February 23, 2018 - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18Amd.IV.pdf ·...

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Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 1 | 21 February 23, 2018 AMENDMENT NO.: IV TO INVITATION FOR MULTI-STEP BID NO.: GPA-007-18 FOR RENEWABLE ENERGY RESOURCE PHASE III Prospective Bidders are hereby notified of the following inclusions and response to inquiries received from Pacific Energy Corporation dated 11/28/17, LSIS dated 12/05/17, Wartsila dated 12/09/17, Siemens Industry Inc. dated 12/16/17, Obayashi Corporation dated 01/06/18, 01/17/18, and 01/30/18; KEPCO dated 02/02/18; LG CNS dated 02/02/18 and Opterra/Engie dated 02/07/18: INCLUSIONS: 1. Site Visit – Photos of Naval Base Guam (NBG) – see attached Attachment 1 of this Amendment contains photos taken during the Naval Base Guam Site Visit on January 24, 2018. 2. Master Lease Excerpts – see attached Attachment 2 of this Amendment contains excerpts from the Master Lease between GPA and Navy for the properties identified in this bid. The excerpts include language from Article 14-Termination, Attachment C – Environmental Condition of Property (ECP) and Attachment G – Actionable items regarding environmental protective measures relevant to bidders. Pacific Energy Corporation inquiry dated 11/28/17: QUESTION: Buy American Act 3. Will ALL products need to conform to the Buy American Act? Or only major items? ANSWER: The Buy American Act applies only to photovoltaic devices. QUESTION: 5. There has been evidence to show that in other federal procurement, Buy American Act is waived for certain conditions. For example, as below from the Federal Transit Administration (FTA):

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February 23, 2018

AMENDMENT NO.: IV

TO

INVITATION FOR MULTI-STEP BID NO.: GPA-007-18

FOR

RENEWABLE ENERGY RESOURCE PHASE III

Prospective Bidders are hereby notified of the following inclusions and response to inquiries received from Pacific Energy Corporation dated 11/28/17, LSIS dated 12/05/17, Wartsila dated 12/09/17, Siemens Industry Inc. dated 12/16/17, Obayashi Corporation dated 01/06/18, 01/17/18, and 01/30/18; KEPCO dated 02/02/18; LG CNS dated 02/02/18 and Opterra/Engie dated 02/07/18: INCLUSIONS: 1. Site Visit – Photos of Naval Base Guam (NBG) – see attached

Attachment 1 of this Amendment contains photos taken during the Naval Base Guam Site Visit on January 24, 2018.

2. Master Lease Excerpts – see attached

Attachment 2 of this Amendment contains excerpts from the Master Lease between GPA and Navy for the properties identified in this bid. The excerpts include language from Article 14-Termination, Attachment C – Environmental Condition of Property (ECP) and Attachment G – Actionable items regarding environmental protective measures relevant to bidders.

Pacific Energy Corporation inquiry dated 11/28/17: QUESTION:

Buy American Act

3. Will ALL products need to conform to the Buy American Act? Or only major items? ANSWER:

The Buy American Act applies only to photovoltaic devices. QUESTION: 5. There has been evidence to show that in other federal procurement, Buy American Act is waived

for certain conditions. For example, as below from the Federal Transit Administration (FTA):

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“FTA may waive Buy American if FTA finds that: (1) application of Buy American is inconsistent with the public interest; (2) the steel, iron, and goods produced in the U.S. are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or (3) including domestic material will increase the cost of the overall project by more than 25 percent for rolling stock. The process for seeking a waiver is set forth in 49 CFR part 661.” Referred from below website: https://www.transit.dot.gov/buyamerica

Will GPA allows such type of exemptions as long as the consortium? ANSWER: The DON does not intend to issue waivers from this requirement. LSIS inquiry dated 12/05/17: QUESTION: 1. I am working at LSIS in Korea, which does manufacture for PV inverter and ESS; and now our

company is preparing this Mult-Step bid “Renewable Energy Resource Phase III”.

Can we use our Korean PV inverter and ESS PCS, which are made in China for this project? ANSWER: The Buy American Act applies only to photovoltaic devices. Wartsila inquiry dated 12/09/17: QUESTION: 1. I have a question about confirming receipt of Amendments. Is it necessary to sign each

Amendment and return a signed copy to you or is an email confirming receipt sufficient? ANSWER: Refer to Page 15 of 501, Section 2.3 IFB Amendment. QUESTION: 2. Also, if the bidder is a partnership, Joint Venture, consortium, or other form of joint bid, is it

necessary for both entities to formally register as a potential bidder or is it sufficient if only one of the companies registers?

ANSWER: It is at the discretion of the companies of the partnership, joint venture, consortium, or other form of

joint bid. However, the primary bidder shall be identified on the Bidders Register. Siemens Industry Inc. inquiry dated 12/16/17: QUESTION: 1. Can GPA provide a technical description or stability study bode diagram explaining why ramp rate

control of 1% for both PV and energy storage is a requirement of the RFP? ANSWER: Response shall be forthcoming.

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Obayashi Corporation inquiry dated 01/06/18:

No. Page Question Response 1 Page

10 of 501

Buy American Act

➢ Buy American Act The IRB on P10 of 512 indicates ‘The renewable resources shall conform to the Buy American Act for projects located on federal lands’. The Buy American Act does not always show clearly from which maker(s) of PV panels, invertors, and energy storage system CONTRACTOR can procure. Do the following cases conform to the Buy American Act? 1 CONTRACTOR procures the PV panels made in China. 2 CONTRACTOR procures the PV panels made in US and the panel’s maker has its head quarter in China. 3 CONTRACTOR procures the PV panels made in Malaysia and the panel’s maker has its head quarter in China.

Response forthcoming.

2 Page 52 of 501

1 Overview ➢ maximum export capacity 30 MW The IFB on P52 of 512 indicates ‘The Bidder’s renewable resource project shall have a maximum export capacity 30 MW (AC) at the interconnection point; this may be the combination of several generation units at one site.’ I would like to ask you the bidder may propose the PV power development at Site No. 5 of 18 MW only.

The output capacity for projects that are exporting from the ESS may be larger than the PV System depending on the ESS inverter capability. This establishes a limit that bidders cannot exceed due to system stability issues.

3 Page 52 of 501

1. Overview

The IFB on P52 of 512 indicates as follows; 5. The ESS must provide the following functions: o The primary purpose of the ESS shall be for energy shifting which is to deliver the solar produced energy at another time or period of the day. The above description of required functions to ESS is not always clear. The other function which is noted as ‘the renewable generation ramp limit shall be 1% of the project nameplate capacity per minute’ is clear. I would like to ask you to show the numerical description of ‘energy shift’ requirements.

The primary purpose of the ESS shall be for energy shifting which is to deliver the solar produced energy at another time or period of the day. All energy delivered must be through the ESS which shall deliver energy at a firm output. GPA will dispatch energy accordingly based on the project’s maximum export capacity, stored energy and GPA’s needs.

4 Page 146 of 501

Article 8 Alternation

The IFB on P146 of 512 indicates as follows; ➢ In particular, (COMPANY) shall comply with all requirements as provided in Section 4.2, Section 7.2 and Section 8 of the Master Lease and as specified here I would like to ask you to show Section 4.2, Section 7.2 and Section 8 of the Master Lease.

Response forthcoming.

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5 The IFB on P146 of 512 - Article 8 Alternation – indicates ‘(COMPANY) will not make, or cause to be made any alterations, improvements, additions and changes in or to the premises without the prior written consent of GPA and prior written consent of Navy.’ The IFB on P496 of 512 indicates ‘6. COMPLIANCE WITH SPECIFICATIONS AND OTHER SOLICITATION REQUIREMENTS: Bidders shall comply with all specifications and other requirements of the Solicitation.’ Does the above mean the bidder need to comply with NAVFAC specifications in order to acquire the prior written consent of Navy?

Response forthcoming.

6 Page 147 of 501

Article 8 Alternation

UXO

6a I would like to ask you to indicate Navy rule(s) that CONTRACTOR needs to follow, before the commencement of excavation, to acquire the prior written approval of Navy. It seems the procedure for CONTRCTOR to follow before the excavation have been varied as times pass-by. Your indication of most recent procedure approved by Navy could be appreciated.

Navy has provided the following process for Unexploded Ordinance guidance:

• Unexploded Ordnance (UXO) and other Munitions and Explosives of Concern (MEC) may be present at this site. Any subsurface excavation, digging, drilling or other disturbance of the surface requires prior written approval of Navy and shall be done in compliance with all applicable Federal, state, and local laws and regulations and with Department of Defense and Department of the Navy safety policies.

• Lessee shall comply with the following conditions, including, but not limited to:

- Provide minimum seven (7) days notification of intrusive activities;

- Reasonable consideration of alternate work schedules to minimize vehicular and

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pedestrian traffic exposure;

- If MEC/UXO encountered on DON land, conduct “3Rs”: Recognize, Retreat and Report for all on-site personnel;

- Confer immediately with CJRM Regional Explosives Safety Officer to determine scope of investigation and requisite response action

6b

CONTRACTOR will not be able to foresee the location and the amount of the buried materials until the ground-surface is scanned. The buried materials may be found at the final layer scanned. If found, CONTRCTOR needs to continue the scan for further depth. It will affect the cost and the construction period. Will CONTRACTOR be able to negotiate with GPA to increase the bid price in case UXO issues heavily impact the cost and timely completion?

Response forthcoming.

7 Page 485 of 501

Following NAVFAC specifications

The IFB on P485 of 512 indicates as follows; PART 1 - QUAL SUPPORT REFERENCES ➢ B2-c. Provide the technical specifications and other information available for the generators included in the proposal NAVFAC specifications require high-level requirements; i.e. the design wind speed is higher than that of the regular case. PV panels need to be designed and manufactured on NAVFAC wind-speed. Will GPA reject the technical proposal if the proposed specification does not meet the NAFVAC requirements or accept it with lowering the score of evaluation scoresheet?

Response forthcoming.

8 Page N.A.

Time extension

In order to select PV panels, invertors, ESS, etc. to meet NAVFAC requirements and to follow the Buy American Act, we need more time before the technical proposal. I would like to ask you to extend the cut-off date for receipt of technical proposal more than 1 month.

Please see revised bid schedule in Amendment #3.

9

Page N.A.

GPA decision or Navy decision

The decision maker: GPA or Navy Once the technical, legal, environmental and/or contractual issues are raised, which of GPA or Navy makes the final decision? Will CONTRACTOR be able to proceed once GPA or Navy makes the decision?

GPA and Navy are partners in this effort. As a lessee and sub lessee, GPA and selected bidder will need to comply with Navy requirements as part of the lease agreement. Construction activities will require Navy approval. This may involve

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Obayashi Corporation inquiry dated 01/17/18:

No Page Clause Question Response 1 Page

36 of 501

5.16. Payment Milestones and Schedule

The IFB indicates as follows; Payment milestones have been selected to clearly identify the actual status of the portion of the Work completed rather than anticipated project progress schedules It seems the above payment procedure is applied to the construction work done. Could we understand the payment to be applied for Phase 3 is based on the product of power-output and the contracted power-purchase-price?

This contract shall be paid based on energy delivered and the bid energy price. No construction payments are to be made as GPA does not own this facility.

2 Page 38 of 501

5.17.2. Delivery Time and Force Majeure

The IFB indicates as follows; (2nd para. 2nd

line) No amendment to the Contract Price, however, shall be allowable because of Force Majeure occurrences. Could we request the above is changed as follows; Amendment to the Contract Price may be allowable because of Force Majeure occurrences, depending on the severity of damages.

Response forthcoming.

3 Page 55 of 501

2.2.4. Use of GPA Facilities

GPA shows 6 sites in Table 2. South Finegayan site was once canceled by Government of Guam (see P 476 of 501). However, it was selected by NAVFAC (see P233 of 501 3rd para: After fully considering the comment, DoN determined that ---) Could we understand the reason which was raised by GOG to cancel has been rifted and South Finegayan site will be used for PV power development for the period of 20 to 30 years?

The document cited further explains in the paragraphs following as to reasoning and justification as it “supports existing energy security and mission needs of NBG and AAFB.”

4 Page 57 of 501

2.4 Delivery (last para. 1st line) The IFB indicates as follows; Bidder shall provide bidder’s methodology of how to measure the power and energy output at the point of interconnection including output of renewable generation plant. This is for GPA to inspect and verify bidder’s energy storage system performance. I would like to ask your further clarification of methodology requested in order for GPA to

GPA would like the bidders to discuss how the ESS would perform to deliver as requested by GPA dispatcher. GPA expects all energy delivered from proposed projects to be firm power. Projected stored energy and discharge capacity must be described.

environmental and technical discussions. Contractual issues would mainly be GPA unless it is related to the lease or sublease of the properties.

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inspect and verify the ESS performance.

5 Page 62 of 501

2.4.3. Substation Short Circuit Capacity Values

I would like to ask you up to how many more MW Orote and Harmon substation can accept the power developed by the new PV power stations from sites of Phase 3.

Response forthcoming.

Orote Substation and Harmon Substation

I would like to ask you to give us the latest as-built drawings and specification of Orote and Harmon substations in order for us to estimate the cost required for up-grading the above substations. The above as-built drawings and specifications include, but not limited to, architectural, structural, and control ones. I understand the above cost estimate will be done by GPA and GPA’s appointed consultant. However, we need the above items in order for us to prepare for the contingency amount.

6 Page 63 of 501

2.4.4 System Integration Study

(3rd para. #4) The IFB indicates as follows; 4. The developer must supply PSLF modeling information, and EMT modeling information (such as in EMTP-RV or PSCAD format) I would like to ask you to explain EMTP-RV or PSCAD format or show us the reference material to understand the format.

Response forthcoming.

7 Page 83 of 501

1.37 “Excused Hours” Dispatch Down (as defined in

(line 1.37) The IFB indicates as follows;

Appendix K) 1.37 “Excused Hours” means the hours in the applicable Production Measurement Period in which (i) Seller or Buyer has declared Force Majeure, (ii) Seller has initiated a Dispatch Down (as defined in Appendix K), I understand Appendix K you are mentioning is on Page 141 of 501. However, Page 141 indicates Calculation of Weather Hours. I would like to ask you which page we will refer for the definition of Dispatch Down.

GPA defines dispatch down in page 134 of 501: “Buyer shall pay Seller, on the date payment would otherwise be due in respect of the day in which any curtailment is initiated by GPA for reasons other than Force Majeure or Seller Event of Default (“Dispatch Down”),

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8

Page 94 of 501

4.5 Seller's and Buyer's Obligations

(1st para. Line 9) The IFB indicates as follows; if Seller’s damages are less than $10,000 then Seller’s remedies shall be as set forth in Appendix K. Appendix K of Page 141 of 501 shows Calculation of Weather Hours. I would like to ask you to show which Appendix we need to refer for this clause.

Page 134 of 501 of the original bid document, “CALCULATION OF CURTAILED AMOUNT DUE TO GPA DISPATCH DOWN”, describes process for Seller recovery. GPA may evaluate alternate process during contract negotiations with selected bidder or bidders.

9 Page 96 of 501

4.11 Force Majeure

(1st para. Line 8) If the Force Majeure event extends for three hundred and sixty-five (365) days I would like to ask you to change the above as follows; If the non-business situation forced by the Force Majeure event extends for three hundred and sixty-five (365) days This is because ‘non-business’ forced by the said event gives the developer much more severe damage to continuation of the business.

Response forthcoming.

10

Page 125 of 501

1.3.2 Evaluation of Performance Verification

The IFB indicates as follows;

Response forthcoming.

I imagine the above formula should have been as follows; I would like to ask your clarification on the above formula.

11 Page 127 of

501

APPENDIX D INDEPENDENT ENGINEER

I would like to ask you to indicate the responsibility and authority of the Independent Engineer.

GPA requires certification by a third party Independent Engineer of the facility and its capability and conformance to the Interconnection Agreement prior to Commercial Operation. Please refer to Section 4.1 in page 91 of 501 of the original bid document.

12 Page 141 of

501

CALCULATION OF WEATHER HOURS

(1st para. Line 2) The IFB indicates as follows; provided in bid Amendment 2 (the “Expected Historical Production”) I would like to ask you to prepare for Amendment 2, which is yet to be shown on GPA web site as of Jan. 17, 2018.

File “WeatherBankPGUM_2004-PRES_solardataMSGPA-070-16AMDII.xlsx” to be uploaded

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13 Page 149 of

501

ARTICLE 13 SUBLEASE SUBJECT TO MASTER LEASE

(1st para. Line 5) GPA and (COMPANY) understand and agree that the Navy has not approved, consented or agreed to the terms of the PPA and is not bound thereby I would like to ask your confirmation that Navy may comment on PPA and may ask the developer to alter his/her performance or obligation described in PPA.

Response forthcoming.

14

Page 169 of

501

C2. Dispatchability (3)

C. POWER PRODUCT CHARACTERISTICS C2. Dispatchability (3) - Proposals not capable of energy shifting total daily solar generated energy shall be disqualified. I would like to ask your clarification of ‘total daily solar generated energy’. Would it mean the developer will charge all the energy generated during the daytime into the ESS and discharge them afterward? If so, I am afraid the energy generation of one day will be zero.

This requirement is to ensure that all projects shall have ESS capability to store and deliver the energy produced by Solar PV. It is not requiring production and delivery daily as this is dependent on the weather.

15 Page 325 of 501

Letter from DPR of GOG to NAVFAC Archeological inventory survey and subsurface testing

The letter issued by Government of Guam (‘GOG’) to NAVFAC dated on June 5 2015 indicates GOG was not able to concur with NAVFAC determination based on the Draft Archaeological Inventory Survey and Subsurface Testing at Multiple Locations in Support of Navy Renewable Energy Projects on Guam report. Further, the letter issued by GOG to NAVFAC on July 24 2015, page 326 of 501, indicates many concerns and unacceptance of NAVFAC draft (see Page 330 of 501). NAVFAC, on the other hand, replied to GPA by issuing the letter dated on Aug 13, 2015, page 332 of 501, stating that ‘when we did not receive correspondence from your office within the extended review period, we were forced to act on our determination of No Historic Properties Affected, which we are confident is correct’. I would like to ask your clarification of the existence of historical properties in sites of Phase 3. Could I understand the possibility for the developer to encounter the historical properties during the period of construction is quite small? Or, is it mandatory for the developer and required by GPA and NAVFAC

Response forthcoming.

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to conduct the archeological inventory survey before the construction starts?

17 Page N.A.

Time Extension for technical proposal submission

In order to understand the technical requirement of ESS such as ’energy shift of solar power to another time’ and ‘energy shifting total daily solar generated energy’, and further, in order to look for the vender who meets the above requirements, I would like to ask you to extend the cut-off date for receipt of technical proposal more than 1 month.

Please see revised bid schedule in Amendment #3.

Obayashi Corporation inquiry dated 01/30/18: No Page Clause Question Response 1

Page 52 of 501

1. Overview The IFB on P52 of 512 indicates as follows; 5. The ESS must provide the following functions: o The primary purpose of the ESS shall be for energy shifting which is to deliver the solar produced energy at another time or period of the day.

Page 169 of 501

C2. Dispatchability (3)

The IFB on P169 of 512 indicates as follows; C. POWER PRODUCT CHARACTERISTICS C2. Dispatchability (3) - Proposals not capable of energy shifting total daily solar generated energy shall be disqualified.

[Question 1] Could I understand ‘total daily solar generated energy’ is equivalent to the quotient of annual minimum guaranteed output divided by 365? The generated energy becomes more in summer and less in winter. If the ESS has the capacity to save the maximum one-day generated output per year, the capacity is too much. I understand the capacity to save the average one-day generated output per year will be sufficient. However, I need the clear definition of ‘total daily solar generated energy’.

GPA requires for energy to be delivered at night due to its restriction in receiving additional renewable energy during the daytime. Thus, bidders must design for a PV and ESS system that will collect the energy for delivery after the energy production period or at evening/nighttime.

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2-2

[Question 2]

Apart from Question 1 of the above, will you accept the following control concept as per your requirement of ‘energy shifting total daily solar generated energy’? Time zone 1: generation output not to be decreased while the aggregate demand is heavily increasing Time zone 2: generation output not be fluctuated while the aggregate demand is heavily fluctuated Time zone 3: generation output not to be increased while the aggregate demand is heavily decreasing Time zones are to be defined by GPA. The above concept comes from the requirement of Hokkaido Electric Power Company in Japan, asking the wind power developer to follow. The said requirement is noted below. (1) 7:00 to 10:00 generation output not to be decreased (2) 11:30 to 13:30 generation output not to be fluctuated (3) 16:00 to 19:00 generation output not to be decreased (4) 20:00 to 23:00 generation output not be increased The same figure enlarged is shown after this table.

GPA requires for energy to be delivered at night due to its restriction in receiving additional renewable energy during the daytime. Thus, bidders must design for a PV and ESS system that will collect the energy for delivery after the energy production period or at evening/nighttime.

2-3

[Question 3]

The ESS capacity shall be determined by taking into account of deterioration. The level and speed of deterioration depends on how the ESS is operated. Will GPA instruct the developer to save the total energy generated every day, or to save 80% of it, for example, and shift the same amount to night, or not to save at all sometimes? I like to understand the frequency and saving amount of the above instruction.

Bidders will have to make this consideration when determining their energy guarantees. GPA will still require delivery of energy within the contract year. The bidders have to determine degradation or incorporate upgrades/replacements within their contract term as part of their price bid.

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Page N.A.

Time Extension for technical proposal submission

In order to understand the technical requirement of ESS such as ’energy shift of solar power to another time’ and ‘energy shifting total daily solar generated energy’, and further, in order to look for the vender who meets the above requirements, I would like to ask you to extend the cut-off date for receipt of technical proposal more than 1 month.

Please see revised bid schedule in Amendment #3.

KEPCO inquiry dated 02/02/18:

No. Category RFP page RFP article Question

1 Volume I 9 of 501

The Bidder's renewable resource project will have a maximum export capacity of 30MW(AC);

RFP stated that a maximum export capacity of 30 MW (AC) while 40MW of renewable capacity with Energy Storage System. Does it mean that one site (total 2 sites) can export 30MW?

This is the limit of ESS discharge capacity into the grid. Since the energy of the PV is stored the export can be larger than the PV system and delivered at a shorter time. This is dependent on the size of your inverter and interconnection design.

2 Volume I 10 of 501

The renewable resources shall conform to the Buy American Act for projects located on federal lands.

Please give us clear guidelines and instructions as to the applicability and scope of Buy American Act in this Guam Renewable Phase III Bid and any exemptions or waiver under FTA.

The Buy American Act applies only to photovoltaic devices. The Buy American Act applies only to photovoltaic devices.

3 Volume I 10 of 501

The renewable resources shall conform to the Buy American Act for projects located on federal lands.

As for modules and cells, would Safe Guard be applied to this Guam Renewable Phase III Bid?

Response forthcoming.

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4 Volume I 62 of 501 34.5kV Breakers, Outdoor: SF5 Breakers

RFP states outdoor breakers should be SF6. This is a chemical that is not very environmentally friendly, can we suggest with an alternate but functionally equivalent design?

Response forthcoming.

5 Volume III

146 of 501

SUBLEASE Article 4 Rent

How much is the estimated lease fee per year?

Response forthcoming.

6

Amendment No I

163g and 163h of 501

South Finegayan Site Update Please note that GPA is requiring a 50-foot setback (10 foot additional setback as requested by GWA) along the sewer pipeline route and bidders shall reflect this in their proposals.

In case of Finegayan, GWA will construct Sewer line. Can we install underground line or overhead line to connect PV components on sewer line?

The Sewer Line exists however GWA has notified GPA that a bypass line will be constructed above ground while the existing pipe is being sleeved. So no activity shall be allowed on the setback area as it is also a road access for GWA and its contractors vehicles and equipment. GPA will evaluate overhead request.

7 Amendment No II

Attachment 1

Naval Base Guam Sites, Draft Survey Drawings

Can we install overhead transmission line in Naval Base to connect PV site? And, can you clarify interconnection point is one or two with existing transmission line.

Response forthcoming.

8

Pre-Bid Conferen

ce Handout Volume IV : Bid Scoring

Mechanism

Bidders must also provide a price bid for each project site using the Price Proposed.

Does this mean Bidder can propose each different prices for Naval Base Guam Project and S. Finegayan Project?

Yes. The S. Finegayan site and the Naval Base Guam sites are considered two different projects and bidders are allowed to bid on one if so desired. Technical and price proposals must be submitted separately for each project site.

9

Pre-Bid Conference

Handout DON Real Estate -

Overview : 8.

TERMINATION

TERMINATION-Master Lease Language [14.2 National Emergency, 14.4 Sale or Transfer of the Property, 14.5 Federal Requirement]

Are there articles for termination payment, relief and indemnification regarding Master Lease Termination?

Please see #2 of this Amendment for Master Lease excerpts.

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LG CNS inquiry dated 02/02/18:

No. Category RFP Page RFP article Question

1 Volume I 10 of 501

The renewable resources shall be installed on predetermined sites GPA has leased from the U.S. Department of Navy on Guam military sites and would require successful bidders to enter into a sublease agreement with GPA subject to approval by the U.S. Department of Navy.

Q) How much is the cost of sublease per year? Q) Is it necessary to pay the sublease for any specific site among the four sites on the naval base where we don't want to use?

Response forthcoming.

2 Volume I 10 of 501

The renewable resources shall conform to the Buy American Act for projects located on federal lands.

Q) Will every kinds of products be needed to conform with the Buy American Act? Or only major items? Q) Regarding a recent Safeguard issues on solar panels, is the Safeguard applied to Guam as well?

(Q1) The Buy American Act applies only to photovoltaic devices. (Q2) Response forthcoming.

3 Volume I 13 of 501

1.2.4. Historical Renewable Data

Q) Could you kindly provide us with the last 10 years historical solar irradiation hourly data in GUAM?

GPA shall load up weather data from January 2004 through September 17, 2013. Filename: “WeatherBankPGUM_2004-PRES_solardataMSGPA-070-16AMDII.xlsx”

4 Volume I 27 of 501

Bidders shall fill out the Major Shareholders Disclosure Affidavit form in Appendix C and submit it with their bids

Q) Is is possible for bidders to add or change major shareholders after technical proposal? Also, Is is okay for bidders to provide their equipment (ex. PV panel or Battery) for other bidders while submitting their own proposal?

Response forthcoming.

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5

Volume I

58 of 501

2.4.1.1 Site Interconnection Discussions

Q) At what AC capacity would we need to interconnect to the existing 34.5KV transmission system both in Naval Base Guam project and S.Finegayan? Q) According to Figure 2- Naval Base Guam Sites Interconnection, there are two substations (CDF site, Commissary site). As far as we know, the substation of the CDF is newly constructed. Is the substation of the Commissary site new or existing substation? Q) Could you kindly describe the transmission lines between Orote Substation and Apra Substation?

(Q1) GPA limits the interconnection capacity to 30MW at each of the project sites. This is the limit of the ESS capacity to discharge the energy it has stored from the PV. (Q2) There are no existing substations at either the CDF or Commissary lots in the Naval Base Guam site. GPA suggests interconnection to the existing 34.5KV overhead line that runs past these lots. Selected bidder will be required to build a substation for interconnection, via a loop system, into the grid via the existing transmission line. (Q3) Response forthcoming.

6 APPENDIX P

238 of 501

The PV sites would be contained within an 8-foot-high perimeter fence to restrict access and ensure security ~~~

Q) Do we have to comply with the 20 feet perimeter road described in the Environmental Assessment for photovoltaic system? We think that the 20 feet perimeter road is too wide. And also 8-feet-high perimeter fence is higher than normal one.

Response forthcoming.

7 Amendment No I, II

- - Q) We would like to request the CAD file for Survey Drawings for both Naval Base Sites and South Finegayan Site.

Response forthcoming.

8 Amendment No I, II

- - Q) We would like to request Topographic Survey Drawings including ground elevation data.

This information is not available from GPA or Navy.

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9

Amendment No I, II

-

-

Q) There are many of existing U/G facilities (Hydrant with bollard, Electric Manhole, Storm Drain Manhole etc.) in the Survey Drawings and it was identified during Site Visit. Bidder undertstand that all of the existing U/G facilities can be removed. Please let us know which items need to be demolished and which items should be retained. Also, we would like to request Existing Underground Utilitiy Map drawings.

Response forthcoming.

10 - - - Q) We would like to request the Geotechnical Investigation Report. If there is no Geotechnical Investigation Report, we would like to request a report of the adjacent locations.

Response forthcoming.

11 Volume II, Amendment No II

58 of 501

- Q) We checked site boundary coordinates by using Google Earth and found some discrepancy between IFB Site Boundary and Survey Drawing for Existing 250KV PV Site. Connecting the coordinates of the drawings caused interference with existing facilities. (See Attachment) Please confirm the site boundary and coordinates.

Response forthcoming.

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12 Amendment No II

- Q) There are 5 CPPs (Concrete Power Pole) located in the Commissary site Project boundary. (See Attachment) Please confirm the CPP location or site boundary coordinates.

Response forthcoming.

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13

Amendment No I

163g and 163h of 501

South Finegayan Site Update Please note that GPA is requiring a 50-foot setback (10 foot additional setback as requested by GWA) along the sewer pipeline route and bidders shall reflect this in their proposals.

Q) We found that the South Finegayan Site is divided by GWA Sewer Easement and setback, and therefore we understand that it is required to install overhead power line. Please let us know bidder's understanding is correct or not.

GPA is evaluating overhead line request.

14 - - - Q) We found that the Stormwater drainage corridor located in the South Finegayan Site. (See Attachment) We understand that it can be reclaimed to install PV Panels. Please let us know bidder's understanding is correct or not.

Response forthcoming.

15 Pre-bid

conference ~~ deliver energy

during or around peak period (~6PM - 10PM)

Q) Could we deliver energy only for the peak period of time (6PM - 10PM) or after 10PM including the peak period?

GPA will dispatch energy as required based on delivery capacity (ESS discharge) and energy stored to receive all energy stored for that production day. This may be within 6PM to 10PM or longer.

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Opterra/Engie inquiry dated 02/07/18:

# Document Ref. Question / Clarification Requested Response 1 Invitation for Bid Since this project is on federal property, with roughly

half of the available land located on NBG, will the Department of Defense (DOD) require the facility design to be in accordance with the Unified Facilities Criteria (UFC) or any other specific Federal, Navy or DoD design codes and standards that are to be complied?

Response forthcoming.

2 Pre-Bid Conference

Does GPA consider this IFB to cover 2 separate and distinct sites (S. Finegayan & NBG)? If so are bidders required to submit 2 separate bids and 2 separate bid bonds? Is it mandatory to supply a bid for both sites?

The S. Finegayan site and the Naval Base Guam sites are considered two different projects and bidders are allowed to bid on one if so desired. Technical and price proposals must be submitted separately for each project site. GPA will consider the bid bond requirement and respond in subsequent amendment.

3 Pre-Bid Conference

There was a verbal statement made that all energy produced by the PV systems will be required to be stored in the ESS and shifted to peak demand hours. Will you please clarify GPA's system requirements.

GPA requires for energy to be delivered at night due to its restriction in receiving additional renewable energy during the daytime. Thus, bidders must design for a PV and ESS system that will collect the energy for delivery after the energy production period or at evening/nighttime. However, GPA may dispatch the plant’s energy during the day if and only when the system is capable to receive energy without causing system stability issues (i.e. other renewable plants are offline, isolated system, increased load demands, etc.)

4 Pre-Bid Conference

If all energy produced will be stored until peak demand, will there be any protocols required or desired to allow GPA to dispatch the energy during PV production hours? How will this component be evaluated in the Technical Proposal review?

GPA requires the PV and ESS system to design for peak or nighttime delivery. The PV and ESS system shall be capable of delivery during production hours. Bidders shall provide description of energy dispatching capabilities and restrictions.

5 Pre-Bid Conference

DON stated the purpose of the Master Lease with GPA is "Microgrid capable renewable energy generation, storage and distribution to the GPA grid." What are the microgrid capable requirements of the system?

The PV and ESS features from this bid well as the point of interconnection for these projects helps to satisfy the purpose of the lease.

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6

Pre-Bid

Conference

Does any microgrid requirement need to follow NAVFAC's Microgrid Design Guide (P-601) and/or P-602?

Response forthcoming.

7 Pre-Bid Conference

What risk management framework and / or cybersecurity requirements are to be followed for compliance?

Response forthcoming.

8 Pre-Bid Conference

DON stated due to MEC/UXO, any subsurface disturbance shall be done in compliance with all applicable laws, regulations, as well as DOD & DON safety policies. The safety policies relating to MEC for military projects on federal property on Guam are substantial and add significant time and cost to a project. Will the specifications and requirements for these polices be provided in order to ensure proper resources are allocated to this effort?

Response forthcoming.

9 Pre-Bid Conference

In following all applicable laws, regulations, as well as DOD & DON safety policies, will the successful bidder be required to follow the requirements of the EM 385-1-1 (US Army Corps of Engineers Safety and Health Requirements Manual) which has been adapted by the Navy?

Response forthcoming.

10 Pre-Bid Site Visits

The S. Finegayan site was a former military housing area. While a single active sewer line is identified on the plans with a right-of-way description, there is no description of any of the utilities abandoned in place in the neighborhoods (e.g. sanitary sewer, water, storm drain, electrical, telecon/fiber optics, etc). Will you please provide detailed plans indicating the locations of these utilities, as their size, number, and locations may significantly affect the design requirements for the PV mounting system if these cannot be disturbed (or must be returned to their current existing condition at the end of the lease).

Response forthcoming.

11 Pre-Bid Site Visits

On NBG at the existing PV site location (one of four sub-sites on NBG designated for this bid), there were at least 3 large concrete slabs verbally described as areas where cleaning chemicals may have been stored and minimal soil disturbance may be allowed. Will you please include details of these locations on a set of plans (exact delineation of area of concern) and list any restrictions on use there.

Response forthcoming. Please refer to Item 2 of this amendment which includes excerpts from the Master Lease.

12 Pre-Bid Site Visits

On NBG at the existing PV site location (one of four sub-sites on NBG designated for this bid), a statement was made that road access to the existing, fenced PV site would need to provided. The existing site would otherwise be potentially isolated/surrounded by the new installation of PV. Will you please provide the exact requirements for this access road such as dimensions and whether it is allowed to tie into Marine Corps Drive or must tie in from Shoreline Dr.

Response forthcoming.

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ATTACHMENT 1 Naval Base Guam Site Visit Photos

January 24, 2018

GPA Multi Step Bid No. GPA-007-18

Renewable Energy Resource Phase III

AMENDMENT #4

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GPA PV Site Visit: January 24, 2018 Page 2

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 3

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 4

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 5

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 6

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 7

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 8

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 9

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 10

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 11

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 12

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 13

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 14

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 15

Existing PV Site

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GPA PV Site Visit: January 24, 2018 Page 16

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 17

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 18

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 19

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 20

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 21

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 22

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 23

CDF Site

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GPA PV Site Visit: January 24, 2018 Page 24

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 25

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 26

WWTP SITE

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GPA PV Site Visit: January 24, 2018 Page 27

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 28

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 29

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 30

WWTP Site

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GPA PV Site Visit: January 24, 2018 Page 31

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 32

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 33

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 34

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 35

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 36

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 37

Marine Corp Drive and Sumay Drive junction.

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GPA PV Site Visit: January 24, 2018 Page 38

Marine Corp Drive and Sumay Drive junction.

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GPA PV Site Visit: January 24, 2018 Page 39

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 40

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 41

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 42

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 43

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 44

Commissary Site

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GPA PV Site Visit: January 24, 2018 Page 45

Commissary Site

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ATTACHMENT 2 Master Lease Excerpts

Article

Article 14 – Termination

Attachment C (Master Lease) - Environmental Condition

of Property (ECP)

Attachment G – Actionable items regarding

environmental protective measures relevant to bidders

GPA Multi Step Bid No. GPA-007-18

Renewable Energy Resource Phase

III AMENDMENT #4

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Article 14 TERMINATION – Master Lease Language (excerpt)

14.2 National Emergency. the event of a national emergency declared by the

president or the congress, Government may terminate this Lease immediately,

without notice to Lessee.

14.4 Sale or Transfer of the Property. If Government elects to sell or transfer

title to the Leased Premises during the term of this Lease, Government may

terminate this Lease upon ninety (90) days’ written notice to Lessee.

14.5 Federal Requirement. In the event all or any part of the Leased Premises is

required for Federal use, or if Lessee's use of it is not consistent with Federal

program purposes, Government may terminate the Lease, or any needed part of

the Leased Premises, if it is practical to terminate a part, upon ninety (90) days'

written notice to Lessee.

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Attachment C (Master Lease) - Environmental Condition of

Property (ECP)

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Attachment G – Actionable items regarding environmental

protective measures relevant to bidders

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