REQUEST FOR PROPOSALS

9.1 MW COMMUNITY SOLAR PROJECT

SOLAR EQUIPMENT SUPPLY

ISSUED BY: Alternative Resource Energy Authority (AREA) CONTACT NAME: Sean Fleming CONTACT EMAIL: [email protected] RFP REFERENCE #: AREA2034 RFP ISSUE DATE: Friday, November 13th, 2020 RFP CLOSING DATE: Monday, December 14th, 2020 RFP CLOSING TIME: 3:00 PM Atlantic Time

Page 1 of 30 Summary, Contents & Instructions: Summary: The Alternative Resource Energy Authority (AREA) is seeking proposals from qualified and experienced original equipment manufacturers “OEMs” to provide solar equipment in support of AREA’s community solar photovoltaic projects in Antigonish, Berwick, and Mahone Bay (project).

Equipment Supply in this RFP can be generally broken into the following categories: 1) Solar Modules 2) Inverters 3) DC Combiner Boxes 4) Racking

Qualified OEMs can submit proposals for any or all the equipment categories outlined above.

For further clarity, an OEM does not need to provide a proposal for all equipment categories to be considered eligible to participate in this RFP.

Further details on the Equipment Supply are provided in Part A.

Documents for this project will be publicly available through: • NS Tenders (https://procurement.novascotia.ca/ns-tenders.aspx) • MERX (https://www.merx.com/) Contents: This Request for Proposals (the “RFP”) is organized as follows:

• Part A: The Project – details of the project and equipment required by AREA • Part B: The RFP Process – the process for submissions, evaluation, and award for the RFP • Part C: Proposal Submission Requirements and Appendices – the forms an OEM should submit in their proposal and any other appendices

Page 2 of 30 Part A: The Project

Part A provides detail on the equipment required by the Alternative Resource Energy Authority (AREA) for this project. OEMs should read this section in detail and ensure they are fully capable of providing the equipment as described.

1. Background: AREA is a partnership between the Towns of Antigonish, Berwick and Mahone Bay (Towns). The Towns each operate a municipal electric utility (MEU) to distribute power safely and cost effectively within their service territory. AREA’s mandate is to leverage clean technology to reduce the costs and carbon intensity of the energy that powers these communities and other municipalities in Atlantic .

AREA is planning the construction of approximately 9.1 megawatts (MW) of community solar photovoltaic (PV) gardens across the three (3) Town MEU service areas.

The solar PV installations under consideration will be developed on sites in Berwick (4.8 MW), Mahone Bay (2.2 MW) and Antigonish (2.1 MW). Addresses for the sites under consideration are as follows:

• Antigonish: 1623 Brierly Brook Road, Antigonish, Nova Scotia • Berwick: 181 Willow Avenue, Berwick, Nova Scotia • Mahone Bay: 740 Main St, Mahone Bay, Nova Scotia

2. Equipment Supply: This section details the requirements and deliverables under this RFP with respect to solar equipment supply. AREA’s goal is to deploy community solar gardens safely and cost-effectively within the Town MEU service territories. The primary objective of this RFP is to select well qualified OEMs to support AREA delivering solar energy (kWh) at the lowest rate while minimizing risk exposure for AREA’s municipal owners through proven, reliable, solar equipment backed by strong warranties and service.

The specifications and submittals for Equipment Supply in this RFP are not written to be all inclusive, prescriptive, or as mandatory requirements. The specifications and submittals should be used by OEMs as a guide. AREA welcomes suggestions, recommendations, methods, appropriate or applicable technology, standards, industry best practices, and further details from OEMs on the equipment supply as part of their Proposal.

AREA’s objective with the project is to cost effectively maximize the useful lifetime of the system to minimize the levelized cost of energy (LCOE). Because of this, AREA places a high degree of value on equipment that has a proven track record of reliability and performance to minimize potential maintenance issues. OEMs are encouraged to provide any additional details and technical reports in addition to those requested below to demonstrate how their products meet the project requirements and objectives.

AREA has hired consultants to conduct engineering design services for the projects. Copies of the relevant reports and designs can be provided to qualified OEMs after registration. At its sole discretion AREA may opt not to share copies of these reports if requested by an entity that does not meet the criteria of a qualified OEM as detailed in 5. OEM Qualifications. Page 3 of 30 2.1. Equipment Supply: The equipment requested in this RFP can be generally broken into the following categories:

1) Solar Modules 2) Inverters 3) DC Combiner Boxes 4) Racking

Qualified OEMs can submit proposals for any or all the equipment categories outlined above, provided the OEM manufactures the equipment they are proposing. For further clarity, an OEM does not need to provide a proposal for all equipment to be considered eligible to participate in this RFP. Further details on the categories of equipment are detailed below.

The specifications and submittals are not written to be all inclusive, prescriptive, or as mandatory requirements, but deviations from the specifications and submittals should be clearly highlighted to AREA as part of a proposal. Details of potential alternate equipment that does not meet the specifications, and or document submittals, outlined below must be submitted to AREA for review, and consideration, at least one (1) week prior to the RFP closing date.

1) Solar Photovoltaic Modules Quantity:

• 9.1MWpdc ± 10%. • Assumed to be 400W modules with a total QTY of 22,750. Performance Specifications: • Bifacial module design. • Minimum nominal power rating of 400W at Standard Test Conditions (STC), excluding bifacial gain. Higher capacity modules will be considered. OEMs are encouraged to submit proposals for their highest capacity and most competitive product offering. • Minimum module efficiency of 19%, excluding bifacial gain. • Maximum operating voltage of 1500V. • Various cell counts, sizes and layouts will be considered. • Monocrystalline cell type. • Tempered glass with anti-reflective (AR) coating. • Nominal size of two (2) meters by one (1) meter. Higher capacity modules that exceed the nominal dimensions will be considered. • Minimum mechanical loading of 5400Pa front and 2400Pa rear. • Minimum 1400mm 12 AWG cable length with MC4/EVO2 connectors. • IP68 junction box. • Operating temperature range of -40°C ~ +80°C on continuous duty. • Positive power tolerance (ex. 0 ~ +5W, 0-+5%, etc.) • Temperature coefficient of Pmax <= -0.35%/°C +/- 0.01%

Page 4 of 30 • Modules shall be free of potential induced degradation (PID) in operating conditions up to 60℃/85% relative humidity (RH). Submittals: • Proposed delivery schedule and lead times including a risk mitigation plan to ensure delivery within the stated schedule given potential supply chain disruptions (ex. COVID-19). • All relevant safety and performance certifications for installation in Canada, including but not limited to: • CSA, cUL or equivalent; • IEC 61215, 61730, 61701, 62716; • UL 1703; • Fire Performance: TYPE 1 (UL1703) or CLASS C (IEC/EN 61730-2); • Other relevant safety or performance certifications. • Detailed datasheet with electrical properties, including power output under 10% (100W/m2 ) and 20% (200W/m2 ) bifacial gain. • Installation instructions including allowable fastening methods and resulting front and rear loading. • Ownership, operations, and maintenance guidelines. • Certificate of Origin, or equivalent documentation, specifying the location, ownership, and annual capacity in MWdc of the manufacturing facility. • Relevant certifications for the manufacturing facility, including but not limited to: • ISO 9001, 14001, 50001; OHSAS 18001. • Module quantity per standard 40’ shipping container • Workmanship and power production warranty details including length, claims process, optional extensions, and transferability. The warranty must be clear on which legal entity holds the warranty, and whether this is a parent company or division of a parent company, and who honours the warranty in the case of the warranty holder becoming insolvent. • OEM site conditions sign off procedure for verification of warranty acceptance. OEM to include a per visit line item cost, and hourly rate schedule, to send a factory representative to the sites, verify site conditions, and generate a punch list of deficiencies as required to be corrected by the contractor prior to verification of warranty acceptance. • Performance reports and characterization, preferably by PVEL or equivalent third party, including but not limited to: • Module product qualification program (PQP) • Factory witness production monitoring and bill of materials (BOM) verification • Intake characterization • Light and elevated temperature induced degradation (LeTID) and sensitivity • Thermal cycling and damp heat • Backsheet durability • Dynamic mechanical loading • Potential Induced Degradation (PID)

Page 5 of 30 • PVSyst compatible PAN file and IAM profile • Field exposure • Highly accelerated life testing (HALT) • Long term power output performance degradation (%/yr) • Post purchase order, OEM to submit flash test results for each module to be supplied to AREA, in a MS Excel spreadsheet format, prior to the release of goods from the manufacturer’s facilities. Flash test results to match third party generated PAN file within measurement error tolerance. AREA will confirm acceptance of these results prior to accepting any goods. • OEM to submit payment terms and a draft equipment supply contract for AREA’s consideration with their proposal. AREA will look favourably on payment terms and supply contracts written in a fair, and good faith manner to protect both parties, and not one sided to the benefit of the OEM. For further clarity, payment terms and the terms of an equipment supply contract will be scored criteria in the RFP. 2) Inverters Quantity:

• 6.5MWpac ± 10%. Performance Specifications • Nominal operating voltage range 850-1500VDC. • Minimum input short circuit rating of 300A. • Minimum real power rating of 125kW (either nameplate or derated). Higher capacity 1500V string inverters will be considered. • Minimum apparent power rating of 132kVA. • Optional integrated load break DC disconnect preferred but not required. • Optional Arc Fault Circuit Interruption (AFCI) • Minimum nominal output operating voltage of 600VAC. • Minimum power factor operating range of 0.95 leading to 0.95 lagging. • Electrical configuration of 3-phase WYE. • Frequency of 60Hz. • Minimum CEC efficiency of 98.5%. • All required hardware and software for remote communications, control, diagnostics, and monitoring via RS-485 or Ethernet (TCP/IP) and integration into a SCADA system. Including ability to curtail inverter output from a signal originating from the SCADA system. • Forced air cooling. • Enclosure rating of NEMA 4X. • Operating temperature range of -25°C ~ +40°C without active derating. • Permissible relative humidity up to 100%.

Submittals: • Proposed delivery schedule and lead times including a risk mitigation plan to ensure delivery

Page 6 of 30 within the stated schedule given potential supply chain disruptions (ex. COVID-19). • All relevant safety and performance certifications for installation in Canada, including but not limited to: • Certifications / approvals: CSA, cUL or equivalent; • Performance: IEC 61683, 62109 , IEEE 519; • Electromagnetic interference: FCC; • Grid interconnection: UL 1741-SA / CSA C22.2 No 107.1; • Roadmap for compliance with: CSA C22.23 No 9:20; • Advanced grid support: Rule 21. • Installation instructions, ownership, operations, and maintenance guidelines. • Certificate of Origin, or equivalent documentation, specifying the location, ownership, and annual capacity in MWac of the manufacturing facility. • Relevant certifications for the manufacturing facility, including but not limited to: • ISO 9001, 14001, 50001, OHSAS 18001 • Workmanship and performance warranty details including length, optional extensions, claims process, and transferability. The warranty must be clear on which legal entity holds the warranty, and whether this is a parent company or division of a parent company, and who honours the warranty in the case of the warranty holder becoming insolvent. • OEM site conditions sign off procedure for verification of warranty acceptance. OEM to include a per visit line item cost, and hourly rate schedule, to send a factory representative to the sites, verify site conditions, and generate a punch list of deficiencies as required to be corrected by the contractor prior to verification of warranty acceptance. • Details on available OEM inverter commissioning, service, and or maintenance packages. • Details on training program for local AREA (or designated sub-contractor) to be qualified to do servicing on the inverters. • Performance reports, preferably by PVEL or equivalent third party, including but not limited to: • Inverter product qualification program (PQP) • Factory witness production monitoring and bill of materials (BOM) verification • Passive chamber testing • Thermal performance characterization • Performance testing – efficiency and operational window • Field testing • PVSyst compatible OND file • Design life and or mean time between failure (MTBF) • Highly accelerated life testing (HALT) • OEM to submit payment terms and a draft equipment supply contract for AREA’s consideration with their proposal. AREA will look favourably on payment terms and supply contracts written in a fair, and good faith manner to protect both parties, and not one sided to the benefit of the OEM. For further clarity, payment terms and the terms of an equipment supply contract will be scored criteria in the RFP. Page 7 of 30

3) DC Disconnecting Combiner Box Quantity:

• 9.1MWpdc ± 10% (will be matched to inverter quantity).

Performance Specifications • Nominal voltage rating of 1500VDC. • Rated ampacity of 400A. • String fuse size 20A. • Integrated load break rated DC disconnect ampacity of 400A. • Integrated transient surge protection. • Optional pre-wired MC4 input whips with connectors for up to 20 input strings (NOTE: bulkhead connectors will not be accepted). • Optional string level monitoring. • Optional Arc Fault Circuit Interruption (AFCI) • Input conductor size of #8-14 Cu AWG • Output conductor size #2-500MCM Cu/AL • Padlock hasp. • Enclosure rating of NEMA 4X with breather / drain factory installed. • Operating temperature range of -35°C ~ +40°C. • Permissible relative humidity up to 100%. Submittals: • Proposed delivery schedule and lead times including a risk mitigation plan to ensure delivery within the stated schedule given potential supply chain disruptions (ex. COVID-19). • All relevant safety and performance certifications for installation in Canada, including but not limited to: • Certifications / approvals: CSA, cUL or equivalent; • Installation instructions, ownership, operations, and maintenance guidelines. • Certificate of Origin, or equivalent documentation, specifying the location and ownership of the manufacturing facility. • Relevant certifications for the manufacturing facility, including but not limited to: • ISO 9001, 14001, 50001; OHSAS 18001. • Workmanship and performance warranty details including length, optional extensions, claims process, and transferability. The warranty must be clear on which legal entity holds the warranty, and whether this is a parent company or division of a parent company, and who honours the warranty in the case of the warranty holder becoming insolvent. • OEM site conditions sign off procedure for verification of warranty acceptance. OEM to include a per visit line item cost, and hourly rate schedule, to send a factory representative to the sites, verify site conditions, and generate a punch list of deficiencies as required to be Page 8 of 30 corrected by the contractor prior to verification of warranty acceptance. • OEM to submit payment terms and a draft equipment supply contract for AREA’s consideration with their proposal. AREA will look favourably on payment terms and supply contracts written in a fair, and good faith manner to protect both parties, and not one sided to the benefit of the OEM. For further clarity, payment terms and the terms of an equipment supply contract will be scored criteria in the RFP. 4) Racking Quantity:

• 9.1MWpdc ± 10% (will be matched to solar module quantity). • Assumed to be 400W modules with a total QTY of 22,750. • ≥2.5% spare parts for all fastener types. • ≥1% spare parts for all structural components. Performance Specifications • Minimum 25-year design life for all structural components with optional adder for minimum 30-year design life for all structural components • Aluminum or galvanized steel structural components with a minimum coating of G235 (25- year) or G300 (30-year) coating for galvanized components. Coating thickness as per ASTM A653 / A653M. • Designed to accommodate bifacial modules with minimal rear-side shading. • Table design with modules in landscape orientation, four (4) modules vertical by thirteen (13) modules horizontal. Final table design dependent on final module specifications. • Standard single post design with optional dual post configuration. • Module top clamp designed for asymmetric boundary conditions to avoid cascading failure. • Designed to accommodate helical pile type foundations. • Cable management fully integrated into the racking structure. • Vibration resistant fasteners. Nyloc, or equivalent, and lock-washers on all appropriate and applicable fastener locations. • All fasteners to be high strength and clearly marked, minimum Grade 5 or equivalent. • All fasteners to be corrosion resistant, with 1000-hour salt spray rating as per ASTM B117. Acceptable corrosion resistant fasteners types include: • Hot dipped galvanized (ASTM A153 / F2329); • Magni 560 or equivalent; • 316 stainless steel. • No self-tapping fasteners permissible in the design or racking equipment supply. • Compatible with a variety of major module frame sizes to be confirmed by AREA. • Fixed-tilt design with module leading edge ≥1m ±0.1m above ground level and 30° tilt • Foundation tolerances: • East-west grade: ≥15% and • East-west position: ±50mm

Page 9 of 30 • North-south position: ±50mm • Height: ±30mm • Plumb: ±2° Submittals: • Proposed delivery schedule and lead times including a risk mitigation plan to ensure delivery within the stated schedule given potential supply chain disruptions (ex. COVID-19). • All relevant safety and performance certifications for installation in Canada, including but not limited to: • Certifications / approvals: CSA, cUL or equivalent; • Electrical grounding as per UL 2703 • Confirmation of assumed wind and snow loading along with structural importance factor. • Project specific stamped structural drawings to be provided upon award. Structural design as per NBCC 2015, IBC 2018 and ASCE 7-10 • Upon award, all relevant racking structural calculations to be made available to AREA including, but not limited to: • All fastener and connection hardware, including module T-bolts or equivalent • Dynamic loading if resonant frequency is less than 5Hz • Vertical and lateral loading for all structural components under maximum applicable snow and wind loads inclusive of induced loads due to mounted components including but not limited to combiner boxes, inverters, and or wiring conduit. • Details of safety factors used in all calculations. • Certificate of Origin specifying the location, ownership, and annual capacity in MWdc of the manufacturing facility. • Relevant certifications for the manufacturing facility, including but not limited to: • ISO 9001, 14001, 50001; OHSAS 18001. • Workmanship and performance warranty details including length, optional extensions, claims process, and transferability. The warranty must be clear on which legal entity holds the warranty, and whether this is a parent company or division of a parent company, and who honours the warranty in the case of the warranty holder becoming insolvent. • OEM site conditions sign off procedure for verification of warranty acceptance. OEM to include a per visit line item cost, and hourly rate schedule, to send a factory representative to the sites, verify site conditions, and generate a punch list of deficiencies as required to be corrected by the contractor prior to verification of warranty acceptance. • Performance reports, preferably by PVEL or equivalent third party, including but not limited to: • Wind tunnel testing • Snow load validation • Full scale load testing • Finite element modelling (Risa 3D or equivalent) • OEM to submit payment terms and a draft equipment supply contract for AREA’s consideration with their proposal. AREA will look favourably on payment terms and supply Page 10 of 30 contracts written in a fair, and good faith manner to protect both parties, and not one sided to the benefit of the OEM. For further clarity, payment terms and the terms of an equipment supply contract will be scored criteria in the RFP. Racking Notes: • Final racking details will be subject to change based on the solar module selection. AREA will shortlist racking OEMs for further discussions and final proposals based on their indicative responses to this RFP. • Draft helical pile designs and counts per site, based on geotechnical investigations, for the three Towns can be found in consultant’s reports. AREA is intending to conduct a pull test / pile design investigation to finalize the foundation design. Racking OEMs that offer either the testing service, or detailed foundation design service, are encouraged to submit proposals for these services as part of the optional value-added services section. • Racking OEMs that offer mechanical installation services including but not limited to pile foundations, racking and modules are encouraged to submit proposals for these services as part of the optional value-added services section. • The racking supplier shall use the appropriate NBCC Climatic Data for the geographic area of the site(s), and/or applicable wind tunnel test results, to develop the racking design and foundation reaction loads to be provided to the pile design Engineer. 2.2. Work Standards and Compliance: The successful OEM must supply equipment in accordance with industry best practices, relevant federal, provincial, and municipal rules, by-laws, regulations, and legislation, as well the most recent versions of the relevant codes, standards or guidelines from the following organizations: • Canadian Electrical Code (CEC) • Canadian Standards Association (CSA) • International Electrotechnical Commission (IEC) • American Society for Testing and Materials (ASTM) • Institute of Electrical and Electronics Engineers (IEEE) 3. Innovative Methods and Value-Added Services: OEMs may have additional product, and or service, offerings that will ensure the overall long-term success of AREA’s community solar projects. OEM may, and are encouraged to, include value-added ideas, equipment, products, services, innovative methods, design or delivery methodologies, or cost saving opportunities beyond the scope of the RFP that provide added benefit to AREA not specifically asked for in this RFP. Examples of value added services could be an optional warranty extension, commissioning services, or long term maintenance contracts.

Unless otherwise stated in the OEM’s proposal, it is understood that there will be no extra costs for these products and services; however, if the OEM identifies any additional costs pertaining to the proposed products or services, a summary and explanation of the value-added costs should be included and identified on the Pricing Form and detailed cost breakdown. 4. Schedule & Lead Times The successful OEM should be prepared to commence work immediately after the contract is awarded. OEMs must submit all relevant lead times and proposed equipment delivery schedules with their response to this RFP clearly defining the different deliverables and the timeline associated with them. Page 11 of 30 5. OEM Qualifications: By submitting a proposal for this project, the OEM is representing that it is the original manufacturer of the proposed equipment and has the competence, qualifications, manufacturing capacity, and relevant experience to carry out the equipment supply as per the project requirements. For further clarity, AREA will not be entertaining equipment supply proposals from distributors or project developers under this specific RFP. Part B: The RFP Process Part B details the terms and conditions of how AREA will run the RFP process, and how the OEM will be selected. OEMs should ensure they follow all the terms detailed below. Failure to follow the terms of this Part B may result in a proposal being rejected.

1. Key Details: 1.1. Registration AREA has hired consultants to conduct design work on the project. Qualified OEMs will be given a copy of the studies after they have completed, and returned to AREA the registration form attached in Appendix D. Note that registration is not mandatory, but is required if an OEM would like to view the work completed by AREA’s consultants.

1.2. RFP Process: This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not represent an invitation or an offer to contract by AREA.

By this RFP, AREA reserves itself the absolute and unfettered discretion to invite any OEM(s) to submit proposals, consider and analyze submissions, select short-listed OEMs or attempt to negotiate a contract with the successful OEM as AREA considers desirable. A proposal submission by an OEM, and its subsequent receipt by AREA, does not represent a commitment on the part of AREA to proceed further with any OEM.

1.3. No Obligation to Proceed: AREA is under no obligation to award a contract as a result of this RFP. The receipt by AREA of any information (including any submissions, ideas, plans, drawing, models, or other materials communicated or exhibited by any OEM), shall not impose any obligations on AREA. There is no guarantee by AREA that the process initiated by the issuance of this RFP will continue, or that this RFP process will result in a contract with AREA.

1.4. Non-Exclusivity: AREA reserves the right to contract with other OEM(s), at any time, including during the term of a contract or agreement with the successful OEM(s). AREA shall, in its sole discretion, reserve the right to source services from other firms or OEMs to meet AREA’s requirements. Specific instances where AREA may opt to source services from other firms or OEMs include, but aren’t limited to, if the successful OEM fails to meet any requirements or obligations of this RFP such as: • Unable to provide the required products and or services either as listed in this RFP or as modified from time to time; or • Unable to deliver the required product and or services at a location, and on a Page 12 of 30 schedule, suitable to AREA at its sole discretion. 1.5. Extra Work: No work shall be regarded as extra work, unless it is authorized in writing by AREA. The agreed upon price for any extra work shall be included in the written authorization for the extra work. 1.6. RFP Contact Person: The point of contact at AREA for any queries or questions related to this RFP is: • Name: Sean Fleming, Project Development & Operations Officer • Email: [email protected] • Phone: 902-809-8837 OEMs shall carefully review the RFP documents and report any errors, omissions, or ambiguities, and ask any questions that will further their understanding of the RFP and the requested services. The OEM is solely responsible to seek clarification from AREA on any matter it considers to be unclear and OEMs shall rely on their own independent analysis in preparing a submission. OEMs should contact the RFP Contact Person with any questions, in writing, by email only, prior to the Deadline for Questions below. AREA will post written questions and answers on NS Tenders and MERX.

Verbal discussion between AREA staff and an OEM shall not become a part of the RFP unless confirmed by a written Addendum. AREA shall not be held responsible for any misunderstanding by an OEM.

1.7. Timetable: This RFP process will follow the timetable noted below and may be amended at AREA’s sole discretion through the issuance of an addendum to this RFP. The timetable below is non- binding and AREA maintains the right to adjust the schedule at any time and at its discretion.

Event: Date:

Issue Date of this RFP November 13th, 2020

Deadline for Questions November 30th, 2020

Deadline for Alternate Equipment Submittals December 7th, 2020

RFP Closing Date and Time: December 14th, 2020 at 3:00 PM Atlantic

1.8. Submission of Proposals: Proposal submissions to this RFP are to be addressed to the RFP Contact Person and submitted by in PDF format by email only. Proposals must be received no later than the RFP Closing Date and Time detailed above. It is solely the responsibility of the OEM to ensure that the Proposal is received before the RFP Closing Date and Time. At minimum, proposal submissions shall remain valid for a period of thirty (30) days following the Closing Date and Time of this RFP. 1.9. Site and Document Examination: AREA assumes no responsibility or liability to any OEM for, nor shall AREA be bound by, any

Page 13 of 30 verbal discussions, understandings, representations or agreements by AREA’s representatives, agents, employees or officers concerning the RFP which are not in the form of RFP Addenda duly issued by AREA. The submission of a proposal shall be deemed prima facie evidence of the OEM’s full compliance with the requirements of this section.

Any submission or proposal that deviates from the terms, conditions and requirement of this RFP must be specifically identified by OEMs. Any exceptions shall be considered proposed changes and shall not alter the requirements of the RFP until agreed upon and formally accepted by AREA and the successful OEM. 2. Amendment or Withdrawal of a Proposal by OEM: An OEM may amend a proposal at any time up until the RFP Closing Date and Time. Amendments are to be submitted in the same format and method as the original proposal. Amendments to a proposal must be clearly labelled as such and must contain the RFP reference number and title and the full legal name and legal address of the OEM. Amendments must clearly detail which part(s) of the proposal is being amended or replaced. An OEM may withdraw a proposal that is already submitted at any time throughout the RFP process prior to the Closing Date and Time by contacting the RFP Contact Person. 3. Addenda: At any time up until the Closing Date and Time, AREA may, at its sole discretion, issue an addendum in order to amend, clarify, adjust the timetable, or answer questions to this RFP. Addenda will be publicly posted on NS Tenders and MERX. Each addendum will form an integral part of this RFP. OEMs are solely responsible for checking for addenda up until the Closing Date and Time. OEMs must confirm receipt of all addenda in Part C, Appendix A – OEM Submission Form of their Proposal. 4. Clarification and Verification: OEMs should note that the failure to meet all the submission requirements may adversely impact the evaluation of their proposal(s) or make the OEM ineligible to proceed in the RFP process.

AREA may request from any OEM a clarification of the contents of their proposal, or supplementary information clarifying matters contained in the proposal, or seek an OEM’s acknowledgement of AREA’s interpretation of any aspect of the OEM’s proposal. Notwithstanding the foregoing, AREA is not obliged to seek any such clarifications.

AREA may in its sole discretion, verify any statement or claim contained in an OEM’s proposal or made subsequently in any interview or discussion. That verification may be made by whatever means AREA deems appropriate and may include contacting persons or entities other than those identified by the OEM including but not limited to professional consultants AREA has hired. In submitting a proposal, a OEM is deemed to consent to AREA verifying any information from third parties and receiving additional information regarding the OEM, its directors, officers, shareholders or owners and any other person associated with the OEM as AREA may require.

At AREA’s sole discretion, any information so received may be considered to be an integral part of an OEM’s proposal and may be evaluated as such. OEMs should note that AREA reserves the right to rescind any contract or agreement awarded to a OEM if AREA determines that the OEM made a misrepresentation or provided any inaccurate, misleading or incomplete information in its Proposal or during contract negotiations.

Page 14 of 30 5. Evaluation of Proposals & Award of Contract: AREA will conduct the evaluation of proposals and selection of a successful OEM(s) in accordance with the process detailed in this Section. Proposals will be evaluated for best overall value as determined by AREA at its sole, and unfettered, discretion. The evaluation stages below should be considered a guide to AREA’s evaluation process.

Evaluation will be by AREA’s evaluation committee. AREA’s intent is to enter into an equipment supply agreement(s) with OEM(s) who have met all mandatory criteria and minimum scores, and who has the highest overall ranking based on the evaluation process outlined below.

5.1. Stage I – Compliance Review: Prior to the evaluation of submissions, AREA will review each proposal to determine if it complies with the submission instructions and mandatory requirements provided in this RFP. If, in the sole discretion of AREA, a proposal does not materially comply with the requirements set out in this RFP and/or AREA determines that there is a material or perceived conflict of interest, the OEM’s proposal will be disqualified from further consideration.

Proposals not clearly demonstrating that they meet the following mandatory criteria will be excluded from further consideration in the evaluation process.

Mandatory Criteria: 1 The proposal must be received by the Closing Date and Time

2 The Proposal must include the following completed forms: • Appendix A – OEM Submission Form • Appendix B – Pricing Form 3 The Proposal must include the information requested in the following appendix, in a format of their choice: • Appendix C – Rated Criteria Form

5.2. Stage II – Evaluation of Rated Criteria: Proposals that are deemed compliant after Stage I will be evaluated in Stage II. The evaluation team will establish the Stage II score using the following criteria.

Weighting Rated Criteria (Points)

Product Specifications 10

Warranty Length, Details, Optional Extensions & Claims Process 10

OEM Profile, Experience, References & Consultant Input 10

Certifications & Third Party Verified Performance Report Submittals 10

Schedule & Lead Times 10

Page 15 of 30 Payment Terms and Equipment Supply Contract 10

Total 60

Threshold Score Proposals that do not meet a minimum score of 40 points out of 60 will not be evaluated further.

Scoring Methodology Each criterion will be scored by AREA’s evaluation committee as a percentage out of 100, which will then be multiplied by the Weighting to provide a weighted score. 5.3. Stage III – Pricing Evaluation: At the conclusion of Stage II, any Proposals that have met the minimum scores and minimum overall threshold requirement will advance to Stage III – Pricing Evaluation.

Weighting Scored Criteria (Points)

Pricing 40

Scoring Methodology Each OEM will receive a percentage of the total possible points allocated to price by dividing that OEM’s price into the lowest bid price. For example, if the lowest bid price is $50,000, that OEM receives 100% of the possible points for that category ($50,000/$50,000 = 100%), a OEM who bids $100,000 receives 50% of the possible points for that category ($50,000/$100,000 = 50%) and a OEM who bids $200,000 receives 25% of the possible points for that category ($50,000/$200,000 = 25%).

Lowest price ------x Total available points = Score for Proposal with 2nd lowest price 2nd lowest price

Lowest price ------x Total available points = Score for Proposal with 3rd lowest price 3rd lowest price

5.4. Stage IV – Cumulative Score and Selection of Highest Scoring OEM At the conclusion of Stage III, each Proposal’s weighted scores will be added together, and Proposals will be ranked according to their total weighted scores. Subject to the express and implied rights of AREA, the highest scoring OEM will be selected to enter into an equipment supply agreement unless AREA wishes to proceed with interviews as per Section 5.5 below. If two or more OEMs have a close (<=5 point difference) total weighted score, or at AREA’s sole and unfettered discretion, the OEMs will be invited to participate in an interview and or provide a Best and Final Offer (BAFO).

Page 16 of 30 Stage IV – Cumulative Scores Weighting (Points)

Stage II – Rated Criteria 60 Stage III – Pricing 40 Total Points 100 5.5. Optional Stage V – Interviews/Presentations: AREA may, at its sole and unfettered discretion, or in the event of close (<=5 point difference) total weighted score between OEMs, shortlist OEMs and may invite one or more OEMs for an interview/presentation in order to further evaluate their proposal submission(s).

Any interview that takes place will be evaluated out of an additional 25 points for a revised total available proposal score of 125 points. AREA reserves the right, at its sole discretion, to adjust the initial evaluation scores up or down following the interview. 6. Other Terms & Conditions of this RFP Process: The following terms and conditions shall also apply to this RFP: 6.1. Limitation of Liability No representation, warranty or undertaking, expressed or implied, in fact or in law, is or will be made by, and no responsibility is or will be accepted by AREA in relation to this RFP. No guarantee, representation or warranty, express or implied, is made and no responsibility of any kind is accepted by AREA for the completeness or accuracy of any information presented in the RFP. 6.2. Procedural Rights of AREA AREA has the right, at its sole discretion, at any time, either before or after the deadline of submission of proposals, to:

a) Accept, reject, or disqualify any proposal or OEM; b) determine whether a proposal complies with the RFP; c) determine whether a failure to comply is material or not; d) if only one proposal is received, elect to accept it, reject it, and/or re-issue the RFP documents for re-bid without revising the existing RFP documents; e) alter or amend the RFP process, requirements, timetable, description, equipment supply or any other aspect of the RFP; f) seek clarification or request further information or documentation from any or all OEMs, or from third parties, including but not limited to AREA’s professional consultants; g) elect not to proceed with the RFP; h) cancel this RFP and subsequently call for new submissions for the subject matter of this RFP (including any portion thereof); i) select one or more than one OEM(s) for the performance of all or any part of the services that are the subject matter of the RFP; j) decline to enter a contract with any OEM if AREA is of the opinion, at its sole discretion, that the OEM submitted pricing that is too high or too low to be sustainable and/or the Page 17 of 30 delivery of services according to the RFP would be in jeopardy; and, k) cancel its decision to enter into an agreement with any OEM in the event of any material change with the respect to the OEM’s proposal that has not been approved by AREA; l) in each case without any liability for costs, expenses or damages incurred or suffered by any OEM or entity.

6.3. Disqualification AREA may, at its sole discretion, disqualify any OEM or proposal, or cancel its decision to award to any OEM under this RFP process, at any time prior to or after the execution of an agreement, if:

a) the OEM or proposal is not materially compliant with any part of this RFP;

b) the OEM fails to cooperate in any attempt by AREA to verify any information provided by the OEM in its proposal;

c) the proposal, in the opinion of AREA, contains false, misleading, or misrepresented information;

d) the proposal, in the opinion of AREA, reveals a real, foreseeable or perceivable conflict of interest;

e) the OEM has been responsible for significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts with AREA, its owners, or any other party;

f) there is evidence of professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the OEM;

g) there is evidence that the OEM, its employees, agents, contractors, or representatives colluded with one or more other OEMs or any of its respective employees, agents, contractors or representatives in the preparation or submission of proposals;

h) there is evidence that the OEM, or its officers, was convicted of a criminal offence or other serious offences; or

i) the OEM has filed for bankruptcy. 6.4. Best and Final Offer At its sole and unfettered discretion, or if two or more OEMs have close (<=5 point difference) total weighted scores, AREA may invite OEMs to provide a Best and Final Offer (BAFO). For further clarity, AREA is entitled to invite an OEM, or OEMs, to provide a BAFO at its sole and unfettered discretion, regardless if total weighted scores are close or not, in order to negotiate a contract in AREA’s best interests.

BAFOs may be useful, for example, when no single response addresses all the project requirements, when shortlisted OEMs are over budget, when two or more OEMs are virtually tied after the evaluation process, or when OEMs submitted responses that are unclear or deficient in one or more areas.

Page 18 of 30 AREA may, at its sole discretion, restrict the number of OEMs invited to submit a BAFO or may offer the option to all OEMs. In either case, AREA will provide the same information and the same submission requirements to all OEMs chosen to submit a BAFO. OEMs may be asked to review their offers or provide additional clarification to specific sections of the RFP or their proposal.

If a BAFO is requested, submitting a BAFO response is optional. OEMs choosing not to submit a BAFO should submit a written response notifying AREA that their response and pricing remains as originally submitted. A BAFO may be submitted only once and the terms of the BAFO will not identify either the current rank of any of the OEMs selected for a BAFO or the offers currently proposed. 6.5. Negotiations AREA may award a contract based on initial proposals received, without negotiations or discussion; therefore, each initial offer should contain the OEM’s best terms, information, and all required documentation.

AREA reserves the right to enter discussions and or negotiations with any OEM(s), at any time, whose proposal(s) represents the best value to AREA, at AREA’s sole discretion. If AREA and the preferred OEM(s) cannot negotiate a successful agreement, AREA may terminate the negotiations. No OEM shall have any rights against AREA arising from such negotiations. 6.6. Proposals in English: All Proposals are to be in the English language only. 6.7. Proposals to Contain All Content in Prescribed Forms: All information that OEMs wish to be evaluated must be contained within the submitted proposal. Proposals should not reference external content in other documents or websites. AREA may not consider any information which is not submitted within the proposal or within the pre-prescribed forms set-out in this RFP. 6.8. RFP Equipment Supply is an Estimate Only: While AREA has made every effort to ensure the accuracy of the equipment described in this RFP, AREA makes no guarantees as to the accuracy of the information provided. Any quantities or measurements provided are estimates only and are provided to describe the general nature and scale of the products required. OEMs must obtain all information they deem necessary, including verification of quantities or measurements to submit a complete proposal. 6.9. OEM’s Expenses: OEMs are solely responsible for their own expenses in participating in this RFP process, including costs in preparing a proposal and for subsequent finalizations of an agreement with AREA, if required. AREA will not be liable to any OEM for any claims, whether for costs, expenses, damages or losses incurred by the OEM in preparing its Proposal, loss of anticipated profit in connection with any final Contract, or any matter whatsoever, including any actual or alleged unfairness on the part of AREA at any stage of the RFP process. 6.10. Notification and Feedback to Unsuccessful OEMs: At any time up until or after the execution of a written agreement with the successful OEM, AREA may notify unsuccessful OEMs in writing that they have not been selected to proceed. Unsuccessful OEMs may then request a debriefing with AREA’s RFP Contact Person in order to Page 19 of 30 obtain feedback on how their Proposal fared in the evaluation. Such requests for feedback must be made within five (5) days of notification of the RFP results to the unsuccessful OEM. Details of feedback provided will be at AREA’s sole discretion in order to protect the confidentiality of other OEMs and AREA’s commercial interest. 6.11. Conflict of Interest: All OEMs must disclose an actual or potential conflict of interest, as set-out in Part C, Appendix A – OEM Submission Form. AREA may, at its sole discretion, disqualify any OEM from this RFP process, if it determines that the OEM’s conduct, situation, or relationships create, or could be perceived to create, a conflict of interest.

AREA may rescind or terminate an agreement if it subsequently determines that the OEM failed to declare an actual, or potential, conflict of interest during this RFP process, as required under Part C, Appendix A – OEM Submission Form. 6.12. Confidentiality of Information: Information pertaining to AREA obtained by the OEM as a result of participation in this RFP process is confidential and must not be disclosed without written consent and authorization from AREA. All OEMs and any other persons who, through this RFP process, gains access to AREA’s confidential information, are required to keep all information strictly confidential, which in any way reveals confidential business, financial or investment details, programs, strategies or plans learned through this RFP process. This requirement will continue with respect to such information learned by the successful OEM, if any, over the course of any contract or agreement which arises out this RFP process.

OEMs should note that certain details of this RFP, and any executed contract or agreement, may be made public, including but not limited to the OEM’s Name and total price.

OEMs should identify any information in its proposal, or any accompanying documentation, that was supplied in confidence and for which confidentiality is to be maintained by AREA. The confidentiality of such information will be maintained by AREA, except as otherwise required by law, or by order of a court or tribunal. OEMs are advised that their proposals may, as necessary, be disclosed on a confidential basis to advisers or consultants retained by AREA to advise or assist with the RFP process. If an OEM has any questions about the collection and use of personal information pursuant to this RFP, questions are to be submitted to the RFP Contact Person. 6.13. No Contract and No Claims: This RFP process is not intended to create a contract, and no contractual obligations whatsoever shall arise between AREA and any OEM upon an OEM’s submission of a proposal in response to this RFP.

For extra clarity, both the OEM and AREA are free to cancel their participation in this RFP process at any time up until the execution of a written contract or agreement for the equipment outlined in this RFP.

Without limiting the above paragraph, no OEM shall have any claim whatsoever against AREA for any damage or other loss resulting from a OEM’s participation in this RFP, including where AREA does not comply with any aspect of this RFP and including any claim for loss of profits or Page 20 of 30 proposal preparation costs should AREA not execute a contract or agreement with the OEM for any reason whatsoever. 6.14. Governing Law and Trade Agreements: This RFP is governed by the laws of the Province of Nova Scotia.

Part C: Proposal Submission Requirements and Appendices Part C contains forms detailing the information that OEMs should include in their proposal. Part C Contents: This Part C contains the following Appendices:

▪ Appendix A – OEM Submission Form ▪ Appendix B – Pricing Form ▪ Appendix C – Rated Criteria Form

Page 21 of 30 APPENDIX A – OEM SUBMISSION FORM APPENDIX A – OEM SUBMISSION FORM OEMs to include the details requested in this Appendix A, as detailed in Part B, The RFP Process.

1. OEM Details:

Full Legal Name of OEM:

Other Trade Names the OEM Uses:

Registered Address:

OEM Contact Person Name & Title:

Contact Person Phone No.:

Contact Person Email:

2. Certification & Acknowledgement of RFP Process: By signing this Appendix A – OEM Submission Form, we the OEM, certify and acknowledge the following: a. We have carefully read and examined this RFP document, including all Parts and Appendices, and have conducted such other investigations as were prudent and reasonable in preparing this proposal. b. We certify that the statements made in this proposal are true and submitted in good faith. c. We acknowledge and understand that the RFP process and the submission of this proposal do not give rise to any contractual obligations whatsoever between AREA and us, the OEM, and that no contractual obligations shall arise between AREA and us, the OEM, until and unless we execute a written contract or agreement with AREA. d. Except as otherwise noted below, we certify that we have not engaged in any conduct which would constitute a conflict of interest in relation to this RFP process. We understand that a conflict of interest would include the following situations: i. The OEM has an unfair advantage or engages in conduct which may give it an unfair advantage; ii. The OEM has had access to confidential information of AREA which is not available to

other OEMs to this RFP. iii. The OEM has influence over an employee of AREA who is a decision-maker involved in this RFP process, which could reasonably be perceived as giving the OEM an unfair advantage or preferential treatment.

Page 22 of 30 If the OEM is required to disclose an actual or potential Conflict of Interest, the OEM must set out the details of the actual or potential Conflict of Interest below:

3. Confirmation of Addenda Received: We confirm receipt of the following addenda that were issued by AREA up until the Closing Date and Time:

Addendum # Issued on Date:

4. Certification Signature: The OEM hereby certifies that the above statements are true and that the individual signing below has the authority to bind the OEM:

Signature of OEM Representative

Name of OEM Representative

Title of OEM Representative

Date

Page 23 of 30 APPENDIX B – PRICING FORM

1. Pricing Basis: Pricing entered shall be on the following basis: a. All prices are in Canadian dollars (CAD), or United States Dollars (USD), and inclusive of all applicable duties and taxes except HST, which shall be itemized separately where indicated. OEMs shall clearly indicate the currency in which prices are provided. b. All prices are to be quoted as freight included, Incoterms 2020 Delivered at Place (DAP). c. The successful OEM shall provide and be responsible for all costs associated with equipment, labour, materials, supplies, delivery, insurance, taxes (except applicable HST, which shall be itemized separately), site visits, travel, ancillary expenses, disbursements, overhead, and all other costs and fees necessary to deliver the Equipment in accordance with the terms of the RFP. 2. Pricing: OEMs should provide pricing for both the Base Bid and any Optional Value-Added items identified in their Proposal, as well as a rates sheet including all expected project components. The Base Bid items should be priced in accordance with the assumptions outlined in Part A, Section 2.1.

The Base Bid price will be used for the basis of comparing pricing between Proposals. The detailed cost estimates and rates sheet provided in response to this RFP will be used to carry out all work under any contract, agreement, or any additional work agreed to outside the scope in this RFP.

Unit Base Bid Extended Quantity Price Category Price ($) ($) Solar Modules $

Optional Solar Module Warranty Extension $

Per Site Visit Warranty Acceptance Sign Off $

Inverters $

Optional Inverter Warranty Extension $

Per Site Visit Warranty Acceptance Sign Off $

DC Combiner $

Optional DC Combiner Warranty Extension $

Per Site Visit Warranty Acceptance Sign Off $

Racking (Single Post, 25-Year Design Life) $

Optional 30-Year Design Life $

Optional Dual Post Design $

Per Site Visit Warranty Acceptance Sign Off $

TOTAL BASE BID PRICE ($, Excluding HST):

Page 24 of 30 Value Unit Extended Added Quantity Price Price ($) Category ($)

Describe: $

Describe: $

Describe: $

Describe: $

Describe: $

TOTAL OPTIONAL VALUE-ADDED ITEMS ($, Excluding HST):

APPENDIX C – RATED CRITERIA FORM Proposals should include the following sections in this order, with all requested details and supporting documents, either on this form or in a format of your choice. 1. OEM Profile:

In this section, please provide a brief profile of your firm, including a description of the history and areas of expertise of the firm. Provide details on annual revenue, total number of employees, annual manufacturing capacity, product and service offerings, discuss experience in relevant fields, expanse of other related experience, and strengths relevant to these assignments. Include a narrative as to why the firm is well-suited and best qualified to provide these products. Firms should provide a brief synopsis of all legal proceedings against them in the last five (5) years. If your firm has multiple locations, please identify the corporate head office and any local offices that may be involved in project delivery and coordination. ☐ Details provided below and/or ☐ Details attached

Page 25 of 30 2. Schedule & Lead Times:

In this section, please provide a schedule and lead time for the proposed equipment: a. Start and completion dates b. Shop drawing approval c. Manufacturing lead time d. Freight timeline e. COVID-19 supply chain risk mitigation strategy

☐ Schedule provided below and/or ☐ Schedule attached

Page 26 of 30 3. References & Experience: In this section, in a format like the tables below, OEMs should provide details on a minimum of five (5) projects completed in the last five (5) years for ground mount solar photovoltaics in North America or Europe which are the most relevant to the proposed products.

OEMs should note that AREA may contact the clients to provide a reference on the experience listed and may amend scoring in the evaluation based on the client’s feedback. Positive references will impact scoring positively, and poor or negative references will impact scoring negatively and may be grounds for rejection of a Proposal.

Additionally, AREA may consider information regarding the integrity and reliability of a OEM’s products and services from parties other than those provided in a OEM’s proposal, including but not limited to AREA’s consultants, other industry contacts, and AREA’s staff previous experience with the OEM.

Project Experience #1

Client Name:

Contact Name:

Contact Phone Number:

Contact Email:

Dates Work Undertaken:

Brief Description of Products and or Services OEM Provided:

Page 27 of 30

Project Experience #2

Client Name:

Contact Name:

Contact Phone Number:

Contact Email:

Dates Work Undertaken:

Brief Description of Products and or Services OEM Provided:

Project Experience #3

Client Name:

Contact Name:

Contact Phone Number:

Contact Email:

Dates Work Undertaken:

Brief Description of Products and or Services OEM Provided:

Page 28 of 30 Project Experience #4

Client Name:

Contact Name:

Contact Phone Number:

Contact Email:

Dates Work Undertaken:

Brief Description of Products and or Services OEM Provided:

Project Experience #5

Client Name:

Contact Name:

Contact Phone Number:

Contact Email:

Dates Work Undertaken:

Brief Description of Products and or Services OEM Provided:

Page 29 of 30

APPENDIX D – OEM REGISTRATION FORM

REGISTRATION FORM

SOLAR EQUIPMENT SUPPLY REQUEST FOR PROPOSALS

OEMs must complete the following Registration Form, and return it to the contact below, if they would like copies of reports and or drawings prepared by AREA’s consultants. Electronic completion of the Registration Form is highly preferred. If Registration Forms are handwritten, please ensure they are printed, not cursive, clear and legible. Note that completion of the Registration Form is not a mandatory criteria for the RFP if the OEM decides they do not need to see reports and or drawings prepared by AREA’s consultants.

OEM REGISTRATION INFORMATION

Name

Address

Website

Contact Person

Contact Title

Contact Email

Contact Phone Number

Issued by: Alternative Resource Energy Authority (AREA)

Contact Name: Sean Fleming

Email: [email protected]

RFP Issued: November 13th, 2020

Responses Due: December 14th, 2020 before 3:00pm Atlantic

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