Supplemental Photovoltaic RFP (IPA)
On October 28, 2014, the IPA submitted a Supplemental Photovoltaic Procurement Plan (“Supplemental Plan”) in accordance with Section 1-56(i) of the IPA Act. The ICC issued its Order with regards to the Supplemental Plan on January 21, 2015. The Supplemental Plan approved by the ICC provides for three procurements of renewable energy credits from photovoltaics in 2015 using the Renewable Energy Resources Fund (“RERF”). The first and second such procurement events took place in 2015. The third such procurement event is schedule for March 2016. The documents related to the first two procurement events are provided on this page.
IPA Spring 2016 SPV RFP Calendar (January 25, 2016)
Announcements – Spring 2016 SPV RFP
IPA Fall 2015 SPV RFP Calendar (September 18, 2015)
Spring 2015 SPV RFP Calendar (March 13, 2015)
Announcements – Spring and Fall 2015 SPV RFP
Click here to access the Renewable Resources page of the IPA website, which includes the meter accuracy standards.
Click here to view Supplemental PV FAQs.
Supplemental Photovoltaic RFP Results
- Spring 2016 Supplemental Photovoltaic RFP Results (April 04, 2016)
- ICC Public Notice of Spring 2016 Supplemental Photovoltaic RFP Results (April 4, 2016)
- Fall 2015 Supplemental Photovoltaic RFP Results (November 18, 2015)
- ICC Public Notice of Fall 2015 Supplemental Photovoltaic RFP Results (November 18, 2015)
- June 2015 Supplemental Photovoltaic RFP Results (June 24, 2015)
- ICC Public Notice of June 2015 Supplemental Photovoltaic RFP Results (June 24, 2015)
Spring 2016 Supplemental PV RFP
Supplemental PV Bidder Information Webcast (February 24, 2016)
- IPA Supplemental Bidder Information Webcast (February 24, 2016)
- IPA SPV Webcast Presentation (February 24, 2016)
Spring 2016 Supplemental PV FINAL Documents
- Final Supplemental PV RFP Documents
- Spring 2016 SPV Rules (February 23, 2016)
- Appendix 1: Final REC Purchase & Sale Agreement (see below)
- Appendix 2: Part 1 Form (Illustrative) (February 23, 2016)
- Appendix 3: Part 2 Form (Illustrative) (February 23, 2016)
- Appendix 4: Illustrative Bid Form (February 23, 2016)
- Appendix 5: Evaluation of Bids (February 23, 2016)
- Appendix 6: Standard Pre-Bid Letter of Credit (February 23, 2016)
- Appendix 7: Confidentiality Statement (February 23, 2016)
- Appendix 8: Glossary of Terms (February 23, 2016)
- Spring 2016 SPV Rules (February 23, 2016)
- Final Supplemental PV Contract Documents
- Final IPA REC Purchase and Sale Agreement (February 22, 2016)
- Appendix 1 (formerly Appendix A): Illinois State Requirements (February 22, 2016)
- Appendix 2 (formerly Appendix B): Post-Bid Letter Of Credit (February 22, 2016)
- Appendix 3 (formerly Appendix C): Host's Acknowledgement and Certification (February 22, 2016)
- Appendix 4 (formerly Appendix D): Sample Invoice Form (February 22, 2016)
- Final IPA REC Purchase and Sale Agreement (February 22, 2016)
Spring 2016 Supplemental PV DRAFT Documents
- DRAFT Supplemental PV RFP Documents
- DRAFT Supplemental PV Contract Documents
- IPA Supplemental Bidder Information Webcast (October 07, 2015)
- IPA SPV Webcast Presentation (Part 1) (October 08, 2015)
- IPA SPV Webcast Presentation (Part 2) (October 08, 2015)
- Final Supplemental PV RFP Documents
- Fall 2015 SPV Rules (October 07, 2015)
- Appendix 1: Final REC Purchase & Sale Agreement (see below)
- Appendix 2: Part 1 Form (Illustrative) (October 07, 2015)
- Appendix 3: Part 2 Form (Illustrative) (October 07, 2015)
- Appendix 4: Illustrative Bid Form (October 07, 2015)
- Appendix 5: Evaluation of Bids (October 07, 2015)
- Appendix 6: Standard Pre-Bid Letter of Credit (October 07, 2015)
- Appendix 7: Confidentiality Statement (October 07, 2015)
- Appendix 8: Glossary of Terms (October 07, 2015)
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- Final Supplemental PV Contract Documents
- Final IPA REC Purchase and Sale Agreement (October 06, 2015)
- Appendix 1 (formerly Appendix A): Illinois State Requirements (October 19, 2015)
- Appendix 2 (formerly Appendix B): Post-Bid Letter Of Credit (October 06, 2015)
- Appendix 3 (formerly Appendix C): Host's Acknowledgement and Certification (October 06, 2015)
- Appendix 4 (formerly Appendix D): Sample Invoice Form (October 19, 2015)
- Final IPA REC Purchase and Sale Agreement (October 06, 2015)
- Final Supplemental PV Contract Documents
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Fall 2015 Supplemental PV DRAFT Documents
June 2015 Supplemental PV RFP
Supplemental PV RFP Bidder Information Session (May 14, 2015)
FINAL June 2015 Supplemental PV RFP Documents
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- 2015 SPV RFP Rules (May 14, 2015)
- Appendix 1: Final REC Purchase & Sale Agreement (see below)
- Appendix 2: Part 1 Form (Illustrative) (May 14, 2015)
- Appendix 3: Part 2 Form (Illustrative) (May 15, 2015)
- Appendix 4: Illustrative Bid Form (May 14, 2015)
- Appendix 5: Evaluation of Bids (May 14, 2015)
- Appendix 6: Standard Pre-Bid Letter of Credit (June 02, 2015)
- Appendix 7: Confidentiality Statement (May 14, 2015)
- Appendix 8: Glossary of Terms (May 14, 2015)
- 2015 SPV RFP Rules (May 14, 2015)
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June 2015 Supplemental PV DRAFT RFP Documents
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- 2015 SPV RFP Rules (April 24, 2015)
- Appendix 2: Part 1 Form (Illustrative) (DRAFT) (May 09, 2015)
- Appendix 3: Part 2 Form (Illustrative) (DRAFT) (May 09, 2015)
- Appendix 4: Illustrative Bid Form (DRAFT) (April 22, 2015)
- Appendix 5: Evaluation of Bids (DRAFT) (April 24, 2015)
- Appendix 6: Standard Pre-Bid Letter of Credit (DRAFT) (April 22, 2015)
- Appendix 8: Confidentiality Statement (DRAFT) (April 22, 2015)
- 2015 SPV RFP Rules (April 24, 2015)
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Supplemental Photovoltaic Procurement Workshop Announcement (March 31, 2015)
June 2015 Supplemental PV Contract Documents Webcast (March 25, 2015)
June 2015 Supplemental PV Contract Documents
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- Final Supplemental PV Contract Document
- Final Supplemental PV Contract Document
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- Second Draft Supplemental PV Contract Document
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June 2015 Preliminary Proposal Requirements
Supplemental PV FAQs
Click on the question to see the answer:
Will there be a further procurement event under the Supplemental Photovoltaic Procurement Plan? What are other renewable energy procurements are planned thus far for 2017?
The Supplemental Photovoltaic Procurement Plan developed by the IPA and approved by the Illinois Commerce Commission allows for a possible fourth procurement event in Spring 2017, called the Supplemental Photovoltaic Contingency Procurement. The Agency has determined that it is not necessary to conduct a Supplemental Photovoltaic Contingency Procurement.
The following renewable energy procurement events for 2017 are planned and tentative schedules have been released:
- Two procurements for distributed renewable generation resources on behalf of Ameren Illinois, ComEd, and MidAmerican pursuant to the Agency’s 2017 Procurement Plan. The first of these procurement events is planned for this Spring and the schedule is available here:
https://www.ipa-energyrfp.com/calendar/
- Once Public Act 99-0906 becomes effective on June 1, 2017, the IPA expects to conduct an initial forward procurement event for Wind/Solar in summer 2017. The expected schedule, which is provided here:
https://www.illinois.gov/sites/ipa/Documents/2017-Schedule-Announcement.pdf
has bidder registration beginning June 22, 2017 and a Bid Date of August 10, 2017.
Additional forward solar procurement events will be scheduled at a later date. All such schedules will be posted to the Calendar page of the procurement website.
If you have not already done so, we suggest that you complete the form to Register to receive updates and information regarding the RFPs. These updates will include announcements of upcoming procurement events.
Where can I find information regarding the invoicing process under the SPV contract?
Please review Article 8 of the SPV Contract posted in a PDF entitled “Final IPA REC Purchase and Sale Agreement (February 22, 2016)” on the Supplemental PV Procurement section of the procurement website. For additional questions related to the SPV Contract and the requirements of the IPA under the SPV Contract, please address your question directly to the IPA. The Procurement Administrator can provide email contact upon request.
Can we use a portion of our forecasted RECs for a system larger than 25 kW (but only invoice for the portion attributable to 25 kW)?
No. Under the Supplemental Photovoltaic RFP (“SPV RFP”), a forecast quantity can only be bid for systems less than 25 kW in size that have not yet been identified. Please note that, in its Part 1 Proposal, a Bidder was required to certify that the entire forecast quantity included in their proposal consists of systems in the Sub-25 Category that are not yet identified and that the Seller understands and agrees that under the terms of the SPV Contract, no portion of the forecast quantity can be used for systems in the 25-Plus Category.
We have a client with an identified system below 25 kW under an SPV contract. The client has to move from his current home and wants to move the system to the new home. Can this be accommodated under the terms of the SPV contract?
A Seller may request to replace a winning system identified in its SPV Contract prior to the system being energized. Such request must be made in writing to the IPA and is granted at the sole discretion of the IPA. In addition, the substitute system must be within the great of + 25% or + 5 kW (whichever is greater) of the planned installed capacity of the system being replaced and must meet all the requirements for systems to be eligible for the SPV RFP. Please see section 3.10 of the SPV Contract for all requirements for substituting systems under the SPV Contract.
The SPV Rules state that a system must be no more than 2,000 kW in size. Could this requirement be lifted in a future procurement event for RECs of distributed generation systems to allow for systems larger than 2,000 kW?
To be considered distributed generation, a system must, among other requirements, be no more than 2,000 kW in size. To the extent that a future procurement event solicits RECs from distributed generation systems, this requirement would remain.
We will have a contract with the IPA for a system under 25 kW under the terms of the SPV Contract. Can we plan to add to the capacity of this system at a later date?
Please refer to Section 3.9 of the SPV Contract regarding restrictions on the ability to change the system size. Examples of restrictions include, but are not limited to, Section 3.9.2 that requires any changes in size to be within the greater of: + 25% or + 5kW from the Planned Installed Capacity and Section 3.9.3 that requires for the Final System Size to not result in a change in a Size Category. Nevertheless, systems that are co-located can be considered separate systems under the SPV RFP as long as each system has its own separate revenue quality meter and has its own identifier in the applicable tracking system (GATS or MRETs).
Will the IPA hold another Supplemental PV Procurement event in 2016?
No. The Supplemental Photovoltaic Procurement Plan developed by the IPA and approved by the Illinois Commerce Commission allows for a possible fourth procurement event in Spring 2017 if there are available funds. Such a procurement event may or may not occur.
Please note, however, that the 2016 Procurement Plan includes a procurement event under the Utility Distributed Generation RFP for June 2016 (more information will be posted here as it becomes available: https://www.ipa-energyrfp.com/renewable-energy-resources-section/).
Can we use our State Tax ID number in the Appendix 1.5?
The information expected in Appendix 1.5 is a Federal Tax ID.
We received a deficiency with respect to our Pre-Bid Letter of Credit. The bank agrees with the change. Does the bank have to re-issue and re-deliver the letter of credit to the IPA?
Your bank does not need to and should not re-issue the letter of credit. (If you bank re-issues the letter of credit there could be new deficiencies with the replacement form). Instead, your bank should be issuing an amendment with the changes required by your deficiency notice. Your bank would then send only the amendment to a given letter of credit to the IPA by overnight delivery service.
Does the IPA pay interest on cash deposits?
No interest is paid on cash held as bid assurance collateral or performance assurance collateral.
Does the Seller enter into a separate SPV Contract for each identified system?
An SPV Contract is entered into for each identified system or for a number of RECs bid as a forecast quantity at a given price. The Seller identified in the Part 1 Proposal will execute an SPV Contract for each winning bid associated with an identified system.
Can bid assurance collateral still on account with the IPA from a prior procurement event be used for the current procurement event? What should we do to indicate in the online Part 2 Form that this is what we are doing?
Bid assurance collateral still on account with the IPA from a prior procurement event may be used as bid assurance collateral for the current procurement event. Please indicate in the Justification of Omissions of the online Part 2 Form that you are using cash already posted and on account with the IPA. Please also indicate whether or not you are supplementing this amount with additional cash or a pre-bid letter of credit using the radio buttons and fields provided for this purpose.
Do you require all Appendices 1.1 through 1.5 for submission with the Part 2 Proposal or do you only require Appendix 1.5? If we are a winning bidder will the contract number be listed on the forms?
With the Part 2 Proposal, a Bidder must provide a duly completed Tax Identification Number Form provided as Appendix 1.5 to the SPV Contract for each Seller. Only Appendix 1.5 to the SPV Contract is required with the Part 2 Proposal. A bidder whose bids are approved by the ICC would complete all Appendices as part of the SPV Contract execution process. At that point a contract number would be listed on the forms.
Can you recommend a bank that would be able to issue the Pre-Bid Letter of Credit for purposes of our bid assurance collateral for the SPV RFP?
The Procurement Administrator does not maintain such a list. Each bidder would be expected to work with a financial institution with which it has a current business relationship.
What are the acceptable methods of posting bid assurance collateral?
Bid assurance collateral may be provided in the form of cash or in the form of a Pre-Bid Letter of Credit. Either form is an acceptable method to post the bid assurance collateral required by the Part 2 Proposal.
Is it possible to provide a speculative bid for either the SPV RFP or the DG RFP where the system will not be identified at the time of the bid?
Under the Supplemental Photovoltaic RFP (“SPV RFP”), a Bidder may bid a quantity of RECs that are not associated with identified systems. This is called a “forecast quantity”. Forecast quantities of RECs must be from systems less than 25 kW in size.
Forecast quantities are not allowed under the terms of the Utility Distributed Generation RFP (“DG RFP”). A Bidder must identify all of the systems in their Proposal no later than the Part 2 Date.
The system for our customer and host will be interconnected at the distribution level with Rock Energy Cooperative. Does that violate any of the requirements of the SPV RFP?
The SPV RFP does not exclude systems on the basis of the identity of the company that ensures that the system is interconnected at the distribution level in Illinois.
When the SPV RFP is asking information about the interconnecting utility, should we provide the name of the distribution company or the name of the electricity supplier? Could we be excluded from participating based on the information we provide for this item?
In the information submitted in your Proposal, you are asked about the “interconnecting utility” for the system. The interconnecting utility refers to the entity responsible for the interconnection at the distribution level. It does not refer to the entity from which the customer is purchasing electricity, which may be an alternative retail electric supplier and thus may not be the same at the entity responsible for interconnection.
The SPV RFP does not exclude systems on the basis of the identity of the company that ensures that the system is interconnected at the distribution level in Illinois.
Can we use a bid bond to post bid assurance collateral?
A Bidder must, in its Part 2 Proposal, submit bid assurance collateral in the form of a Pre-Bid Letter of Credit or cash. These are the only acceptable methods of providing bid assurance collateral and performance assurance collateral.
Can we present a system where the owner of an apartment building installs a system and the customer will be one of the tenants? In this case the landlord would be System Owner and Host, but Customer would be the tenant (different from the System Owner and Host). Does the situation change if the system is for the benefit of multiple tenants?
Systems for which Bids are submitted under the SPV RFP must be behind the meter of a Customer of an electric utility, an alternative retail electric supplier, a municipal utility, or a rural electric cooperative located in Illinois. Typically the Customer is the individual or entity listed on the utility bill. There is no requirement that the Customer be the same individual or entity as the Host or System Owner. There is also no requirement for the system to be behind the electric meter for a single Customer so that the system could operate for the benefit of multiple customers.
Can a system that was selected as part of winning Bids in a procurement event under the Utility DG RFP and that was energized after January 21, 2015 be presented in a Proposal under the SPV RFP?
No. In its Part 1 Proposal, a Bidder in the Supplemental Photovoltaic RFP (“SPV RFP”) is required to certify that none of the systems presented in the Proposal have been selected as part of winning Bids in a previous procurement event under the SPV RFP or the Utility Distributed Generation RFP (“DG RFP”). As such, winning systems from a Utility DG procurement event are not eligible to be presented as part of a Proposal in a procurement event under the SPV RFP.
We are the winners of forecast quantities and need more time to identify our systems. Where can I find information on how to make such a request to the IPA?
You may request an extension of up to three (3) months for demonstrated project delays outside of your reasonable project development control. The IPA may grant that extension at its sole discretion. Any request for extension is made in writing in accordance with Article 14 of the SPV Contract.
Does the requirement for a revenue grade meter apply to systems that are over 10kW but that are not expected to produce up to that capacity? Is the system size a DC rating?
For systems over 10kW, regardless of expected production, a revenue quality meter is required. Please consult the Illinois Power Agency’s standards in the document “Revenue-Quality Metering Accuracy Standard and Acceptable Technologies”. System sizes are DC ratings.
We have two systems, a 1 MW system and a 800 kW system. Both of these, for a variety of reasons, have the same expected production on a yearly basis. How is this handled in the SPV Contract? Is there a way to set the Maximum Contract Quantity on the basis of yearly production instead of the DC capacity rating?
As explained in Paragraph I.4.9 of the SPV RFP Rules, the Maximum Contract Quantity of RECs to be delivered under the SPV Contract is determined by the winning system’s size and assumes a capacity factor 14.38%. This calculation is the same for all systems with no deviations. Additionally, please note that in the Part 1 Proposal, a Seller must certify that the size of the system is a reasonable estimate of the DC capacity output of the system and that such estimate is based on the equipment that is or will be installed, and the manufacturer’s specifications.
The IPA, the Buyer under the SPV Contract, may, but is not required to, offer to purchase, RECs from the system in excess of the Maximum Contract Quantity. The Seller may, but is not required to, sell to the Buyer RECs in excess of the Maximum Contract Quantity at the winning bid price for the system.
Will the Bidder Information Webcast materials be available after the webcast?
The slides, audio recording, as well as the questions and answers from the Bidder Information Webcast will all be posted to the Supplemental PV Procurement Section or the FAQ page of the procurement website.
Is it possible to assign the SPV Contract from a winning system to another system?
Please see Article 11 of the SPV Contract for the terms for requesting assignment of a winning Bid under the SPV Contract. Please note that there is a limitation on how early this request can occur after the procurement event.
How are the Benchmarks developed?
Development of the benchmarks is confidential.
How will the IPA view a group of sub-25 kW systems that sit behind a master meter with regards to submission into the program's size categories?
One condition for co-located installations to be “distributed generation” is for each installation to be behind the customer meter (please review all conditions for such installations to be distributed generation). For these installations to be considered separate systems that can be bid separately in the procurement events in the Sub-25 Category, each installation or system must have its own separate revenue quality meter and each must have its own identifier in the applicable tracking system (GATS or MRETs).
What defines an identified system? Must identified systems be installed or energized by a certain date?
An Identified System is a system for which the Bidder has some or all information required by the Worksheet Insert (#P1-2) and some or all of the documentation required by the Backup Insert (#P1-3). Please see Paragraph IV.2 of the SPV RFP Rules for more details. Generally, a system is an identified system if the Bidder provides:
1) Information regarding system characteristics, including: size, system owner information, location, system host information, interconnecting utility, customer account number, system energized date, and seller information; and
2) Documentation regarding the system characteristics, including: system size certification, documentation to support the stated energized date, seller-owner agreement, host acknowledgment, and a certification regarding previously presented systems.
The latest date by which identified systems under this third SPV RFP must be energized is March 31, 2017.
Can the dates for submission of Proposals for this procurement event be postponed until a budget is adopted for the State of Illinois?
No, the timing of this procurement event under the Supplemental Photovoltaic Plan has been approved by the Commission and is not subject to changed.
The SPV contract requires that RECs be delivered from each system within six (6) months. Can there be exceptions to that for reason that are out of the control of the developer?
The SPV allows for extensions to be granted at the discretion of the IPA.
Will the Bidder Information Webcast materials be available after the webcast?
The slides, audio recording, as well as the questions and answers from the Bidder Information Webcast will all be posted to the Supplemental PV Procurement Section or the FAQ page of the procurement website.
Should the Pre-Bid Letter of Credit be sent by overnight delivery service to the IPA by the Part 2 Date?
Yes.
How much is required as bid assurance collateral and performance assurance collateral? When is bid assurance collateral due?
Bid assurance collateral is the collateral required for a Bidder for it to be eligible to submit Bids. Bid assurance collateral in an amount of $4/REC for identified systems and $8/REC for forecast quantities is due on the Part 2 Date. Performance assurance collateral is the collateral required under the SPV Contract. The amount of performance assurance collateral is $8/REC for identified systems and $16/REC for forecast quantities.
For winning Bidders that provide bid assurance collateral in the form of cash, the bid assurance collateral automatically becomes part of the required performance assurance collateral, and thus the incremental new collateral required is the performance assurance collateral requirement net of already-submitted bid assurance collateral amount. This amount is due to be submitted within fourteen (14) calendar days of approval of results of the procurement event by the Commission.
Performance Assurance Collateral is returned to Bidders along with payment for the first delivery of RECs and invoices for the first REC delivery should include the performance assurance collateral required to be returned.
Please note that any requests for return of cash must be in the form of an invoice to the Illinois Power Agency and, as such, processing of requests for return of cash will be delayed until a State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
Can a seller under the SPV Contract invoice for the RECs produced across all of its systems together?
Yes. While a seller will sign a separate contract for each system, a seller can submit a single invoice to the IPA that references several contracts for several systems. Please see Appendix 4 of the SPV Contract for a Sample Invoice Form.
We are presenting a number of systems between 50 kW and 200 kW in our Proposal. Can we combine the REC productions across those systems to reach the 500 REC minimum or is each system separately required to produce the minimum of 500 RECs?
For the 25-Plus Category, the minimum of 500 RECs applies to all systems presented for that Category (and not for each system).
How soon after the energized date must a developer begin delivering RECs?
Within 20 days of the energized date, a system must be registered with a tracking system, either GATS or M-RETs. The Seller must send to the Illinois Power Agency (“IPA”) the System Energized Notification Form included as Exhibit C of the SPV Contract.
Once the IPA reviews and accepts the System Energized Notification Form, the Seller can begin delivering RECs. This marks the start of the 5-year contract term.
Is the performance assurance collateral forfeited if the project associated with a winning Bid is cancelled?
Yes, under the SPV Contract the obligations lie with the Seller. The Contract spells out the obligation to build and deliver RECs. If, for whatever reason, the system cannot build, the Seller is still obligated to deliver RECs. The Seller has the option to assign to alternate systems—but there is no refund of performance assurance collateral. If the Seller does not deliver, this is considered an Event of Default under the contract. For a full description of Events of Default, please see Article 13 of the SPV Contract.
What happens to the contract quantity of RECs to be delivered if the system size of a winning system decreases between the time of award and the time the system is energized?
There are provisions in the SPV Contract that provide for some flexibility if a project’s final size is different from the size expected at the time of award. Please Article 3 of the SPV Contract where these provisions are detailed. In general, the maximum contract quantity is fixed even if system size decreases from the size at time of award. The maximum reduction in size allowable under the contract is 25%.
If a Bidder provided a Pre-Bid Letter of Credit as its bid assurance collateral and the Bidder has no winning Bids, what is the timing for the return of the Pre-Bid Letter of Credit?
If the Bidder does not provide any instructions, the Pre-Bid Letter of Credit will be left to expire on the date stated as part of its terms; that is April 21, 2016. The Bidder may instead provide any special instructions for the return of the Pre-Bid Letter of Credit in the Part 2 Proposal.
If I have more than one Seller in my proposal, does each Seller have to fill in a different Worksheet Insert? Are minimum bid size requirements evaluated separately for each Seller?
You may provide the information required by the Worksheet Insert #P1-2 for all systems in your Proposal, even if these systems have different Sellers. There is no requirement for the information regarding the System Owner, the Host, or the Seller to be same for all systems. Minimum Bid requirements are evaluated for the Bidder’s Proposal as a whole, and not for each Seller separately.
What is the process for requesting an extension for a project that received an award in the first procurement?
For RECs associated with identified systems, winning Bidders must demonstrate to the IPA within twelve (12) months of the Bid Date that the systems bid have been completed, energized, and registered in an applicable tracking system to deliver RECs to the IPA. A Bidder may request a six-month extension upon demonstration of project delays that do not otherwise jeopardize the successful completion of the project. Such extensions may be granted at the IPA’s discretion. A request for extension may be made by Seller to Buyer (the IPA) in writing in accordance with Article 14 of the SPV Contract.
The SRECs from a system are calculated based upon the Maximum Contract Quantity, which uses capacity factor of 14.38%. If our capacity factor exceeds 14.38%, can we bid all the SRECs associated with our system and have that number of RECs be our contract quantity?
No. As you point out and as explained in Paragraph I.4.9 of the SPV RFP Rules, the Maximum Contract Quantity of RECs to be delivered under the SPV Contract is determined by the winning system’s size and assumes a capacity factor 14.38%. This calculation is the same for all systems with no deviations. Additionally, please note that in the Part 1 Proposal, a Seller must certify that the size of the system is a reasonable estimate of the DC capacity output of the system and that such estimate is based on the equipment that is or will be installed, and the manufacturer’s specifications.
The IPA, the Buyer under the SPV Contract, may, but is not required to, offer to purchase, RECs from the system in excess of the Maximum Contract Quantity. The Seller may, but is not required to, sell to the Buyer RECs in excess of the Maximum Contract Quantity at the winning bid price for the system.
We have 40kW of systems to bid into the SPV RFP. Can we submit as part of the characteristics of the systems the location of the head office for the System Owner and then change this address to the actual system locations once these become known at a later time?
A Seller that intends to supply RECs associated with systems in the 25-Plus Category (i.e., systems that are 25 kW or over) must identify each such system by providing the information required under the qualification standards in the Part 1 Proposal. In particular, such Seller will provide the location of the system (or system site), will identify the owner of the system, and will identify the owner of the system site. The Seller will be required to certify in its Part 1 Proposal that the characteristics of the systems presented in the Proposal are true and accurate to the best of the Seller’s knowledge and belief.
If a Seller intends to supply RECs associated with systems in the Sub-25 Category (i.e., systems that are below 25 kW), the Seller may, but is not required to, identify each such system by providing the information required under the qualification standards. If such Seller intends to bid a quantity of RECs that are not associated with identified systems, this quantity will be called a “forecast quantity” (also referred to as a “speculative bid”). If the bidder is awarded forecast quantities, the bidder will then have six months after the Bid Date to identify the systems and twelve months thereafter to install and energize the systems.
Please also refer to Section 3.9 of the SPV Contract regarding restrictions on the ability to change the system size and Section 3.10 of the SPV Contract regarding substitute systems.
When does the IPA cash the Pre-Bid Letter of Credit? When does the IPA cash the Post-Bid Letter of Credit?
For the Supplemental Photovoltaic RFP (“SPV RFP”), a Bidder may choose to submit the bid assurance collateral and Performance Assurance collateral as either cash or a letter of credit. If the Bidder chooses to submit bid assurance collateral in the form of a letter of credit, no cash is required. The Pre-Bid Letter of Credit, posted as Appendix 6 to the RFP Rules, will only be drawn upon for cash if the Bidder fails to abide by its undertakings under the Bidder’s Proposal. Please see paragraph 2 of the Pre-Bid Letter of Credit, which sets out that the conditions for drawing upon the Pre-Bid Letter of Credit:
a) after submission of the part 1 proposal the Seller has disclosed, publicly or to a party other than those involved in the preparation of the proposal, material information relating to the proposal; or
b) the Seller or other parties involved in the presentation of the proposal have made a material omission or misrepresentation in the part 1 proposal or the part 2 proposal submitted in connection with the Procurement Event; or
c) the Seller has failed to execute the applicable supplier contract within ten (10) business days of the bid date or has failed to provide the required deposit within fourteen (14) calendar days of the Illinois Commerce Commission approving its winning bids.
If the Pre-Bid Letter of Credit is not drawn upon, it will cancelled and returned to the issuing bank once the contract execution formalities have concluded.
Similarly, the Post-Bid Letter of Credit, posted as Appendix 2 to the SPV Contract, will only be drawn upon if the there is an Event of Default under the SPV Contract. Such Events of Default include, but are not limited to, failing to complete the project or delivering RECs in the timeframe envisaged by the SPV Contract. For a full description of Events of Default, please see Article 13 of the SPV Contract.
Assuming no Event of Default occurs and the systems are constructed as planned, then in accordance with Paragraph 9.2, the Post-Bid Letter of Credit will be returned with the first payment once RECs are delivered from the systems under contract.
I am considering bidding RECs from solar systems energized prior to January 1, 2015 into the IPA’s procurement events. What are my options? As an aggregator, will I be the counterparty under the contract or will the counterparty be the system owner?
There are various procurement events as approved in the IPA’s procurement plans through which Solar Renewable Energy Credits (“SRECs”) are sold and purchased. These include Supplemental Photovoltaic RFP (“SPV RFP”), the Utility Distributed Generation RFP (“DG RFP”) and the Renewable Energy Resources RFP (“REC RFP”).
To be eligible to be presented as part of the Proposal in the Supplemental Photovoltaic RFP (“SPV RFP”), a system must be “new”, which means that it must have been energized (turned on for a period of 24 consecutive hours) on or after January 21, 2015. If the systems that you are considering presenting as part of your Proposal were energized prior to this date, then this Proposal cannot be presented under the SPV RFP.
Systems energized prior to January 21, 2015 may be presented in a Proposal presented under the DG RFP. However, we note that under the DG RFP a bidder must present systems that together are at least 1 MW and the bidder (an aggregator) must be the signatory of the contract with the utility for any winning systems.
There are various criteria for participation in the Renewable Energy Resources RFP (“REC RFP”). You may see these criteria from last year’s RFP here: https://www.ipa-energyrfp.com/2015-renewable-energy-resources-section/. These include agreeing to the terms of the applicable supplier contracts with the utilities and the submission of a letter of credit to support the bids. The REC RFP is strictly for the sale and purchase of RECs and does not involve presenting particular systems as part of the Proposal. The bidder is the single signatory of the contract with the utility.
To calculate the number of RECs from a 10 kW system, you use the following formula: 0.010MW x 14.38 % x 8760 hours x 5 years = about 63 RECs. What does the 8760 represent?
8,760 is number of hours in a year: 24 hours/day x 365 days/year.
I currently have 16 kW of self-installed, ground mounted solar panels and I am considering adding another 6 kW. As I read 20 ILCS 3855/1-56(i)(1)), the new panels can qualify for the next procurement as long as I have a qualified installer, as defined, make the actual connections between the panels, inverters and main panel. Can you please confirm?
We cannot respond to this question generally and we can only address whether self-installation or co-location with another system could preclude you from selling SRECs in the procurement events under the procurement plans of the Illinois Power Agency (“IPA”).
To be eligible to be presented as part of the Proposal in the Supplemental Photovoltaic RFP (“SPV RFP”), a system must be “installed” by a “qualified person” as described in and required by Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)). The Act defines “install” to mean:
“the major activities and actions required to connect, in accordance with applicable building and electrical codes, the conductors, connectors, and all associated fittings, devices, power outlets, or apparatuses mounted at the premises that are directly involved in delivering energy to the premises’ electrical wiring from the photovoltaics, including, but not limited to, to distributed photovoltaic generation.”
In addition, systems that are co-located can be considered separate systems for purposes of bidding in the procurement event under the SPV RFP as long as each system has its own separate revenue quality meter and has its own identifier in the applicable tracking system (GATS or MRETs).
What is the Standard Products RFP?
The Standard Products RFP (“STP RFP”) is to procure specific quantities of on-peak and off-peak energy in monthly periods. Energy will be procured in 25 MW blocks. Under the terms of the applicable Energy Master Agreements, suppliers deliver a constant quantity of energy to the appropriate delivery point for a Company in either the on-peak Segment or the off-peak Segment of a specific month.
How do I request login credentials for the Supplemental PV and when will these be distributed to me?
To obtain login credentials to be able to submit your Proposal online, you can register for an application account here. You must select “Supplemental PV” as the category before submitting. Account credentials are distributed starting with the opening of the Part 1 Window on February 25, 2016. You can find other dates related to the SPV on the Calendar page of the procurement website.
Is anything changing substantially from the previous procurement events in regards to the bid submission process?
Nothing in the Bid submission process for the Spring 2016 Supplemental Photovoltaic RFP (“SPV RFP”) is expected to change substantially from the prior procurement events. Please review the SPV RFP Rules posted to the Supplemental PV Procurement Section for more details.
Where are the webcast and recording posted?
The presentation and a recording of the webcast have been posted to the Supplemental PV Procurement Section of the procurement website. These files are posted under the heading “Supplemental PV Bidder Information Webcast” and are dated February 24, 2016.
FAQ-SPV-91 states that "It would be acceptable if separate Bids are offered for two or more systems that are co-located on the same site and that will be associated with separate Revenue Quality Meters and each interconnected into a separate meter associated with separate utility accounts…" Can you please clarify the distinction that each separate meter must be associated with a separate utility account?
FAQ-SPV-91 also states “It would also be acceptable if two or more systems were co-located, all behind the utility meter of a single customer, but each being associated with a separate revenue quality meter and each having its own identifier in the applicable tracking system (GATS or MRETs). No special documentation is required in this case beyond those required for systems below 25.”
Systems that are co-located are considered to be separate systems for purposes of presenting these as separate systems in your Proposal as long as each system has its own separate revenue quality meter and has its own identifier in the applicable tracking system (GATS or MRETs).
Does the IPA purchase RECs from a solar photovoltaic system located outside of Illinois?
There are various procurement events where Solar Renewable Energy Credits (“SRECs”) could be purchased. Only systems located in Illinois are eligible to be presented in a Proposal in the Supplemental Photovoltaic RFP (“SPV RFP”) or in the Utility Distributed Generation RFP (“DG RFP”). The Renewable Energy Resources RFP (“REC RFP”) includes the possibility of purchase of SRECs from outside of Illinois. Please see the schedule for this procurement event on the Calendar page: https://www.ipa-energyrfp.com/calendar/.
Can a homeowner self-install a solar system and become qualified to sell SRECs to the IPA? All electrical permits will be satisfied and the system will be registered with an Illinois utility for net metering.
We cannot respond to this question generally and we can only address whether self-installation or the size of a residential system could preclude you from selling SRECs in the procurement events under the procurement plans of the Illinois Power Agency (“IPA”).
There are various procurement events as approved in the IPA’s procurement plans through which Solar Renewable Energy Credits (“SRECs”) are sold and purchased. To be eligible to be presented as part of the Proposal in the Supplemental Photovoltaic RFP (“SPV RFP”), a system must be “installed” by a “qualified person” as described in and required by Section 1-56(i) of the Illinois Power Agency Act (20 ILCS 3855/1-56(i)). The Act defines a “qualified person” as a person who performs installations of photovoltaics, including, but not limited to, distributed photovoltaic generation, and who:
(A) has completed an apprenticeship as a journeyman electrician from a United States Department of Labor registered electrical apprenticeship and training program and received a certification of satisfactory completion; or
(B) does not currently meet the criteria under clause (A) of this paragraph (1), but is enrolled in a United States Department of Labor registered electrical apprenticeship program, provided that the person is directly supervised by a person who meets the criteria of (A) above; or
(C) has obtained one of the following credentials in addition to attesting to satisfactory completion of at least 5 years or 8,000 hours of documented hands-on electrical experience: (i) a North American Board of Certified Energy Practitioners (NABCEP) Installer Certificate for Solar PV; (ii) an Underwriters Laboratories (UL) PV Systems Installer Certificate; (iii) an Electronics Technicians Association, International (ETAI) Level 3 PV Installer Certificate; or (iv) an Associate in Applied Science degree from an Illinois Community College Board approved community college program in renewable energy or a distributed generation technology.
In addition, there is a minimum bid of 500 RECs (or approximately 79.39 kW) for the SPV RFP.
While installation by a qualified person is not a requirement under the Utility Distributed Generation RFP (“DG RFP”), a bidder must present systems that together are at least 1 MW.
There are various criteria for participation in the Renewable Energy Resources RFP (“REC RFP”). You may see these criteria from last year’s RFP here: https://www.ipa-energyrfp.com/2015-renewable-energy-resources-section/. These include agreeing to the terms of the applicable supplier contracts with the utilities and the submission of a letter of credit to support the bids.
Are there bonding requirements for the Supplemental Photovoltaic RFP?
We assume that by “bonding requirements”, you are referring to bid assurance requirements for the Supplemental Photovoltaic RFP (“SPV RFP”) or performance assurance under the SPV Contract. The following response is based on this assumption.
Under the SPV Contract, Sellers are required to submit as performance assurance a refundable deposit of $16/REC for forecast quantities and $8/REC for identified systems in the form of cash or of a letter of credit. Half of this deposit ($8/REC for forecast quantities and $4/REC for identified systems) is required with the Part 2 Proposal, with the remaining balance due from Bidders with Bids approved by the Commission within fourteen (14) calendar days of the announcement of the procurement results. The amount due with the Part 2 Proposal is referred to as “bid assurance collateral”. A Bidder must submit bid assurance collateral in the form of cash or of a Pre-Bid Letter of Credit.
While for a given system, cash deposits are intended to be refunded along with payments for the first REC delivery, processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
Is a host acknowledgment submitted with the Part 1 Proposal, or is it included as part of the contract? Can we look at the document from prior procurement events as a starting point for the upcoming procurement event?
It is expected that a host acknowledgment or other relevant document will be needed with the Part 1 Proposal when the System Owner and the Host are different entities or individuals.
The documentation for prior procurement events under the Supplemental Photovoltaic RFP (“SPV RFP”) is a good starting point to familiarize yourself with the basic requirements. However, there may be changes for the upcoming procurement event. The documentation for the upcoming procurement event will be posted in draft form on February 12, 2016 and in final form on February 23, 2016.
I have questions about the contract execution process. Should I address these questions to the Procurement Administrator or directly to the IPA?
For questions related to the SPV Contract and the requirements of the IPA under the SPV Contract, please address your question directly to the IPA via email.
Is it possible for a Bidder to update, in its bid form, the number of RECs associated with a system named in the Part 1 Proposal?
The list of systems identified in the Part 1 Proposal and the forecast quantity submitted in the Part 1 Proposal form are the basis of the Part 2 Proposal submitted by the Bidder. While the Bidder may choose not to provide bid assurance collateral for all of its identified systems and its forecast quantity, and while the Bidder may choose not to submit a Bid on a particular system, after the Part 1 Date the Bidder may not modify the systems it presented in the Part 1 Proposal or the number of RECs associated with any one system.
Can a developer of a project submit the Bid Assurance Collateral on behalf of a Seller?
Bid assurance collateral for a Seller may be submitted by another party such as a developer, an aggregator, or another entity. Such bid assurance collateral may be in the form of cash of a letter of credit. If bid assurance collateral is in the form of cash, the Seller is required to submit to certain certifications included in the Cash Certification Insert (#P2-4). If bid assurance collateral is in the form of a letter of credit, the Seller must be identified in Paragraph 12 of the Pre-Bid Letter of Credit.
Can a Seller assign the SPV Contract to another entity that would act as the new Seller?
Please see Article 11 of the SPV Contract, which provides the conditions under which a Seller can assign the contract to another party. Generally, the Seller may request an assignment to the IPA and the IPA will make a decision within thirty (30) calendar days. Please note that the entity to which the SPV Contract would be assigned must be able to comply with all the requirements of the SPV Contract and in particular must provide all information required by the Cover Sheet and Appendix 1.1-Appendix 1.5.
Is it possible to use our forecast quantity to identify a system that is already energized? The system was installed and energized after January 21, 2015 but we did not identify the customer until now (after the due date for Part 1 Proposals).
Yes. However, please note that under the terms of the SPV RFP, for a forecast quantity, the Seller must identify systems: (i) NO EARLIER than twenty (20) business days after the Bid Date or the first day of the quarter following the Bid Date, whichever comes last; and (ii) no later than six (6) months of the Bid Date.
Will there be delays in the reimbursement of cash deposits submitted as bid assurance collateral?
A Bidder that submits cash as bid assurance collateral must be aware that any requests for return of cash must be in the form of an invoice to the Illinois Power Agency and, as such, processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
Will there be delays in the reimbursement of cash deposits submitted as performance assurance?
Any requests for return of cash must be in the form of an invoice to the Illinois Power Agency and, as such, processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
Is it possible to have a single letter of credit to be used both before the submission of Bids and after our Bids are approved by the Commission? If this option is not available, what should be the expiration date on the Post-Bid Letter of Credit?
For the SPV RFP, there are two separate letters of credit, one to be used on a pre-bid basis and submitted with the Part 2 Proposal, and one to be used on a post-bid basis if your Bids are approved by the Commission to provide performance assurance under the SPV Contract. The two letters of credit are separate and different so that there is no option to use a single letter of credit on both a pre-bid basis and a post-bid basis.
For the post-bid letter of credit, provided as Appendix 2 (formerly Appendix B) of the SPV Contract, the IPA would expect the expiration date to be as late as possible, such as a year after the effective date, understanding that the terms of the letter of credit allow for automatic extensions of the letter of credit as needed.
Are systems located in Missouri eligible for future procurement events?
Requirements to participate in the Supplemental Photovoltaic RFP (“SPV RFP”) include the requirement that systems must be located in Illinois and must be distributed generation systems, which are systems that are limited in nameplate capacity to 2,000 kW, are behind the customer meter, and are interconnected at the distribution level of an electric utility, alternative retail electric supplier, municipal utility, or a rural electric cooperative. If your system is not in Illinois, then it is not eligible under the SPV RFP.
The Illinois Power Agency’s 2016 Electricity Procurement Plan is still under development. To receive announcements regarding potential opportunities for solar systems for which you may possibly be eligible, please register to receive our announcements (https://ipa-energyrfp.com/register/).
How do we submit our bid assurance collateral to fulfill this requirement of the Part 2 Proposal?
Bid assurance collateral may be provided in the form of cash or in the form of a Pre-Bid Letter of Credit.
There are three (3) accepted methods for cash payment of the bid assurance collateral: (i) by check payable to “Illinois Power Agency”, following all instructions supplied by the Procurement Administrator in this regard; (ii) using e-pay, which is the electronic, e-check payment program administered by the Illinois State Treasurer, following all instructions supplied by the Procurement Administrator in this regard; or (iii) by ACH, (Automatic Clearing House) in CCD or CCD+ format, provided that the Bidder advises the Illinois Power Agency that it is requesting to remit payment via the ACH method, provided that the Bidder can provide a valid fax number for the paying entity, and provided that the Bidder follows all instructions supplied by the Illinois Power Agency by fax to the fax number provided by the Bidder. Please refer to the instructions provided by the Procurement Administrator with the Part 1 Notification.
If a Bidder elects to submit a Pre-Bid Letter of Credit as bid assurance collateral, the Pre-Bid Letter of Credit must be in the form of the Standard Pre-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website after the Part 1 Proposal process. The Standard Pre-Bid Letter of Credit is provided as Appendix 6 of the RFP Rules. A list of acceptable modifications to the Standard Pre-Bid Letter of Credit is posted to the procurement website. The original of the executed Pre-Bid Letter of Credit must be sent via overnight delivery service to: Illinois Power Agency, Attn: Charles Kudia, 160 North LaSalle Street, Suite C-504, Chicago, Illinois 60601, Phone: (312) 814-3273.
When is the deposit for winning Bidders due?
Under the SPV Contract, Sellers are required to submit a refundable deposit of $16/REC for forecast quantities and $8/REC for identified systems in the form of cash or of a letter of credit. Half of this deposit ($8/REC for forecast quantities and $4/REC for identified systems) is required with the Part 2 Proposal, while the remaining balance from Bidders with Bids approved by the Commission is due within fourteen (14) calendar days of the announcement of the procurement results.
Would a solar system used to generate power to a low-income housing development qualify for the SPV RFP?
A “distributed generation” system is limited in nameplate capacity to 2,000 kW, is behind the customer meter, and is interconnected at the distribution level of an electric utility, alternative retail electric supplier, municipal utility, or a rural electric cooperative. Other requirements for a system to be eligible to be bid in to the SPV RFP (including metering requirements and requirements on the energized date) are detailed in the RFP Rules. Please consult the applicable law and controlling documents of the SPV RFP in determining whether to present a particular system in your Proposal.
Is there a minimum or maximum number of RECs that can be included in a Proposal?
For the Sub-25 Category the quantity of RECs associated with a given Bid (i.e., associated with a given price) must be no fewer than 500 RECs.
For the 25-Plus Category: (i) a Bidder must present Bids for a number of identified systems to account for at least 500 RECs; and (ii) each identified system must have a single Bid price.
While there was a maximum number of RECs for a Bid in the Sub-25 Category in the first procurement event, there is no maximum expected for additional procurement events under the SPV RFP.
This FAQ has been updated since it was originally posted on 05-21-2015.
Where do I submit information for the identified systems and forecast quantities in the 25-Plus Category?
Information for identified systems in all Categories, including the 25-Plus Category, should be included in the Worksheet Insert (#P1-2) prepared for this purpose. Forecast quantities are only applicable to systems in the Sub-25 Category; the Seller must agree that under the terms of the SPV Contract, no portion of the forecast quantity can be used for systems in the 25-Plus Category.
Are replacement systems allowed?
If you have Bids approved by the Commission and the Bidder executes the SPV Contract, you may, prior to the system being energized, request under the terms of the SPV Contract to substitute one or more systems for the system identified in the SPV Contract. Conditions do apply. Please refer to Section 3.10 of the SPV Contract for the specific conditions under which such a substitution could be granted.
If a customer cancels during the Proposal submission process, there would be no penalty for failing to include this system in your Bids. However, you would not be able to replace the system and present the characteristics for such a substitute system as part of your Proposal.
Can I change my forecast quantity after the Part 1 Date?
A Bidder may reduce its Proposal quantity between Part 1 and Part 2 of the process, provided that all Proposals observe minimum bid requirements.
In its Part 1 Proposal, a Bidder must indicate the size for each Identified System as well as any forecast quantities of RECs. A Bidder may not include additional identified systems or increase its forecast quantity in its Proposal after the Part 1 Date.
Bids below 500 RECs in size will not be considered for selection.
Should I include in the forecast quantity provided in Section 3 of the online Part 1 Form the quantity of RECs from the systems identified in the Worksheet Insert?
No. The Bidder provides information for each system that has been identified (from the Sub-25 Category or from the 25-Plus Category) in the Worksheet Insert (#P1-2) prepared for this purpose. Entirely separately, a Bidder may include in its Proposal a forecast quantity of RECs from systems in the Sub-25 Category that are not yet identified as of the opening of the Part 1 Window by entering this quantity in Section 3 of the online Part 1 Form. The total RECs presented in the Proposal would then be the sum of the RECs from identified systems as detailed in the Worksheet Insert (#P1-2) and the RECs from the Forecast Quantity provided in Section 3.
Can a tenant who will be the System Owner sign the Host Acknowledgement (Appendix 3 formerly Appendix C to the SPV Contract)?
Appendix 3 (formerly Appendix C) – Host Acknowledgment is attached to the SPV Contract. This acknowledgment is for the owner of the premises to acknowledge and agree to the installation of the system on the premises. This acknowledgment is required as part of executing the SPV Contract for Bidders with Bids approved by the Commission. A tenant would not be able to execute this document.
For purposes of the Part 1 Proposal, several documents are acceptable in terms of providing an acknowledgment from the Host. In all these cases, the documents are meant to establish that the System Owner is authorized to install the system at the address or location stated in the Proposal; such authorization is given by the owner of the site where the system is or will be installed. Generally, the documents that are acceptable for this purpose include: (i) a duly completed and signed Host Acknowledgment, provided as Appendix 3 to the SPV Contract, without the contract number filled in; or (ii) a signed copy of an agreement between the Seller and the Host, or between the System Owner and the Host, in which the Host acknowledges that the installation of a system is planned on the Host’s premises; or (iii) a letter of intent signed by the Host acknowledging that the installation of a system is planned on the Host’s premises; or (iv) another document that confers to the System Owner or the Seller site control or permission to install the system at the system location.
In your particular circumstances, we would expect that you would submit a document under (iv) that would show that the System owner has the right to install the system. This could be the long-term leases naming the System Owner and including the roof-rights sufficient for installation of the system. Please note that generally if a Bidder submits a document under (iv), the Procurement Administrator may require additional information from the Bidder, the System Owner, or the Seller regarding the nature of the document provided.
Can the Applicant under the Pre-Bid Letter of Credit be an entity other than the Seller? How about for the Post-Bid letter of Credit (appended to the SPV Contract)?
The Pre-Bid Letter of Credit requires the Seller or Sellers to be identified in Paragraph 12. The Applicant to the Pre-Bid Letter of Credit, identified in the preamble and in Paragraph 2, may be the Bidder, a Seller, or another entity. Payment could be required under the terms of Pre-Bid Letter of Credit for any of the reasons a) to c) in Paragraph 2, all of which related to the Seller or Sellers. Such payments would be effected by the Bank against the account of the Applicant.
The Post-Bid Letter of Credit (Appendix 2 formerly Appendix B to the SPV Contract) requires the Seller to be the Applicant.
Could you please detail the different letter of credits requirements for the Supplemental Photovoltaic RFP?
There are two letters of credit related to the Supplemental Photovoltaic RFP (“SPV RFP”).
The first letter of credit, called the “Pre-Bid Letter of Credit”, may be used to provide bid assurance collateral with the Part 2 Proposal. If you elect to submit a Pre-Bid Letter of Credit, please note that it must be in the form of the Standard Pre-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website after the Part 1 Proposal process. The Standard Pre-Bid Letter of Credit is posted as Appendix 6 to the RFP Rules on the Supplemental PV Procurement Section of the procurement website.
The second letter of credit, called the “Post-Bid Letter of Credit”, may be used to post performance assurance under the terms of the SPV Contract is a Bidder has Bids approved by the Illinois Commerce Commission. If you elect to submit a Post-Bid Letter of Credit, please note that it must be in the form of the Standard Post-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website after the Part 1 Proposal process. The Standard Post-Bid Letter of Credit is Appendix 2 to the Final IPA REC Purchase and Sale Agreement (“SPV Contract”) and is also posted separately to the Supplemental PV Procurement Section of the procurement website as Appendix 2 (formerly Appendix B): Post-Bid Letter Of Credit under the contract.
If you elect to submit cash for either your bid assurance collateral or your performance assurance, please note that any request for return of cash must be in the form of an invoice to the Illinois Power Agency and as such, processing of the return is subject to delays until a Fiscal Year 2016 State of Illinois budget is officially adopted or an appropriation for the Illinois Power Agency is otherwise approved into law. Additional instructions will be provided to Bidders with their notifications following the Commission decision on the procurement event.
A Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Standard Pre-Bid Letter of Credit and the Standard Post-Bid Letter of Credit. This allows the issuing bank to request approval from the IPA for any modifications to the letter of credit that it may require to issue the letter of credit. Such modifications should be non-material in nature or to the mutual benefit of both the IPA and the Bidder. A Bidder provides comments and proposes modifications as redlines to the standard form in the LC Comment Insert (#P1-6) and uploads this insert to the space provided in the Part 1 Form or emails this insert to the Procurement Administrator at Illinois-RFP@nera.com. Comments and modifications must be received by the Part 1 Date, October 23, 2015.
Can a Bidder amend the Post-Bid Letter of Credit for the contract letter of credit?
If you elect to submit a Post-Bid Letter of Credit as performance assurance, please note that it must be in the form of the Standard Post-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website after the Part 1 Proposal process.
A Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Standard Post-Bid Letter of Credit. This allows the issuing bank to request approval from the IPA for any modifications to the letter of credit that it may require to issue the letter of credit. Such modifications should be non-material in nature or to the mutual benefit of both the IPA and the Bidder. A Bidder provides comments and proposes modifications as redlines to the standard form in the LC Comment Insert (#P1-6) and uploads this insert to the space provided in the Part 1 Form or emails this insert to the Procurement Administrator at Illinois-RFP@nera.com. Comments and modifications must be received by the Part 1 Date, October 23, 2015.
If the Final IPA REC Purchase and Sale Agreement includes a letter of credit, how much will the letter of credit be for?
The Final IPA REC Purchase and Sale Agreement (“SPV Contract”) includes a requirement for performance assurance. If a Bidder becomes a Seller under the SPV Contract (i.e. has bids approved by the Illinois Commerce Commission), the Seller must provide performance assurance either in the form of cash or a letter of credit within fourteen (14) calendar days after the date of being notified of the ICC decision. Performance assurance must be in an amount of $16/REC for forecast quantities and $8/REC for identified systems.
If you elect a letter of credit to post performance assurance, please note that it must be in the form of the Standard Post-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website. The Standard Post-Bid Letter of Credit is Appendix 2 to the Final IPA REC Purchase and Sale Agreement and is also posted separately to the Supplemental PV Procurement Section of the procurement website as Appendix 2 (formerly Appendix B): Post-Bid Letter Of Credit.
If you elect to submit cash for either your Bid Assurance or your Performance Assurance, please note that any request for return of cash must be in the form of an invoice to the Illinois Power Agency and as such, processing of the return is subject to delays until a Fiscal Year 2016 State of Illinois budget is officially adopted or an appropriation for the Illinois Power Agency is otherwise approved into law. Additional instructions will be provided to Bidders with their notifications following the Commission decision on the procurement event.
Will the Final IPA REC Purchase and Sale Agreement include a letter of credit?
The Final IPA REC Purchase and Sale Agreement (“SPV Contract”) is posted to the Supplemental PV Procurement Section of the procurement website. The SPV Contract includes a letter of credit, the “Post-Bid Letter of Credit” provided as Appendix 2, which can be provided as performance assurance under the SPV Contract. The Post-Bid Letter of Credit is also posted separately to the Supplemental PV Procurement Section of the procurement website as Appendix 2 (formerly Appendix B): Post-Bid Letter Of Credit.
Does the letter of credit of $4/REC provided with the Part 2 Proposal become replaced by a Post-Bid Letter of Credit in the amount of $8/REC?
We will respond in two parts.
First, yes, it is correct that the letter of credit provided with the Part 2 Proposal (the “Pre-Bid Letter of Credit”) will be replaced by another letter of credit (the “Post-Bid Letter of Credit”) appended to the SPV Contract for winning Bidders. There is no possibility simply to amend the Pre-Bid Letter of Credit as the conditions for drawing on the two letters of credit are different.
Second, the amounts you quote of $4/REC for the Pre-Bid Letter of Credit and $8/REC for the Post-Bid Letter of Credit are correct but only for identified systems. For forecast quantities in the Sub-25 Category, the amounts are $8/REC for the Pre-Bid Letter of Credit and $16/REC for the Post-Bid Letter of Credit.
Can we submit a single “sample” contract and then provide individual signature pages for each contract we have in place to demonstrate the agreement between the System Owner and Seller?
A Bidder that is using a standard contract for agreements between a System Owner and a Seller may submit a “sample” contract and the signature page for each contract. Such a Bidder will be required to confirm that:
- For each system for which only a signature page is submitted with the Proposal, the contract form used by the System Owner and the Seller is the standard contract for which the “sample” was provided by the Bidder.
- If, for a system, the agreement between a System Owner and a Seller is not in the form of the standard contract, the Bidder will provide the entire contract to the Procurement Administrator.
The Procurement Administrator will require that the Bidder provide a written confirmation to this effect with the Bidder’s Proposal.
Are Bidders required to provide a Pre-Bid Letter of Credit with the Part 1 Proposal even if the Bidder intends to post cash for all collateral requirements? In the event that a Pre-Bid Letter of Credit is required, would the Bidder need to request that the Pre-Bid Letter of Credit become null and void upon successfully submitting cash?
A Bidder must, in its Part 2 Proposal, submit bid assurance collateral in the form of a Pre-Bid Letter of Credit OR cash. The Pre-Bid Letter of Credit must be in the form of the Standard Pre-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website. The Standard Pre-Bid Letter of Credit is provided as Appendix 6 of the RFP Rules. The Form of Letter of Credit is provided as Appendix B to the SPV Contract (also called the “Standard Post-Bid Letter of Credit”).
Please note that, any request for return of cash must be in the form of an invoice to the Illinois Power Agency and as such, processing of the return is subject to delays until a Fiscal Year 2016 State of Illinois budget is officially adopted or an appropriation for the Illinois Power Agency is otherwise approved into law. Additional instructions will be provided to Bidders with their notifications following the Commission decision on the procurement event.
A Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Standard Pre-Bid Letter of Credit. This allows the issuing bank to request approval from the IPA for any modifications to the letter of credit that it may be require to issue the letter of credit. Such modifications should be non-material in nature or to the mutual benefit of both the IPA and the Applicant. Similarly, a Bidder may also provide comments on or propose modifications to the Standard Post-Bid Letter of Credit.
On the last page of the Backup Insert (#P1-3), there is reference to an “Agreement between Seller and Host, or between System Owner and Host”. What does this document refer to?
This item refers to a formal arrangement such as a contract that would already be in place between the Seller and the Host, or the System Owner and the Host. Such an agreement would be sufficient but as provided in the RFP Rules, other documents may be used to satisfy this requirement as well. All documents submitted in response to this requirement will be evaluated on a case-by-case basis.
Appendix C requires that the Bidder provide the contract number of the Renewable Energy Credits Purchase and Sale Agreement with the Illinois Power Agency. What do we use for the contract number for purposes of the Part 1 Proposal?
A Bidder that chooses to provide a Host Acknowledgement in the form of Appendix 3 to the SPV Contract to document the Host’s agreement to the installation of the system completes Appendix 3 leaving the contract number for the Renewable Energy Credits Purchase and Sale Agreement with the Illinois Power Agency (the “Agreement”) blank. Upon execution of a contract with the Illinois Power Agency (“IPA”), the contract number field may be completed.
On the last page of the Backup Insert (#P1-3), the Bidder must document that the Host has agreed to the installation. Are there any document templates you can provide that will satisfy this requirement?
Sample documents that Bidders may use in the preparation of their Proposals and that will be posted on October 15 include:
- The Host Acknowledgment and Certification appended to the SPV Contract (Appendix 3). This form will be required as part of the execution of SPV Contract and can be submitted in advance with the Proposal (except for filling in the contract number).
- An alternative Host Acknowledgment.
- A sample letter of intent between a System Owner and a Seller for purposes of showing the agreement of the System Owner to give title to the Seller of the RECs from one or more systems.
There is no template for a letter of intent between a System Owner and a Host at this time.
While Bidders can be assured that these samples are acceptable for purposes of presenting the Proposal, Bidders are not required to use these samples. Bidders may instead develop their own documents to satisfy the requirements of the Proposal and such documents will be evaluated on a case-by-case basis.
On the last page of the Backup Insert (#P1-3), the Bidder must document that the Host has agreed to the installation. It is suggested that the Bidder provide one of the following: (1) A Host Acknowledgment (Appendix C of the SPV Contract); (2) Agreement between the Seller and Host, or between System Owner and Host; (3) Letter of Intent from the Host; or (4) Other document regarding site control. Are these items due with the Part 1 Proposal?
If, for a given system, the System Owner and the Host are different entities or individuals, so that the Host must agree to the installation of the system, then the Bidder must document the Host’s agreement. This documentation must be provided with the Part 1 Proposal.
Can the IPA claim Force Majeure and terminate the SPV Contract with a Seller if the IPA is able to purchase cheaper RECs elsewhere?
No. As stated in Article 15.2, a Force Majeure Event cannot be based on the IPA’s ability to purchase RECs at a price below the Purchase Price.
Under the SPV Contract, it is an Event of Default if the Seller fails to Deliver any REC from the System for a consecutive period of six months. Can the Seller request an extension of this six month period if there are valid reasons for the Seller to have failed to Deliver during that period?
Yes, you may request an extension of this six month period. As noted in Article 13.2.5, it is an Event of Default only if Buyer does not extend this period. Please note that extensions are only granted at the IPA’s discretion.
Please provide an example to show the earliest date the Seller may submit an invoice for the first REC payment and for the return of the Performance Assurance Collateral. For example if the Date of Initial REC Delivery is December 15, 2015, when is the earliest date the invoice may be issued?
If the Date of Initial REC Delivery is December 15, 2015 then the Delivery Term Start Date shall be January 1, 2016. As stated in Article 8.2, the Seller may invoice for RECs Delivered prior to the Delivery Term Start Date on or before the 20th Day of the first Contract Quarter of the Delivery Term (i.e., January 20, 2016). The Seller may include in the first invoice instructions for the return of its Performance Assurance.
What are the acceptable forms of collateral for Pre-Bid Assurance due with the Part 2 Proposal?
A Bidder must, in its Part 2 Proposal, submit bid assurance collateral in the form of a Pre-Bid Letter of Credit OR cash. The Pre-Bid Letter of Credit must be in the form of the Standard Pre-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website. The Standard Pre-Bid Letter of Credit is provided as Appendix 6 of the RFP Rules. The Form of Letter of Credit is provided as Appendix B to the SPV Contract (also called the “Standard Post-Bid Letter of Credit”).
Please note that, any request for return of cash must be in the form of an invoice to the Illinois Power Agency and as such, processing of the return is subject to delays until a Fiscal Year 2016 State of Illinois budget is officially adopted or an appropriation for the Illinois Power Agency is otherwise approved into law. Additional instructions will be provided to Bidders with their notifications following the Commission decision on the procurement event.
A Bidder may, in its Part 1 Proposal, provide comments on or propose modifications to the Standard Pre-Bid Letter of Credit. This allows the issuing bank to request approval from the IPA for any modifications to the letter of credit that it may require to issue the letter of credit. Such modifications should be non-material in nature or to the mutual benefit of both the IPA and the Applicant. Similarly, a Bidder may also provide comments on or propose modifications to the Standard Post-Bid Letter of Credit.
The Fourth Item of the Backup Insert (#P1-3) lists an “Agreement between the Seller and Host, or between System Owner and Host” as an acceptable document to show that the Host has agreed to the installation of the system. What does this item refer to?
This item refers to a formal arrangement such as a contract that would already be in place between the Seller and the Host, or the System Owner and the Host. Such an agreement would be sufficient but as provided in the RFP Rules, other documents may be used to satisfy this requirement as well. All documents submitted in response to this requirement will be evaluated on a case-by-case basis.
In Appendix 3 to the REC Purchase and Sale Agreement, what should be inserted by a qualifying Bidder as the contract number prior to contract execution?
A Bidder that chooses to provide a Host Acknowledgement in the form of Appendix 3 to the SPV Contract to document the Host’s agreement to the installation of the system completes Appendix 3 leaving the contract number for the Renewable Energy Credits Purchase and Sale Agreement with the Illinois Power Agency (the “Agreement”) blank. Upon execution of a contract with the Illinois Power Agency (“IPA”), the contract number field may be completed.
Are there any templates for the acceptable documentation to be submitted with the Backup Insert (#P1-3) for the Host Acknowledgement?
Sample documents made available to Bidders that they may use in the preparation of their Proposals at this time include:
- The Host Acknowledgment and Certification appended to the SPV Contract (Appendix 3). This form will be required as part of the execution of SPV Contract and can be submitted in advance with the Proposal (except for filling in the contract number).
- An alternative Host Acknowledgment.
- A sample letter of intent between a System Owner and a Seller for purposes of showing the agreement of the System Owner to give title to the Seller of the RECs from one or more systems.
- There is no template for a letter of intent between a System Owner and a Host at this time.
While Bidders can be assured that these samples are acceptable for purposes of presenting the Proposal, Bidders are not required to use these samples. Bidders may instead develop their own documents to satisfy the requirements of the Proposal and such documents will be evaluated on a case-by-case basis.
Is all documentation for the Host Acknowledgement under the Fourth Item to the Backup Insert (#P1-3) due with the Part One Proposal?
If, for a given system, the System Owner and the Host are different entities or individuals, so that the Host must agree to the installation of the system, then the Bidder must document the Host’s agreement. This documentation must be provided with the Part 1 Proposal.
Is there any circumstance under which a Bidder whose bids are not recognized as winning bids could be offered to sell SRECs to the IPA at a price lower than what they bid in the SPV RFP?
The evaluation of Bids in the Supplemental Photovoltaic RFP (“SPV RFP”) has two steps. In the first step, all Bids that fail to meet or beat the benchmarks are eliminated. In the second step, the Procurement Administrator evaluates the Bids that meet or beat the benchmarks. Only bids that meet or beat the benchmarks can be identified as winning Bids.
The Illinois Public Act (“Act”) calls for the Procurement Administrator to notify potential bidders that the Procurement Administrator may enter into post-bid price negotiations. However, the Supplemental PV Procurement Plan as approved by the Commission specifies that no such post-bid negotiations will occur.
I am an individual system owner (15.75 kW PV system). Can I participate in the IPA’s procurement events?
The Illinois Power Agency (“IPA”) sponsors various procurement events for the purchase of Renewable Energy Credits. Individual system owners are not precluded from participating directly. However, both for the Utility Distributed Generation RFP (“DG RFP”) and for the Supplemental Photovoltaic RFP (“SPV RFP”), there is a minimum capacity that must be put up for bid. The minimum for the DG RFP is 1,000 kW while the minimum for the SPV RFP is 79.39 kW. In either case, a single system of 15.75 kW does not qualify.
You may be able to participate through a group of similar system owners or through an aggregator. The list of companies that have won in the SPV RFP (and thus that aggregated at least 79.39 kW of systems) is provided here: https://ipa-energyrfp.com/download/supplemental_pv_2015/June%202015%20Supplemental%20Photovoltaic%20RFP%20Results.pdf . The list of winners in the DG RFP will also be posted when those results are available.
While neither the Procurement Administrator nor the IPA endorses any particular company or aggregator, we note that the Illinois Solar Energy Association has a list of preferred vendors and offers some information for individual system owners to participate through an aggregator. Please see their website:
In regards to the extension process (for either identified systems or systems with a forecast quantity), is there any additional assurance collateral required for this process?
If the IPA grants an extension for a system and said system is completed in the required timeframe, no additional collateral will be owed by the Bidder as a result of the extension. Please note extensions are only granted at the IPA’s discretion.
How does IPA handle situations in which a system location changes during the term of the IPA REC Purchase and Sale Agreement? For example, if a system will require a new service request with the corresponding utility, but the utility issues an address different from what was requested and on the REC agreement (with a new lot number after the land is subdivided).
Changes to a system location under contract with the IPA would be handled by the IPA directly. Article 14 of the Draft REC Purchase and Sale Agreement posted to the Supplemental PV Procurement Section of the website contains Notices and Contact Information for the IPA.
Where can I find information regarding the Supplemental PV RFP?
Please see the Supplemental PV Procurement Section of the IPA website here for the documents and contracts used in the June 2015 procurement. Results from the June 2015 procurement and links to other useful information are also provided. We will send an announcement once materials for the November 2015 procurement event are posted.
What are the requirements to become an aggregator?
The IPA’s 2015 Supplemental Photovoltaic Procurement Plan, defines an aggregator as a third-party (i.e., non-system owner) that (i) owns or plans to acquire either unconditioned title to or rights to legally transfer renewable energy devices through contracts with multiple system owners, and (ii) is willing to contract with IPA and accepts standard Illinois terms as well as procedures for contract administration. Additionally, aggregators are required to pre-qualify with the IPA by meeting certain provisions. At a minimum, an aggregator must demonstrate that the aggregator is:
- Registered to do business in the State of Illinois;
- Able to ensure meter data is collected from aggregated systems; and
- Registered with GATS and/or M-RETS, or will be upon contract award.
I have a question from an installer whose co-located systems were associated with winning bids in the Spring 2015 RFP. Is there someone I can speak with regarding construction logistics and engineering to ensure the systems are installed in keeping with the RFP rules?
We cannot provide engineering or installation advice with respect to the distributed generation systems but we can provide additional information regarding the rules of the procurement event.
One condition for co-located installations to be “distributed generation” is for each installation to be behind the customer meter (please review all conditions for such installations to be distributed generation). For these installations to be considered separate systems that can be bid separately in the procurement events, each installation or system must have its own separate revenue quality meter and each must have its own identifier in the applicable tracking system (GATS or MRETs).
Can co-located systems under 25-kilowatts on the same interconnection agreement be recognized as separate systems for purposes of bidding?
It would be acceptable if separate Bids are offered for two or more systems that are co-located on the same site and that will be associated with separate Revenue Quality Meters and each interconnected into a separate meter associated with separate utility accounts. Each of these could qualify separately for the sub-25 kW category if each were less than 25 kW in nameplate capacity (DC rating). It would also be acceptable if two or more systems were co-located, all behind the utility meter of a single customer, but each being associated with a separate revenue quality meter and each having its own identifier in the applicable tracking system (GATS or MRETs). No special documentation is required in this case beyond those required for systems below 25 kW.
Can co-located systems still be considered as separate systems for the purposes of bidding?
Systems that are co-located can still be considered to be separate systems for purposes of bidding in the procurement events as long as each system has its own separate revenue quality meter and has its own identifier in the applicable tracking system (GATS or MRETs). If the new modules to which you refer in your question satisfy those conditions then they can be part of a bid in the procurement event.
Where can I find information regarding bid categories and the general RFP process?
The 2015 Procurement Plan for the IPA (http://www.illinois.gov/ipa/Pages/Current_Approved_Plan.aspx), as well as the Commission’s Order in Docket Number 14-0588 (http://www.icc.illinois.gov/docket/files.aspx?no=14-0588&docId=222864) provide information regarding bid categories and the general process. Details will become available when the RFP documents are posted. The RFP Rules and other documents are expected to be posted to the Renewable Energy Resources Section of the procurement website by September 1, 2015.
I would like to submit comments on the contracts for the DG RFP. Could you please post a word version of the Draft Master Agreements to the website?
A word version of both the Draft (AIC) DG Renewable Energy Credit Agreement and the Draft (ComEd) Master DG Purchase and Sale Agreement have been posted to the Renewable Energy Resources Section of the procurement website under the “Fall 2015 Distributed Generation Renewable Energy Credit Agreements” heading.
I own a small solar system for my home which has an April 2014 Energized Date. Can I qualify for the SPV RFP or the DG RFP?
Under the SPV RFP, the system requirements include that the system must be new, meaning that it must have been energized after January 21, 2015. As such, your home system does not qualify. Under the DG RFP, the minimum bid size is 1 MW. While your system could be part of a larger bid by an aggregator, your system alone does not qualify.
What are the characteristics for qualifying systems under the IPA’s 2015 procurement plan?
The system requirements applicable to all procurement events under the Supplemental Photovoltaic Plan are the same and include that the system: 1) must be new, meaning that it must have been energized after January 21, 2015; 2) must have a revenue quality meter; 3) must be interconnected with a regulated utility, municipal utility, or rural electric cooperative in Illinois; 4) must be registered with PJM-EIS GATS or M-RETS; and 5) must be installed by Qualified Persons as this term is defined in the law. For further information, please consult the Final SPV RFP Rules from the June 2015 procurement event posted to the Supplemental PV Procurement Section of the procurement website. Updates may be made when the RFP for the November 2015 is issued.
Please note that the budget and products to be procured change with each procurement event. For the upcoming November 2015 procurement, the budget is $10,000,000 and three products will be recognized, namely RECs from 1) sub-25 kW systems, for systems below 25 kW in nameplate capacity (DC rating); 2) 25-500 kW systems, for systems greater than 25 kW but no more than 500 kW; and 3) over-500 systems, for systems above 500 kW but no more than 2,000 kW.
Is it possible to qualify for the <25 kW Product Category if we plan to install 80-100 kW in stages?
To qualify for the sub-25kW category, additional capacity would have to be in the form of a separate system that is itself less than 25 kW in nameplate capacity (DC rating).
For example, it would be acceptable if separate Bids are offered in the SPV RFP for two or more systems that are co-located on the same site and that will be associated with separate Revenue Quality Meters and each interconnected into a separate meter associated with separate utility accounts. Each of these could qualify separately for the sub-25 kW category if each were less than 25 kW in nameplate capacity (DC rating). It would also be acceptable if two or more systems were co-located, all behind the utility meter of a single customer, but each being associated with a separate revenue quality meter and each having its own identifier in the applicable tracking system (GATS or MRETs).
If instead you are envisioning progressively adding capacity to a system with a single revenue quality meter and identified as a single generation source in the applicable tracking system, then each stage would not be a separate system. Thus, even if an addition were less than 25 kW, such an addition would not be a separate system that could be bid in separately to the SPV RFP. Furthermore, we note that if the initial system (without any of the additional stages) was below 25 kW and such a system was part of a winning bid in the SPV RFP, a change in system size that takes the system at 25 kW or above is a change that would not be acceptable under the terms of the SVP contract. The SPV contract holds that a change in the final system size may not result in a change of Size Category.
I own a solar system which was included in an unsuccessful bid in the Spring 2015 SPV Procurement and have not yet had my bid deposit returned from the Aggregator. Can you provide any information on whether this could be related to Illinois State’s Fiscal Year 2016 budget stalemate?
The IPA and each counterparty are obligated to maintain confidentiality of individual transaction information under the contract between the IPA and the counterparty. The IPA cannot provide any additional information or discuss any other contract related matters with other parties besides the counterparty to the contract. That being said, speaking generally, any invoice received by the IPA for activities prior to June 30, 2015 should be paid out of the IPA’s Fiscal Year 2015 appropriation (and thus not subject to Illinois State’s current Fiscal Year 2016 budget stalemate) and processed by the Comptroller accordingly. However, any invoice for activities on or after July 1, 2015 cannot be processed by the Comptroller until an appropriation for Fiscal Year 2016 is enacted.
We are bidding fewer systems than identified in our Part 1 Proposal. Can you please confirm that our calculation of the required bid assurance collateral is correct?
For identified systems, a Bidder must submit bid assurance collateral in the form of Cash or a Pre-Bid Letter of Credit in an amount of $4/REC. The number of RECs associated with each identified system was provided to you in your bid form as part of your Part 1 Notification and should be used in your calculation. Note, for Bidders submitting forecast quantities, the amount of bid assurance collateral required is $8/REC for forecast quantities.
Can the IPA please fill out our corporate form so that we may initiate payment of our bid assurance collateral via ACH?
Bidders must follow the instructions provided as an attachment to their Part 1 Notification in order to submit bid assurance collateral via ACH.
In order to submit bid assurance collateral via ACH, bidders must first request to receive payment instructions from the IPA by email to charles.kudia@illinois.gov and sanjay.patel@illinois.gov. A valid fax number for the paying entity is required in the email to the IPA. Once the request has been received, the IPA will provide via fax instructions for the submission of bid assurance collateral, including the information you requested in addition to the IPA’s W-9.
We will be bidding for fewer RECs than what is supported by our bid assurance collateral. When will the excess bid assurance collateral posted be returned to us?
Bid assurance collateral posted will not be returned prior to a decision of the Commission on the procurement event. The treatment of bid assurance collateral after the Commission decision depends on whether the Bidder has Bids approved by the Commission and on the nature of the bid assurance collateral (as cash or as a Pre-Bid Letter of Credit).
For example, if the Bidder has no Bids approved by the Commission, or if the cash tendered as bid assurance collateral exceeds the cash deposit due under the SPV contract (e.g., collateral posted for 2,000 RECs of a speculative quantity but only 500 RECs of this speculative quantity are bid and won), the Bidder may request the return of cash. Alternatively, the Bidder may elect to maintain the balance of the cash on deposit with the IPA for use as collateral in a future procurement event under the SPV RFP. Any request for return of cash must be in the form of an invoice to the Illinois Power Agency. If the Bidder has Bids approved by the Commission, the cash tendered as bid assurance collateral may be used for purposes of the cash deposit under the SPV contract (provided that additional cash or a Letter of Credit is provided for any balance due).
Can you please advise whether it will be acceptable to the IPA for a winning Seller in the SPV RFP to transfer and/or assign rights and obligations under the SPV Contract to another entity?
Under the SPV Contract, the Seller may make a request to the IPA for the transfer or assignment of Seller’s rights and obligations to another entity (the “Transferee”). In its request, Seller must name the Transferee, provide the relationship between Seller and Transferee (if any), and must provide all necessary documentation to show that Transferee meets all conditions specific to a Seller under this Agreement.
If the assignment or transfer is for purposes of pledging or assigning the revenues under this Agreement to a lender or other financing party as security for the project financing or tax equity financing of the System, or to an affiliate of Seller, consent shall be deemed automatic if Seller remains the counterparty to the Agreement.
Please see Article 11 of the SPV Contract for details regarding assignment under the SPV Contract.
Is it acceptable to provide the supporting documentation required by the Backup Insert (#P1-3) by e-mail to the Procurement Administrator rather than by upload to the Part 1 Form?
Yes, it is acceptable to e-mail this documentation to the Procurement Administrator at IPA-EnergyRFP@nera.com.
I am submitting my Proposal for more than 25 systems. Once I utilize all 25 available columns in the Worksheet Insert (#P1-2), is it acceptable to upload a second Worksheet Insert to account for additional systems?
There are two forms of the Worksheet Insert (#P1-2) available in the zip folder “IPA SPV Inserts to Part 1 Form” posted under the “Final Supplemental PV RFP Documents” heading on the Supplemental PV Procurement Section of ipa-energyrfp.com. One version of the Worksheet Insert provides 25 columns for Bidders with 25 or fewer systems, while the second version is provided for Bidders with 25 systems and more. Bidders are welcome to use either version of the Worksheet Insert. There is no rule which prohibits a Bidder from submitting multiple of the 25 column Worksheet Inserts to account for more than 25 systems.
This FAQ has been updated since it was originally posted on 05-27-2015.
With reference to Section I, Tracking System, of the Worksheet Insert (#P1-2), if my system is not yet registered with a tracking system, is it acceptable to check the box of the tracking system (PJM-EIS GATS or M-RETS) with which I expect to register my system?
Yes, this is acceptable provided that you explain in the Justification of Omissions that the system is not yet registered.
What entity should be provided in Section J, Name of Seller, of the Worksheet Insert (#P1-2) if the Seller is a Company?
In the case that the Seller is a Company, please provide the Company’s name in the first field of Section J, Name of Seller, and then provide information for the Representative in the remaining fields.
Not all of the systems included in my Part 1 Proposal have specific Energized Dates. With reference to the Worksheet Insert (#P1-2), is it acceptable to indicate an expected Energized Date provided that I clearly explain in the Justification of Omissions is not definite?
Yes, this is acceptable.
If a Bidder is submitting multiple Letters of Intent for various systems associated with different Sellers and System Owners, is the Bidder required to submit each Letter of Intent as a unique file with its Part 1 Proposal or can the Letters be combined into a single PDF?
It is acceptable to submit multiple Letters of Intent as separate documents or as one combined document as part of a Bidder’s Part 1 Proposal. The Letters of Intent may be provided by email to the Procurement Administrator at Illinois-RFP@nera.com or by upload to the online form.
When can Bidders begin registering systems with a tracking system?
There is no specific time for when the system may be registered with PJM-EIS GATS or M-RETS. However, the earliest date a System can be energized is January 21, 2015.
Under the SPV Contract, all systems must be energized and registered with PJM-EIS GATS or M-RETS by the Guaranteed Energized Date, which is generally 12 months from the Bid Date unless it is extended by the IPA.
When will we be able to start registering for systems with PJM-EIS GATS or M-RETS for the procurement?
There is no specific time for when the system may be registered with PJM-EIS GATS or M-RETS. However, the earliest date a System can be energized is January 21, 2015.
Under the SPV Contract, all systems must be energized and registered with PJM-EIS GATS or M-RETS by the Guaranteed Energized Date, which is generally 12 months from the Bid Date unless it is extended by the IPA.
With reference “Backup Insert #P1-3” of the Part 1 Form, if the Seller and the System Owner are different entities or individuals, the insert requires us to indicate whether we are providing: a signed contract, Letter of Intent or a certification by Seller for the system. If we are providing a Letter of Intent, is there explicit language you are looking for in the Letter of Intent?
Each bidder may develop a Letter of Intent (“LOI”) that meets their business needs while providing evidence of the viability of the proposed system to participate in the procurement event. While there is not explicit language required for the LOI, key components could include (but not be limited to):
- Affirmation of the relationship between system owner and aggregator/bidder
- Affirmation that the system owner will either unconditionally transfer title of RECs to aggregator/bidder or provide the right to legally transfer the RECs to the IPA.
- Affirmation that the aggregator/bidder is acting as the sole representative of the system owner (in other words the system is not being used in bids by multiple bidders).
- Affirmation that the system owner authorizes the aggregator/bidder to submit the LOI as part of the proposal
The Procurement Administrator will assess each bidder’s Part 1 Proposal materials in the RFP process, including any letter of intent that is provided with the Part 1 Proposal.
On the online Part 1 Form, it appears that it is only possible to submit one number for the forecast quantity of RECs. However, the rules and the illustrative bid form indicate that it is possible to submit multiple Bids for forecast quantities at different price points. Should the forecast quantity on the Part 1 Form simply be the total quantity to be bid, which would then be further described and broken out on the Bid Form?
Your understanding is correct. In the Part 1 Form, you are only required to indicate the number of forecast quantity of RECs you intend to bid.
For the SPV procurement events, would the IPA disqualify 2 Bids for RECs from 2 Systems that are co-located on the same site, but interconnected into two meters on two separate utility accounts and have separate Revenue Quality Meters?
It is acceptable if separate Bids are offered for two Systems that are co-located on the same site and that will be associated with separate Revenue Quality Meters and interconnected into two meters associated with separate utility accounts as provided in your example.
Can a Bidder submit more than one Proposal?
No. Each Bidder may submit only a single Proposal. A Proposal may include multiple Bids, which are provided separately for each Category.
This FAQ has been updated since it was originally posted on 05-21-2015.
If the Bidder is the aggregator selling RECs on the original REC owner's behalf, is there any IPA documentation that the original REC owner/host/homeowner needs to sign prior to the successful bid award or after the successful bid award to authorize the aggregator to sell the RECs on the system owner's behalf? or does the aggregator simply attest to having that authorization by signing all of the documentation?
The IPA does not have specific documentation that is required between original REC owners (or system owners) and aggregators for participating in the procurement event, and the IPA does not require Aggregators to provide any documentation beyond what is required through the Part 1 and Part 2 Proposals (an illustrative copy of the Part 1 Proposal and of the Part 2 Proposal may be found at the following link: https://ipa-energyrfp.com/supplemental-pv-procurement-section/).
Should the Bidder have a winning Bid, then the Seller under the SPV contract must be able to execute the SPV Contract and provide the required documents, completed forms, and disclosures contained therein. A condition found in Section 4.1.6 of the SPV Contract (Prerequisites for Purchase) provides as follows:
Seller has rights to the RECs to be Delivered by Seller to Buyer’s PJM-EIS GATS or M-RETS account and such rights include Seller’s rights to Deliver and convey title of such RECs to Buyer such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to Buyer
Should the Seller fail to obtain such rights, the Buyer would be under no obligation to purchase any RECs under the contract, and the Seller’s performance assurance may be forfeited.
A copy of that SPV Contract and all associated submissions and forms may be found under the “Final Supplemental PV Contract Document” at the following link: https://ipa-energyrfp.com/supplemental-pv-procurement-section/
If your Proposal changes in type (from forecast quantities to identified systems) between Part 1 and Part 2, or between Part 2 and the Bid Date, how is this handled? Can the amount of bid assurance collateral be reduced?
A Bidder may not “identify” systems after the Part 1 Date. Such systems initially included as forecast quantities of RECs will carry the heightened collateral requirements consistent with forecast quantities of RECs. These systems may next be “identified” by the Bidder after the execution of the SPV Contract (should such systems be part of a winning Bid). Similarly, a Bidder may not include additional identified systems or increase its forecast quantity in its Proposal after the Part 1 Date.
This FAQ has been updated since it was originally posted on 05-21-2015.
If the number of identified systems or number of forecast quantities change between the Part 1 Date and Part 2 Date or between Part 2 Date and the Bid Date, how is this handled?
There is no penalty for a Bidder reducing its proposal quantity between Part 1 and Part 2 of the process, provided that all Proposals observe minimum bid requirements (in which case, If the minimum bid requirements are not observed, no financial penalty would be assessed, but such Bids would not be given consideration).
In its Part 1 Proposal, a Bidder must indicate the size for each Identified System as well as any forecast quantities of RECs A Bidder may not include additional identified systems or increase its forecast quantity in its Proposal after the Part 1 Date. The Proposal itself (submitted after the conclusion of the Part 2 Date) may include a number of RECs supported by the bid assurance collateral submitted with the Part 2 Proposal. A Bidder may decrease the quantity (so long as the quantity remains greater than 500 RECs, which is the minimum bid size) between the Part 2 Proposal and the Bid Date.
Bids below 500 RECs in size will not be considered for selection.
Can a Bidder submit multiple Bids with each Bid at a different price point (say, 10 Bids of 500 RECs, with each Bid at its own price for a total of 5,000 RECs)? And, do those multiple price points have to be defined in the Part 1 or Part 2 Proposal process? If submitting a Bid for the 25-500 Product, does each "Bid" have to consist of a system or systems that amount to 500 RECs in order to have each system bid in at its own price?
Yes, a Bidder may submit multiple Bids at different price points as described. Bids are not due by the Part 1 Date or the Part 2 Date, but on the Bid Date. A Bidder must submit its Bids between 8 AM and 12 PM (noon) Central Prevailing Time on the Bid Date.
For the 25-Plus Category, a “Bid” is submitted at a price per REC specific to an identified photovoltaic system. A Bidder must present Bids for a number of identified systems to account for at least 500 RECs. Each identified system has a single Bid price. A different Bid price may be submitted for each identified system.
Alternatively, for the Sub-25 Category, a “Bid” is submitted at a fixed price per REC for a quantity of no fewer than 500 RECs. Such RECs may be associated with identified systems, with a forecast (or “speculative”) quantity, or a combination of both. If a Bidder is including both a forecast quantity of RECs and identified systems in the Sub-25 Category in its Proposal, then the sum of the forecast quantity and the RECs associated with identified systems must be at least 500 RECs. A Bidder may submit multiple Bids (with each Bid at least 500 RECs) resulting in more than one Bid price, but any price would be associated with no fewer than 500 RECs.
This FAQ has been updated since it was originally posted on 05-21-2015.
For purposes of the bid evaluation criteria in the Fall procurement event, did the percentage of RECs to come from systems in the 25-500 kW size category ("25-500 Product") increase from 15% to 35%?
No. Consistent with the IPA’s Supplemental PV Procurement Plan, the November procurement event features size category procurement targets of 15% of RECs from systems 25 kW to 500 kW in size (the “25-500 Product”), and 35% of RECs for systems 500 kW to 2 MW in size (the “Over-500 Product”). In all procurement events, including the November 2015 procurement event, 50% of RECs must come from systems below 25 kW in size (Sub-25 Product).
This FAQ has been updated since it was originally posted on 05-21-2015.
Several forms require the same information to be provided or entered. Will data such as contact information be automatically transferred from Part 1 Form to other documents?
In some cases, yes. Bidders are required to complete the Part 1 Form and the Part 2 Form online, and some information (such as contact information) entered in the Part 1 Form will be automatically pre-populated in the Part 2 Form.
If our Bids are not selected, will we be informed as to whether we did not meet the benchmark vs not as competitive as other Bids?
No, Bidders will not be informed about whether non-selected Bids were unable to meet the confidential benchmark price.
Can you clarify the difference between performance assurance collateral and bid assurance collateral?
Bid assurance collateral is the collateral required before the Bidder may submit Bid(s) in the procurement event. Bid assurance in the amount of $4/REC (and $8/REC for forecast quantities) is due by all qualifying Bidders with the Part 2 Proposal on the Part 2 Date. This collateral is returned to losing Bidders, and is to be replaced by performance assurance for winning Bidders after the procurement event.
Performance assurance collateral is the collateral required under the SPV Contract, which will be refunded with the Seller’s first REC payment after the System has been Energized, registered with PJM-EIS GATS or M-RETS and has Delivered REC(s) to the IPA. Under the SPV Contract, performance assurance is required from Bidders who win Bids in the RFP. Performance assurance is in the amount of $8/REC for identified systems ($16/REC for forecast quantities).
For winning Bidders who provide the bid assurance collateral in the form of cash, the bid assurance collateral automatically becomes part of the required performance assurance collateral, and thus the incremental new collateral required is the performance assurance collateral requirement net of already-submitted bid assurance collateral amount. This amount is due to be submitted within fourteen (14) calendar days of ICC approval of results of the procurement event.
Performance Assurance Collateral is returned to Bidders along with payment for the first delivery of RECs, and invoices for the first REC delivery should include the performance assurance collateral required to be returned.
Please note that any requests for return of cash must be in the form of an invoice to the Illinois Power Agency and, as such, processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
This FAQ has been updated since it was originally posted on 05-21-2015.
On the application website, can the Part 1 Form be saved and returned to before submitting?
Yes, there is an option to save an unfinished form and return to it at a later time. Forms will not be reviewed by the Procurement Administrator until they are submitted by pressing the “Submit” button, at which time the form will be submitted and the Bidder will be locked out of the account and unable to further revise information provided in the form.
“We have a system that is “identified” in that we have some or all information required by the Worksheet Insert (#P1-2), but we do not expect the system to be installed, energized or registered with PJM-EIS GATs or M-RETS by Bid Date. Are we required to establish this as an identified system by the Part 1 Date?
Identified systems must be identified in your Part 1 Proposal. However, Bidders may indicate that they are submitting a Bid for a forecast quantity of RECs from systems in the Sub-25 Category in the Part 1 Proposal.
This FAQ has been updated since it was originally posted on 05-21-2015.
With reference to the Worksheet Insert #P1-2, what should be entered for the various fields including the "name of the system owners" and "system location". For example, who is the "System Owner"?
The System Owner is the individual or entity that has title to RECs from the system unless the System Owner has entered into an agreement to provide to another party unconditioned title to the RECs or the right to legally transfer RECs to the IPA under the SPV Contract. The System Location should be the street address, city, state, and ZIP code where the system is physically located.
Please review “Appendix 8: Glossary of Terms” posted under the “Final Supplemental PV RFP Documents” heading on the Supplemental PV Procurement Section of the procurement website, which contains additional definitions.
This FAQ has been updated since it was originally posted on 05-21-2015.
For the Sub-25 Category, is it correct that we can offer multiple Bids (ie., a price per REC for a quantity of RECs) at different price as long as each Bid is for at least 500 RECs, and that all RECs in the same Bid is offered at the same price?
That is correct. For the Sub-25 Category, a Bid is a price per REC for a quantity of no fewer than 500 RECs; such RECs may be associated with identified systems, with a forecast quantity, or with a blend of both. For each Bid, all RECs must be offered at the same uniform price.
However, you may name a different price for each Bid subject to the constraint that each Bid is for at least 500 RECs.
For purposes of bid evaluation, there is a reference to a "50% criteria" related to systems in the Sub-25 Category. Is it that 50% of Bids must be selected from systems in the Sub-25 Category or is it that 50% of the budget for the procurement event should be allocated to purchase RECs from systems in the Sub-25 Category?
Neither; 50% refers to the percentage of RECs procured from systems in the Sub-25 Category and thus to the percentage of RECs procured from systems in the 25-Plus Category. This requirement is derived from the following language of Section 1-56(i)(1) of the Illinois Power Agency Act: “[t]o the extent available, 50% of the renewable energy credits procured from distributed renewable energy generation shall come from devices of less than 25 kilowatts in nameplate capacity.” Please note that for the second procurement event, there is also a requirement of how the RECs in the 25-Plus Category are divided among systems that are above 500 kW and those that are between 25 kW and 500 kW.
To further clarify, bid evaluation and selection reflecting this requirement and the corresponding requirement that Bids be selected on the basis of price occurs as follows:
First, the evaluation of Bids eliminates all Bids that fail to meet or beat the confidential price benchmarks (established for each Product).
Second, Bids are selected until all Bids are selected (at which point no further steps need be taken) or until the budget is exhausted.
Lastly, if the prior step ends because the procurement budget was exhausted, in a next step, systems may be taken out of price order if this is needed in order to achieve the particular objectives of having a certain percentage from systems of a particular size class.
This FAQ has been updated since it was originally posted on 05-21-2015.
How do we know what the "benchmarks" are?
Bidders do not know what the benchmarks are, as both the benchmark development methodology and the price benchmarks themselves are kept confidential.
The concepts contained in the benchmarks were discussed at a high level at the April 14, 2015 workshop. See: http://www.illinois.gov/ipa/Documents/Supplemental-PV-Workshop-slide-4-14-15.pdf at pages 60-64 for more information.
Do we submit our Bids on the Part 2 Date or on another date?
Bids are submitted on the Bid Date listed in the SPV RFP Calendar posted to the “Calendar” page of the procurement website. On that date, a Bidder’s Bids must be received between 8 AM and 12 PM (noon) Central Prevailing Time.
The Procurement Administrator provides electronically to each Bidder qualified pursuant to a successful Part 1 Proposal the Bid Form in Microsoft Excel format as well as a set of instructions for purposes of submitting Bids. The Bid Form is the exclusive method for submitting a Bidder’s Bids. A Bidder must submit the Bid Form to the Procurement Administrator through a secure file transfer interface according to the instructions provided by the Procurement Administrator upon qualification.
This FAQ has been updated since it was originally posted on 05-21-2015.
If a Bidder submits a Part 1 Proposal and is qualified pursuant to a successful Part 1 Proposal, and then decides not to submit a Part 2 Proposal, is there a penalty?
No. A potential Bidder may submit a Part 1 Proposal and be qualified pursuant to a successful Part 1 Proposal, and then decide not to proceed to submit a Part 2 Proposal. There is no penalty for not submitting a Part 2 Proposal in this case.
If a Bidder post bid assurance collateral for a given quantity but ends up bidding less than that amount, will the bid assurance collateral be returned prior to the Commission decision?
Bid assurance collateral posted will not be returned prior to a decision of the Commission on the procurement event. The treatment of bid assurance collateral after the Commission decision depends on whether the Bidder has Bids approved by the Commission and on the nature of the bid assurance collateral (as cash or as a Pre-Bid Letter of Credit).
For example, if the Bidder has no Bids approved by the Commission, or if the cash tendered as bid assurance collateral exceeds the cash deposit due under the SPV contract (e.g., collateral posted for 2,000 RECs of a speculative quantity but only 500 RECs of this speculative quantity are bid and won), the Bidder may request the return of cash. Alternatively, the Bidder may elect to maintain the balance of the cash on deposit with the IPA for use as collateral in a future procurement event under the SPV RFP. Any request for return of cash must be in the form of an invoice to the Illinois Power Agency. If the Bidder has Bids approved by the Commission, the cash tendered as bid assurance collateral may be used for purposes of the cash deposit under the SPV contract (provided that additional cash or a Letter of Credit is provided for any balance due).
If the Bidder provided a Pre-Bid Letter of Credit as bid assurance collateral, the Pre-Bid Letter of Credit will expire on the date stated as part of its terms. Alternatively, the Bidder may: (i) provide any special instructions for return of the Pre-Bid Letter of Credit in the Part 2 Proposal; or (ii) provide an amendment to the Illinois Power Agency to amend the Expiration Date of the Pre-Bid Letter of Credit to use this same Pre-Bid Letter of Credit for participation in a future procurement event under the SPV RFP (at this time, an amendment to the amount of the Pre-Bid Letter of Credit may be made as well).
Additional instructions will be provided to Bidders with their notifications following the Commission decision on the procurement event.
Is it correct that RECs created prior to the contract start date will not be purchased through the SPV contract?
In responding to your question, we are interpreting where you stated “contract start date” to be the “Delivery Term Start Date”.
The date of your first REC Delivery to Buyer in accordance with the SPV Contract is known as the “Date of Initial REC Delivery.” This date is the date that the first RECs are transferred from the Seller’s account to the Buyer’s account, regardless of the month of REC creation. Should RECs be created prior to the Delivery Term Start Date and delivered as part of the Initial REC delivery, such RECs will be purchased through the SPV Contract. (Eligible systems for this procurement may not be energized prior to January 21, 2015 so the earliest possible vintage of RECs would be January, 2015.)
As stated in Section 2.3 of the SPV Contract, any RECs that are Delivered into Buyer’s account between the “Date of Initial REC Delivery” and the “Delivery Term Start Date” are deemed to be received by Buyer on the Delivery Term Start Date and as such will be purchased through the SPV Contract. Should RECs be created prior to the Delivery Term Start Date and be Delivered into Buyer’s account, any such RECs will be purchased through the SPV Contract.
Please explain how a Bidder posts bid assurance collateral.
Please see Section V.2 of the RFP Rules. The “bid assurance collateral” is an amount due with the Part 2 Proposal. The amount of bid assurance collateral required is $8 per REC of any forecast quantity included in the Proposal and $4 per REC for identified systems included in the Proposal. Forecast quantities are only possible for systems in the Sub-25 Category. A Bidder must submit bid assurance collateral in the form of cash or of a Pre-Bid Letter of Credit and the Bidder must make this election in the Part 2 Form.
If a Bidder elects to submit cash as bid assurance collateral, the Bidder must make the payment by one of the following three (3) accepted methods: (i) by check payable to “Illinois Power Agency”, following all instructions supplied by the Procurement Administrator; (ii) using e-pay, which is the electronic, e-check payment program administered by the Illinois State Treasurer, following all instructions supplied by the Procurement Administrator in this regard; or (iii) by ACH, (Automatic Clearing House) in CCD or CCD+ format, provided that the Bidder advises the Illinois Power Agency that it is requesting to remit payment via the ACH method, provided that the Bidder can provide a valid fax number for the paying entity, and provided that the Bidder follows all instructions supplied by the Illinois Power Agency by fax to the fax number provided by the Bidder. The Illinois Power Agency is not able to accept wire transfers. The Procurement Administrator makes available to Bidders additional instructions for submitting cash as bid assurance collateral with the Part 1 Notification.
Please note that any requests for return of cash must be in the form of an invoice to the Illinois Power Agency and, as such, processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
If a Bidder elects to submit a Pre-Bid Letter of Credit as bid assurance collateral, the Pre-Bid Letter of Credit must be in the form of the Standard Pre-Bid Letter of Credit or incorporate only modifications approved by the IPA and posted to the procurement website after the Part 1 Proposal process. Bidders may submit comments or propose modifications to the Pre-Bid Letter of Credit in their Part 1 Proposal. The Standard Pre-Bid Letter of Credit is provided as Appendix 6 of these RFP Rules. A list of acceptable modifications to the Standard Pre-Bid Letter of Credit will be posted to the procurement website.
This FAQ has been updated since it was originally posted on 05-21-2015.
I don’t think it is feasible for aggregators to have information regarding identified systems prior to bidding.
Thank you for your comments. If systems are not identified by the Part 1 Date, a Bidder may offer a forecast quantity of RECs for systems in the Sub-25 Category. Further, there will be an additional procurement event in March 2016.
This FAQ has been updated since it was originally posted on 05-21-2015.
Can you please post the Bidder Information Webcast?
Presentation materials and the audio recording from the bidder information webcast are posted to the Supplemental PV Procurement Section of the procurement website as soon as they become available: click here.
This FAQ has been updated since it was originally posted on 05-21-2015.
Can you please provide the worksheet which calculates the Maximum Contract Quantity as described in Section 1.4.9. of the SPV RFP Rules?
This spreadsheet is not available.
Do we have to indicate the Bid price in the Part 1 Window or the Part 2 Window?
No, the Bid price cannot and need not be submitted in Part 1 Window or Part 2 Window of the RFP process. A Bid in the SPV RFP is the price at which the Seller offers to supply a REC of a product, and a bidder is not required to submit this price until the Bid Date.
When will we be notified of our Part 1 Proposal status?
All bidders that submitted Part 1 Proposals will be notified on the Part 1 Notification date as to whether the bidder has qualified pursuant to a successful Part 1 Proposal. While this formal notification is provided on the Notification date, the Procurement Administrator generally acknowledges receipt with the results of an initial review on the day the materials are received or the next business day. The initial review states either that the Part 1 Proposal is complete and is being considered, or the initial review lists items of the Part 1 Proposal that are incomplete or require clarification. If the Part 1 Proposal is incomplete or requires clarification, the Bidder will be offered the opportunity to correct or explain the deficiency as time allows. If the Bidder does not correct or adequately explain the deficiency within the time allowed, the Part 1 Proposal may be rejected. If the Part 1 Proposal is complete, the Procurement Administrator sends a notice that the Part 1 Proposal is complete and is being considered.
This FAQ has been updated since it was originally posted on 05-21-2015.
What's the status on the registration process to be used for registering GATS systems?
In responding to your question, we are assuming you are asking whether the System is required to be certified by an Illinois State entity prior to registering with a REC tracking system.
The answer is no. Unlike other states, there is no State certification process required for purposes of registering your system with PJM-EIS GATS or M-RETS.
Are non-profits, schools and churches eligible to participate in the SPV RFP?
Yes, there are no requirements that would specifically exclude non-profits, schools and churches from participating in the SPV RFP as long as the entity that is the bidder is able to meet the requirements of the SPV RFP and the Seller is able to perform the obligations under the SPV Contract.
Please note, however, that only systems meeting the statutory definition of “distributed renewable energy generation device” are eligible, and that whether at a home, business, nonprofit, school, church, or any other site, any such photovoltaic system must be located on the customer’s side of the customer’s electric meter. A full definition of “distributed renewable energy generation device” can be found in Section 1-10 of the Illinois Power Agency Act [20 ILCS 3855/1-10]. Also note that other funding sources (such as grants offered by the Illinois Clean Energy Community Foundation) may place restrictions on the resale of RECs. Bidders are advised to consult the guidelines for other funding sources to ensure that the RECs from the system would be eligible for sale to the IPA.
Why is Performance Assurance required if Buyer can terminate the SPV Contract at any point if Buyer is unable to pay for the RECs?
The Performance Assurance requirement provides the Buyer with assurance that the Seller will Energize and register the System by the Energized Guaranteed Date, and that the Seller will identify System(s) associated with a Forecast REC Quantity by the Guaranteed System Identification Date.
This requirement is intended to provide a disincentive for bidders to bid on quantities of RECs in the procurement event (that could be speculative or associated with identified systems) that are unlikely to come to fruition, and is distinct from the Buyer’s ability to pay for RECs.
If we win a forecast quantity of RECs at 2 different prices (e.g., For Bids on the basis of a forecast quantity, if we have a winning Bid of 500 RECs at one price and another winning Bid of 500 RECs at a different price), may we have a System that is subsequently identified be awarded some RECs from the two different Bids?
No, all RECs within a single Bid must be offered at the same uniform price. The bidder will be required to execute a separate SPV Contract for each winning Bid based on a Forecast REC Quantity. For a System subsequently identified under an SPV Contract for a Forecast REC Quantity, RECs from the System shall be paid the purchase price associated with such SPV Contract.
How is the Performance Assurance amount calculated?
Under the SPV Contract, the Performance Assurance required is equal to $8/REC multiplied by the Maximum Contract Quantity under the SPV Contract, or if the SPV Contract is based on an award for speculative bids, then $16/REC multiplied by the remaining Forecast REC Quantity under such SPV Contract.
Who will be responsible for providing the information required to fill out the SPV Contract – should this be the Aggregator or the System Owner?
The Seller under the SPV Contract will be the individual or entity responsible for completing and providing the required information under the SPV Contract, including the associated exhibits. Seller must have rights to the RECs to be Delivered to the IPA and such rights include Seller’s rights to Deliver and convey title of such RECs to IPA such that, upon Delivery, all rights and ownership of Delivered RECs shall belong to the IPA.
For purposes of the Part 1 Form, how are you defining an “Identified System”?
An Identified System is a system for which the Bidder has some or all information required by the Worksheet Insert (#P1-2). For example, for a system to be identified, you must be able to indicate the address and size of the System.
Could Seller issue the invoice immediately following REC Delivery?
Yes, Seller may invoice Buyer immediately following REC Delivery provided that Seller may only submit one invoice per Contract Quarter under the SPV Contract. For REC Deliveries made in a Contract Quarter, the Seller is required to invoice for such REC Deliveries by the 20th Day of the immediately succeeding Contract Quarter. For example, if Seller completed its REC Delivery for the Contract Quarter of January through March 2016 on March 15, 2016, Seller is required to invoice Buyer by April 20th, but may invoice Buyer as early as March 16th.
Will the IPA as Buyer under the SPV Contract purchase RECs from Systems that are generating RECs prior to the Effective Date of the SPV Contract?¬
Yes, a System that qualifies as “new” may begin generating RECs once it has been Energized and registered with PJM-EIS GATS or M-RETS. A System is considered “new” if it is Energized on or after January 21, 2015. Systems Energized prior to January 21, 2015 are not eligible to participate in the procurement event. The IPA will purchase RECs generated by “new” systems prior to the Effective Date of the SPV Contract through the SPV Contract with the Seller, provided that the overall number of RECs that Buyer is obligated to purchase does not exceed the Maximum Contract Quantity under the SPV Contract.
Is the SPV RFP a replacement for rebates?
Participation in the SPV RFP is not meant to replace rebates or other programs. Systems that participate—or have participated—in grant, incentive, rebate, or tax credit programs are not precluded from participating in the SPV RFP. However, it must be the case that the owner of a system participating in such a program still is able to offer to sell the RECs from the system to the IPA through the SPV RFP.
I own a 5-10 kW PV system. Am I eligible to participate in this RFP?
The SPV RFP under the IPA Public Act 98-0672 includes a category for systems under 25 kW. The IPA plan contains an aggregator requirement for bids in the sub-25kW category, which means bids in this category would include RECs from a variety of systems. The program addresses this requirement by requiring that the minimum bid quantity be of 500 RECs, which roughly translates to 79.39 kW.
Please note that there are other requirements for systems to be bid into the program including that the system: 1) must be new, meaning that it must have been energized after January 21, 2015; 2) must have a revenue quality meter; 3) must be interconnected with a regulated utility, municipal utility, or rural electric cooperative in Illinois; 4) must be registered with PJM-EIS GATS or M-RETS; and 5) must be installed by Qualified Persons as this term is defined in the law.
Is it necessary to have a revenue quality meter installed and to be registered with a tracking system in order to submit bids?
No. Winning Bidders will have 12 months to demonstrate to the IPA that the systems associated with winning bids have been completed, energized, and registered in an applicable tracking systems (PJM-EIS GATS or M-RETS) to deliver RECs to the IPA.
This FAQ has been updated since it was originally posted on 05-08-2015.
According to the IPA Supplemental PV Plan, the minimum bid quantity in the sub 25 kW system category is 500 RECs, but at the same time no individual system can contribute more than 500 RECs to a bid in this category. These requirements seem contrary, is my understanding correct?
Your understanding is correct. The IPA Public Act 98-0672 contains an aggregator requirement for bids in the sub-25kW category, meaning bids in this category would include RECs from a variety of systems. The program addresses this requirement by requiring that the minimum bid quantity be of 500 RECs.
Please note that there are other requirements for systems to be bid into the program including that the system: 1) must be new, meaning that it must have been energized after January 21, 2015; 2) must have a revenue quality meter; 3) must be interconnected with a regulated utility, municipal utility, or rural electric cooperative in Illinois; 4) must be registered with PJM-EIS GATS or M-RETS; and 5) must be installed by Qualified Persons as this term is defined in the law.
Where can I find the presentation from the April 14, 2015 Comment Workshop on the First Draft of the Supplemental PV Contract?
Please see the link to the presentations on this page of the IPA’s website: http://www.illinois.gov/ipa/Pages/Renewable_Resources.aspx#RECProcurementEvents
Are systems located in the MidAmerican Energy territory eligible for participation in the SPV RFP?
It is not a requirement to have a system located in ComEd’s or Ameren’s Zone to bid in the SPV RFP. In order to be eligible, a project must, among other restrictions, be interconnected with a regulated utility, municipal utility, or rural electric cooperative in Illinois. Please see documents or the webcast posted to the Supplemental PV Procurement Section for more information.
This FAQ has been updated since it was originally posted on 04-24-2015.
Are there limitations on the solar RECs that are eligible for the SPV RFP? In particular are there limitations with respect to location?
While the contractual terms and RFP documents are still in development, we can provide the following requirements for RECs that would be purchased by the IPA through the Supplemental PV (“SPV”) procurement. For bidding in the SPV RFP, these requirements include, but are not limited to, RECs that: (i) are generated by a solar photovoltaic system that qualified as distributed generation; (ii) are generated by a system energized January 21, 2015 or later; (iii) generated by a system that is interconnected with a regulated utility, municipal utility, rural electric cooperative in Illinois; (iv) are tracked in one of PJM Environmental Information System (“EIS”)’s Generation Attribute Tracking System (“GATS”) or the Midwest Renewable Energy Tracking System (“M-RETS”); (v) are generated by a system installed by “qualified persons” (as this term in defined in the Act for this procurement); and (iv) are generated by a system on the customer side of a revenue qualify meter.
Please note that, in particular, the RECs must be Illinois RECs and RECs from other states are not eligible.
Will bids for sub-25kW systems be required to be uniform, or can bids be specific for each such identified system?
There is no mismatch or inconsistency. For sub-25kW systems, the minimum bid size is 500 RECs and all such RECs must be offered at the same uniform price. The SPV contract is structured so that there is one contract for each identified system. When a participant bids a given quantity (of 500 RECs or more) of sub-25kW systems at a uniform price, the specific purchase price of the contracts for each and every system will be the same. There will be a distinct contract for each sub-25kW system but the price for all contracts resulting from a single bid will be the same.
What measures will the IPA undertake to ensure systems have been installed by “Qualified Persons”?
As the law requires enforcement of this provision through “contractually enforceable mechanisms,” the information or evidence required will be determined in the final SPV contract and RFP documents. On a preliminary basis, it is expected that:
— In its Proposal, the bidder would certify either that the system has been installed by a qualified person or will be installed by a qualified person.
— In the SPV contract, as a condition of receiving payment for RECs, the Seller would certify that the Seller has reviewed and understands the provisions of Section 1-56(i) of the Illinois Power Agency Act pertaining to the requirement the systems be “installed” by a “qualified person” (20 ILCS 3855/1-56(i)(1)), and that the system was in fact installed by a “qualified person” as those terms are used in the Act.
— Under the contract, the IPA maintains the right to inspect/audit books and records of the Seller regarding this certification. Should this certification be found to be erroneous, this can be considered an event of default under the SPV contract, which can lead to withholding of payments and termination.
Are the following the only requirements for aggregator registration? 1)The aggregator is registered to do business in the state of Illinois; 2)the aggregator is able to ensure meter data is collected from aggregated systems; and 3)The aggregator is, or will be, registered with GATS and/or M-RETS upon contract award.
In addition to the conditions that you reference above, an aggregator that serves as an intermediary between individual system owners and the IPA will be expected to:
1) enter into contracts with individual system owners so that the aggregator has a contractual right to transfer to the IPA, with clear title, RECs issued from generation of the systems;
2) is willing to contract with the IPA through the SPV REC contract and to accept standard Illinois terms as well as procedures for contract administration.
Is it necessary that every person involved with the installation of a photovoltaic system satisfies the “Qualifed Person” requirement as established in the Draft REC Purchase & Sale Agreement?
Please note that while a firm may have individuals who are “qualified persons” on staff, the firm itself is not a “qualified person.” It is not sufficient for only the Project Manager to be a qualified person (unless the Project Manager performs all necessary steps of the installation as defined below). Each individual who performs the operations included in the definition of “Install” must be a “qualified person”.
Please review the definitions of Section 1-56(i)(1) below.
A “qualified person” means a person who performs installations of photovoltaics, including, but not limited to, distributed photovoltaic generation, and who: (A) has completed an apprenticeship as a journeyman electrician from a United States Department of Labor registered electrical apprenticeship and training program and received a certification of satisfactory completion; or (B) does not currently meet the criteria under clause (A) of this paragraph (1), but is enrolled in a United States Department of Labor registered electrical apprenticeship program, provided that the person is directly supervised by a person who meets the criteria under clause (A) of this paragraph (1); or (C) has obtained one of the following credentials in addition to attesting to satisfactory completion of at least 5 years or 8,000 hours of documented hands-on electrical experience: (i) a North American Board of Certified Energy Practitioners (NABCEP) Installer Certificate for Solar PV; (ii) an Underwriters Laboratories (UL) PV Systems Installer Certificate; (iii) an Electronics Technicians Association, International (ETAI) Level 3 PV Installer Certificate; or (iv) an Associate in Applied Science degree from an Illinois Community College Board approved community college program in renewable energy or a distributed generation technology.
“Directly supervised” means that there is a qualified person who meets the qualifications under clause (A) of this paragraph (1) and who is available for supervision and consultation regarding the work performed by persons under clause (B) of this paragraph (1), including a final inspection of the installation work that has been directly supervised to ensure safety and conformity with applicable codes.
“Install” means the major activities and actions required to connect, in accordance with applicable building and electrical codes, the conductors, connectors, and all associated fittings, devices, power outlets, or apparatuses mounted at the premises that are directly involved in delivering energy to the premises’ electrical wiring from the photovoltaics, including, but not limited to, to distributed photovoltaic generation.
Will it be acceptable for aggregators to execute a single contract for all aggregated systems or will a separate contract be required for each system?
The SPV contract is structured in such a way that there is one contract for each identified system for which a bid is submitted. For forecast REC quantities for yet-to-be-identified sub-25kW systems bid through the SPV RFP proposal process (“speculative bids”), there is one initial contract per bid. However, once the systems are identified for the forecast REC quantity, each such system would have its own contract.
For sub-25kW systems, the minimum bid size is 500 RECs and all such RECs must be offered at the same uniform price. The bid may include RECs from identified systems, or a forecast REC quantity, or both, but all RECs in the bid must be at the uniform price. For systems in the 25kW and over category, the minimum bid size is also 500 RECs. However, a participant can specify a different bid price for each system.
Thus, a participant is able to enter multiple bid prices for multiple systems in the 25 kW and over category and each such system would have its own contract. A participant is only able to enter a single price for multiple systems in the sub-25kW that together account for 500 RECs or more; however, each such system would eventually have its own contract.
When and where will the list of pre-qualified aggregators in the 2015 SPV RFP be posted?
Consistent with Section 1-56(i)(7) of the Illinois Power Agency Act, “the names of the successful bidders and the average of the winning bid prices for each contract type and for each contract term shall be made available to the public within 2 days after the supplemental procurement event.” As such, the Procurement Administrator will first make this list of winning bidders available on the procurement website after the conclusion of the first procurement event with a Bid Date planned for June 18, 2015.
For aggregators (i.e., bidders who are not bidding strictly on behalf of systems they own), this list will consist of winners in procurement events under the SPV RFP that consent to have their names and contact information posted to the website as a pre-qualified aggregator.
Please note that because Section 1-56(i)(7) also contains a requirement to “maintain the confidentiality of all other supplier and bidding information,” certain information cannot be made public. This includes the names of aggregators that have pre-qualified in the RFP process but do not have bids approved by the Commission, bidders’ individual bid prices, and the benchmark prices applied to the procurement events.
What is the timeline for pre-qualification and registration of aggregators? Does it coincide with the timeline for pre-qualification and registration of bidders in the SPV RFP?
The pre-qualification and registration of all bidders for participation in the SPV RFP, including aggregators, will take place on the timeline provided in the calendar posted to the procurement website for the SPV RFP (see https://ipa-energyrfp.com/supplemental-pv-procurement-section/). A bidder will pre-qualify by successfully meeting the requirements of the Part 1 Proposal. A bidder will register by successfully meeting the requirements of the Part 2 Proposal. The pre-qualification and registration of aggregators is not distinct from, but rather is integrated with, meeting the requirements for a successful proposal under the SPV RFP.
Is there a registration fee associated with the Part 1 Proposal?
The Part 1 Proposal consists of an online form to be completed as well as the submission of documents required by the Part 1 Form. No participation fee or application fee is required.
This FAQ has been updated since it was originally posted on 04-07-2015.
What are the deposit requirements for participation in the REC RFP?
As specified in the Supplemental Procurement Plan, credit requirements include a refundable deposit per REC of $16/REC ($100/kW) for “speculative” systems and $8/REC ($50/kW) for identified systems. Half of the deposit will be required before the bid date, with the remaining balance due from winning bidders within 14 days of the announcement of the procurement results. It is expected that the refundable deposit can be provided as a cash deposit or as a letter of credit.
Where and when will the Supplemental PV REC RFP be held? How are Bids submitted?
Calendars for the schedule of events for each of the procurement events can be found here.
In order to submit Bids in the IPA Supplemental PV Procurement, Bidders enter their Bids in an Excel spreadsheet that will be provided to them and that they will transfer to the Procurement Administrator through a secure interface during a particular time window on the Bid Date.
This FAQ has been updated since it was originally posted on 04-07-2015.
In what way does Public Act 99-0002 affect the Renewable Energy Resources Fund available for the Supplemental PV RFP?
While Public Act 99-0002 (signed into law on March 26, 2015) features a significant transfer of funds from the Renewable Energy Resources Fund to the General Revenue Fund, it also specifically and intentionally preserves $30 million in the Renewable Energy Resources Fund to cover contracts stemming from this procurement. Therefore the budget for this procurement will not be affected.
Do all systems need a revenue quality meter?
While the Illinois Commerce Commission’s Order approving the IPA’s Supplemental Photovoltaic Procurement Plan declines to adopt a specific standard that meters must meet, it does require that the IPA’s Plan include references to “revenue-quality” meters, with “revenue-quality” defined as achieving accuracy ranges that the IPA determines are necessary to receive SRECs in the applicable utility’s service territory.
Please refer to the IPA “Revenue-Quality” Metering Accuracy Standard and Acceptable Technologies, which are posted here.
This FAQ has been updated since it was originally posted on 04-03-2015.
Does the supplier have to be registered to do business in Illinois? Where can we register?
Yes, suppliers must be registered to do business in Illinois. This requirement pertains to all RFPs with the State of Illinois where a State Agency is the counterparty to the contract. Suppliers can register through the Illinois Secretary of State. Please see www.cyberdriveillinois.com.
Is the $30 million set aside for this program secure from the spending freeze and budgets cuts that the Governor has enacted? Is this a viable Procurement?
Yes, this is a viable procurement. While Public Act 99-0002 (signed into law on March 26, 2015) features a significant transfer of funds from the Renewable Energy Resources Fund to the General Revenue Fund, it also specifically and intentionally preserves $30 million in the Renewable Energy Resources Fund to cover contracts stemming from this procurement. Therefore the budget for this procurement will not be affected.
For aggregators of small projects, who will be the contract party with the IPA? Will it be each system owner or will it be the aggregator?
We expect that the contract will be between the aggregator and the IPA (and that the aggregator will have separate contracts with the system owner that give the aggregator title, or the right to convey title, to the RECs from the systems). Note that the contract party must agree to, and be bound by, all the terms and conditions of the contract and associated state-required forms.
Will we be provided with the price per REC or an expected range?
Unlike standard offer programs in other states, prices for RECs or expected ranges are not announced. Instead, bidders determine the price per REC they wish to bid and the prices paid for RECs come from the competition among participants in the bidding process as outlined in Section 1-56(i) of the Illinois Power Agency Act. To be evaluated, bids must meet or beat confidential benchmark prices developed by the procurement administrator in consultation with the Agency, Commission Staff, and the procurement monitor. These benchmarks are confidential and will not be provided to bidders.
Is the system size limit based on the AC or DC system size?
The system size is based on a DC capacity rating in kW (see p. 12 of the IPA’s Supplemental Photovoltaic Procurement Plan, which may be found here: https://www.icc.illinois.gov/downloads/public/edocket/398633.pdf).
Will we need to issue an invoice for the return of the performance assurance?
Yes. Due to the requirements of the state Comptroller’s office, unless Buyer receives an invoice, Buyer will not be able to process payments. Thus, you will need to issue an invoice for the return of performance assurance. You may invoice for the return of performance assurance specific to your invoice for the first REC delivery.
Please note that processing of requests for return of cash will be delayed until a Fiscal Year 2016 State of Illinois budget is officially adopted, or an appropriation for the Illinois Power Agency is otherwise approved into law.
This FAQ has been updated since it was originally posted on 04-03-2015.
Should RECs be delivered as they are created or on a set date each contract quarter?
Under the draft REC Purchase & Sale Agreement there is no specific date regarding when the RECs must be delivered to the Buyer’s account in the applicable tracking system during a contract quarter, but RECs must be deposited prior to the Buyer receiving an invoice and must have been deposited sometime during the contract quarter for which the invoice is issued. If Seller does not deliver RECs in a contract quarter, Seller will not be able to invoice or be paid for that contract quarter.
Is there an application or bid fee associated with the Supplemental PV RFP?
No, there is no application fee or bid fee for the SPV RFP. There is only the bid deposit requirement.
Are speculative bids only allowed for the <25kW size category?
Yes, speculative bids are only allowed for the <25kW size category (see p. 16 of the IPA’s Supplemental Photovoltaic Procurement Plan, which may be found here: https://www.icc.illinois.gov/downloads/public/edocket/398633.pdf).