Labeled Home. For more information about the New York E NERGY S TAR ®-Labeled H omes program visit http://ww w.geten ergysmart.org Incentives for additions to existing systems will be considered on a case-by-case basis. Incentives for additions and expansions will require that the completed new PV system (existing and new components) meets all program terms and conditions, including the five year warranty requirements. For approved additions to existing systems where a PON No. 716 NYSERDA revised December 21, 2007 Page 3 complete PV system is not needed (i.e., adding PV panels), an incentive of up to $2.00 per Watt (DC) may be available. Incentives will be paid to installers in two increments and will be tied to specific installation milestones. The first incentive payment, or 75% of the total incentive amount approved by NY SER DA , will be paid after all system components have been delivered to a customer’s site, all permits and approvals have been obtained, and Attachment E is completed, submitted, and approved by NY SER DA . The second incentive payment, or the remaining 25% of the total incentive amoun t approved by NY SERD A, will be paid after a PV system has b een connected to the utility grid, inspected by all authorities having jurisdiction, and/or inspected by NYSER DA or its representatives, and Attach ment F has been com pleted, subm itted and approved by N YSE RD A. Documentation for all applicable utility, state, city, town, and other inspections and approvals must be provided with A ttachments E and F as appropriate. Where necessary, NYSERD A reserves the right to structure incentive payments differently to accommodate unique situations as determined b y NY SERD A. It is anticipated that approximately 65-70% of the total PV incentive funds will be dedicated for net-metered systems. Additional financial assistance may be considered, on a case-by-case basis, for unique or unforeseen issues related to New York State interconnection requiremen ts for approved installations. Although incentive levels are expected to stay at the levels above, incentive levels may be changed at any given time during the program, for any reason. Eligible installers will be notified of any program changes through NY SER DA ’s website and will be able to verify incentive levels at any given time. Any incentives that have been approved and are pend ing, will not be affected by subsequ ent changes in incentive levels. Eligible installers w ill be notified when 75% of NYS ER DA funding has been expended under this solicitation to help facilitate appropriate marketing strategies. Installers will then be notified periodically as program funds are exhausted. Additional NYSERD A Programs NY SER DA can also provide direct assistance to customers (in addition to the $/Watt incentives listed above) through the New York Energy $m art SM Loan Fund. Through the Loan Fun d, best available loan rates at participating banks can be reduced by 4.0% for ten years (www.nyserda.org/loanfund). III. PROGRAM REQUIREMENTS, AND ELIGIBILITY A. Installer Eligibility An installer who is eligible to apply for incentives under this program may have employees working under his/her supervision. However, the eligible installer will be considered the responsible party under this program and will be required to ensure that all of its employees or assistants meet the program requirements and standard terms and conditions for the program. Additionally, any subcontractors performing work for an eligible installer must meet all applicable terms and conditions inclu ding, bu t not lim ited to, insurance (Section 20) and publicity req uirem ents (section 22) in the Standard Term s and Con ditions (A ttachment B). Installer eligibility may be revoked if an eligible installer, its employees, or subcontractors fail to ad here to all program terms, conditions and requirements with regard to any application or installation. Eligible installers w ill have an opportunity to work with NYS ER DA to address any deficiencies related to eligibility, however, it is possible for an installer to be rem oved from the list of eligible installers permanently. Installer eligibility will be determined and an eligible installer will maintain eligibility based on, but not limited to, the following criteria: 1. Edu cation, Training, and Experience PON No. 716 NYSERDA revised December 21, 2007 Page 4 Experience installing systems - Installers will be evaluated on past perform ance, current areas of responsibility with firm or organization, installation experience, credentials, employment history and other relevant experiences (i.e. installing grid-conn ected PV systems). Referen ces an d contact information m ust be provided so that all experience and responsibilities can be verified. Employer and customer references will be verified. It is important to be clear about job responsibilities as an installer or employee in an application. Applications with information that can not be verified may be denied. Custom er references - A minimum of three references for completed, grid-connected installations are preferred where the installer has a primary role in installing a system, however, installers may still be considered for eligibility based on training, education, related experience, and demonstrated willingness and comm itment to pursuing accredited training programs, and/or national certification as a PV installer, and/or working under the supervision of experienced installers or installers who are eligible for incentives under this PON. References for specific projects should be accompanied by a brief description of the systems installed, services provided, the outcome achieved, the schedule, and the applicant’s role in the project. N YS ER DA must be able to verify all references provided in an application. Program performance and customer satisfaction - Eligible installers must demonstrate that they are meeting all program requirements for each installation and will be evaluated through plan ned and random system inspections. Installer eligibility may be revoked at any time as outlined in this PON and for failing to meet any program requ irements or the requirements outlined in the PON ’s Terms and Conditions (Attachment B). Written complaints received by NY SERD A from customers of PV systems will be docum ented and investigated by NYS ER DA or its representatives, shared with the installer, and if the complaints can be substantiated and are significant or repetitive, may result in revocation of installer eligibility to participate in PON 716. Relevant education and training - Preference will be given to training that is obtained from nationally accredited training program s and courses taught by nationally certified in structors. A minimum of 24 hours of nationally accredited training is preferred and will be required as such training becomes readily available in New York. If an installer does not meet program requirements related to training and experience installing grid connected PV systems, an installer may be approved as an eligible installer on a provisional basis, assuming all other program requirements have been met. Provisional status is considered on a case-by-case basis and is determ ined by a num ber of factors, including, bu t not limited to verifiable training, experience, an d education. Provisional installers can work with NYS ER DA and custom ers on a project-by-project basis un til three grid con nected PV systems are successfully installed under PON 716, in accordance with all program requirements, terms, and conditions. After three successful installations in accordance with all program requirements, an installer will be considered for full eligibility. Provisional installers can apply for incentives, one project at a time; however, provisional installers will not be included in the list of eligible installers posted on NYS ERD A’s website. 2. Performance in Meeting Requirements Under PON 716 Installers will also be continuously evaluated based on factors such as, but not limited to: - Representing NY SE RD A’s program and the installer’s role in the program accurately an d responsibly. - Providing customers, utility staff, local officials, the N YS ER DA Project M anager, an d others with accurate information that can be verified. - Adequately informing customers of all program m ilestones, approvals, schedules, and requirements. - Respond ing to NY SER DA program requirements and needs. - Honoring the 5-year full system warranty as described below. - Respond ing to customers’ service installation and service needs. PON No. 716 NYSERDA revised December 21, 2007 Page 5 - Paying equipment vendors promptly. - Charging customers fair and equitable rates that are competitive and consistent. - Passing the incentives to the customer in a timely manner, consistent with project milestones. - Reporting to NY SER DA , including submission of performance data for each installed system, at least two times per year for two years. - Eligible installers will be considered the responsible party under this program , and will be required to meet all program terms and conditions, even for systems installed partially or completely by other members of their firm or company. All subcontractors working for eligible installers will also be required to meet all program terms and conditions. 3. Insurance All installation contractors and subcontractors must meet all insurance (both commercial general liability and commercial automobile liability insurance) requirements as specified in Section 20 of the Standard Terms and Conditions (Attachment B). Each insurance certificate must name NYSER DA and the State of New Y ork as additional insureds. Proof of insurance must be provided to NY SERD A and submitted with an Installer Eligibility Application Form (Attachment C). NYSER DA cannot pay invoices unless complete and current insurance certificates are filed w ith NYS ER DA ’s Office of Contract Management. B. PV System Eligibility, System Installation, and System Inspection Req uirem ents All systems, system com ponents, and installations mu st comply with any and all applicable laws, regulations, codes, licensing, permit and inspection requirements, including, but not limited to, the New York State Building Code, the National Electric Code, New York State’s Standard Interconnection Requirements, utility requiremen ts, and all applicable State, city, town, or local ordinances or permit requiremen ts. Installers must obtain all necessary permits and approvals from the authorities having jurisdiction for all installed systems. Copies of such permits and approvals must be attached to the incentive payment forms. Incentive payment forms will not be processed without all the necessary permits and approvals attached. 1. Eligible Applications Incentives will be provided for customers that are New Y ork electricity distribution customers of: Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation, Orange and Rockland Utilities, Inc. and Rochester Gas and Electric Corporation who pay the System Benefits Charge. - All PV systems eligible for an incentive mu st be for new grid-connected, end-use app lications. - Incentives are only available for new equipment and PV systems that have not been installed (partially or completely) prior to NYSER DA approval of an incentive application. - Electrical end-use output may be either AC or DC to meet the requirements of the end-use load being served. 2. System Warranties All PV systems must be covered by a 5-year full warranty to the purchaser of the PV system. The warranty must cover all components of the generating system against breakdown or degradation in electrical output of more than ten percent from their original rated electrical output. The warranty shall cover the full costs, including labor and repair or replacement of defective components or systems. Batteries m ust have a two year w arranty. PON No. 716 NYSERDA revised December 21, 2007 Page 6 3. System Components All system components installed under this program must be new. Used or refurbished equipment is not permitted under this program. Mo dules - All PV modules, including building-integrated PV modules, must be certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703. Inverters - All inverters must be certified as meeting requirements of IEEE Standard 929-2000, UL 1741, the New York State Public Service Commission (www.dps.state.ny.us), and the applicable utility. Other Electrical Components - All other electrical compon ents of the 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. Monitoring Equipm ent - Each approved PV system must inclu de, at a min imum, a cyclom eter register kilowatthour 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 meter must have an accuracy of 5% and certificate of compliance from the manufacturer. Meter readings must be conducted by the installer or customer at least two times per year and energy and power production data submitted to NYSERDA two times per year for each installed system. For systems greater than 25 kW, meter readings must be conducted mon thly for two years and the data must be sub mitted to N YS ER DA every six months. 4. Interconnection All systems must have an appropriate interconnection agreement that meets New Y ork State’s Standard Interconn ection Requirements and systems mu st be installed in compliance with that agreement. 5. Inspections NY SER DA reserves the right to make a reasonable number of visits to the customer site(s) during and after installation of the PV system, up to 12 months following the completion date of the project. Such visit(s) will be at a time convenient to the customer and made with at least a one-week advance notice to the PV system owner by NYSE RDA . Installers and customers will receive copies of written reports summarizing the results of the inspection. The purpose of the site visit(s) is to provide NYS ER DA with an opportunity to evaluate the installed PV system in order to determine the actual kW production for program evaluation purposes and to verify installation compliance. Final incentive payments may be contingent on NYSERDA inspecting an installed system. Inspections will be made within a reasonable time after a system is installed and are not intended to significantly delay a final incentive paym ent, if all program requirements have been m et. 6. Other Documentation System Output and Shading An alysis - An estimate of annual system output and a shading analysis using the Clean Power Estimator, the Solar Pathfinder, or similar evaluation tool must be completed for each PV system and submitted with an Incen tive A pplication (Attachment D). System orientation and tilt angle must be provided with the shading an alysis. Site Map - A site map must be included with each incentive application. A site map must include: location of panels, the inverter, system orientation and tilt angle, location of batteries (if any), lockable disconnect switch, poin t of con nection w ith utility system, easy-to-read meter, customer name and address, contract nam e and eligible installer number. Customer Purchase Agreement - A C ustomer Purchase Agreem ent m ust be develop ed and signed by an eligible PON No. 716 NYSERDA revised December 21, 2007 Page 7 installer and the eligible customer for each approved PV system and must be attached to the PV incentive application form. A Purchase Agreement must include installation location, total system and itemized costs, applicable incentives, installation and payment schedule, warranty provisions, a description of the system being purchased and an outline of system sp ecifications, the m ake and model of major system compon ents, references to UL listing, etc. The Customer Purchase Agreement MU ST have a realistic installation and interconnection schedule that takes into account NYSERDA and utility review requirements. For example, incentive applications should not have an expected installation date that does not include adequate time for NYSERDA to receive, review, and notify an eligible installer regarding the status or approval of an application (approximately 21 business days). Each C ustomer Purchase A greement must also include reference to NYSERDA ’s renewables web-site address www.PowerNaturally.org for information on N YS ER DA ’s program, a provision giving NYS ER DA the right to inspect the system and a notification that NYSERDA will not make any payments without proof that all required permits and approvals have been obtained. Lastly, each Customer Purchase Agreement must also include the following language, “Neither NYSER DA nor the State of New York: (1) endorse any Eligible Installer; or (2) guaranty, w arranty, or in any way represent or assu me liability for any work proposed or carried out by an Eligible Installer. Additionally, NYS ERD A is not responsible for assuring that the design, engineering and construction of the project or installation of any wind system is proper or complies with any particular laws, regulations, codes, licensing, certification and permit requirements, or industry standards. NYSE RDA does not make any representations of any kind regarding the results to be achieved by the solar systems or the adequacy or safety of such measures.” Environ mental Assessment - For all projects that include the installation of PV panels with total panel surface area exceeding 4,000 square feet, an environmental assessment form must be completed and the project must satisfy the New Y ork State Environmental Quality Review Act (SEQRA). Installers must indicate if PV panel surface area exceeds 4,000 square feet and the N YS ER DA Project M anager will advise the installer on p roceeding with SEQRA. Required System Documentation - A one-line electrical draw ing, cut sheets on all major comp onents (i.e., modules, inverters, charge controllers, batteries), an installation manual for the approved system, and the operation and maintenance instructions for the customer must be provided for each system. IV. PROCESS, TIMING, AND MILESTONES Installer Eligibility Application Forms will be reviewed on the first business day of each month while the program is open. All applications received on or before the first of each month will be reviewed and notification regarding eligibility will be sent to the installer by the last business day of that same month. W henever possible, every attempt will be m ade to notify applicants as quickly as possible. Complete and legible applications will help facilitate a quick review. If an application is not complete, accurate, and signed by the responsible installer it may be rejected. Once an installer is notified that he/she is eligible to participate in the incentive program, incentive applications for specific customers/installations may be sub mitted im mediately. Incentive form s will be reviewed and installers notified regarding the status of their application within 21 business days of receipt of the application. Comp lete, legible applications will ensure a timely review and response. Incom plete applications may be rejected. If installation and interconnection schedules in a customer purchase agreement are not reasonable, an application may be rejected. If a system has been already installed (partially or completely) before NYSER DA approval, the application will be rejected. If the all the system components are not delivered to the customer’s site within 90 days of approval of the incentive, the reservation w ill become void . Ap plications for incentives for P V systems that have been approved in a technical analysis completed under NYSERD A’s New Construction Program will have additional time to deliver equipment to the customers site (up to a maximum of nine months) and will be determined on a case-by case b asis. Exceptions or extensions may be made on a limited , case-by-case basis. W hen all deliverables have been met, all incentives for approved systems will be paid under the terms of NYSERDA’s prompt payment policy PON No. 716 NYSERDA revised December 21, 2007 Page 8 (http://ww w.nyserda.org/ex hibitd.pdf). Attachment A sum marizes the steps, requirements, schedule, and outcomes at each step for the process that an installer must complete to become eligible as an installer. The process for incentive approval and payment schedule is also summarized. Eligible installers must make sure that customers are aware of all program requirements, NYS ERA review an d approval steps, and schedu les. V. GENERAL CONDITIONS Proprietary Information - Careful consideration should be given before con fiden tial information is submitted to NYSE RDA 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 F reedom of Information Law, Public Officers law, Article 6, provides for public access to information NY SER DA 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 commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject en terprise." Information submitted to N YS ER DA that the proposer wishes to have treated as proprietary, and confidential trade secret information, should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excep ted. See Public Officers Law, Section 89(5) and the procedures set forth in 21 NYC RR Part 501. However, NYSE RDA 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 Y ork 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: Empire 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: Empire State Development Minority and Women's Business Development Division 30 South Pearl Street Albany, NY 12245 Contract 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 subm itted using the most favorable cost and technical terms. NY SER DA may request additional data or material to support applications. NYSERDA will use the Terms and Conditions (Attachment B) to contract with successful applications. Limitation - This solicitation does not commit NYSER DA to award a contract, pay any costs incurred in preparing a proposal, or to procure or contract for services or supplies. NYSERD A 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 when it is in NY SERD A's best interest. Disclosure Requirement - The proposer shall disclose any indictment for any alleged felony, or any conviction for a felony within the past five years, under the laws of the Un ited States or any state or territory of the United States, PON No. 716 NYSERDA revised December 21, 2007 Page 9 and shall describe circumstances for each. When 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 NY SER DA after the award of a contract, NYSERDA may exercise its stop-work right pending further investigation, or terminate the agreement; the contractor may be subject to penalties for violation of any law which may apply in the particular circumstances. Proposers must also disclose if they have ever been debarred or suspended by any agency of the U.S. Government or the New Y ork State D epartment of Labor. Attachments: Attachment A- Process, Schedule, and Outcome Sum mary Chart Attachment B - Standard Terms and Conditions Attachment B-1-Approved Program Description for Eligible Installer Websites Attachment C - Installer Eligibility Application Form Attachment D - Incentive Ap plication F orm Attachment E - Initial Incentive Payment Form (75% of Approved Incentive) Attachment F - Final Incentive Payment Form (25% of Approved Incentiive) PON No. 716 NYSERDA revised December 21, 2007 Page 10 PON No. 716 NYSERDA revised December 21, 2007 Page 11