Indexed REC-40: Can a Bidder increase the size of Project after submitting the Part 1 Proposal?

As stated in Section V.1 of the RFP Rules, once the Part 1 Proposal is complete, the Project information including the name of the Project, category of the Project, and size of the Project provided in the Part 1 Proposal cannot be changed in the Part 2 Proposal. In addition, according to Section IV.7.3 of the RFP Rules, the Part 1 Proposal will remain in full force and effect until fourteen (14) business days after the Bid Date.

However, please note that there is no prohibition under the Indexed REC Contract for size changes. Nevertheless, we note the following: (i) if the Project is a utility-scale project, the Project size must be greater than 5 MW (AC rating), (ii) at least 50% of the Project is located within the physical location identified in the Site Description in the Product Order for utility-scale projects, and the Project must be entirely located within the physical location identified in the description of the Project Site in the Product Order if the Project is a Brownfield Site Photovoltaic Project, (iii) the Annual Quantity in each Indexed REC Contract is a binding obligation, and is used to measure performance under the Contract, and an Event of Default shall be deemed to occur if three (3) or more Shortfall Years occurred, and the cumulative sum of the Shortfall Amounts across all Shortfall Years equals or exceeds in Annual Quantity under the Indexed REC Contract, and (iv) the RFP Project Percentage may not be amended during the Term of the Indexed REC Contract.