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Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 1 | 5 January 18, 2018 AMENDMENT NO.: II TO INVITATION FOR MULTI-STEP BID NO.: GPA-007-18 FOR RENEWABLE ENERGY RESOURCE PHASE III Prospective Bidders are hereby notified of the following changes and response to inquiries received from Pacific Energy Corporation dated 11/28/17, Siemens Industry Inc. dated 12/02/17, LSIS dated 12/04/17; Doosan Heavy Industries and Construction Co., Ltd. dated 12/05/17; Siemens Industry Inc. dated 12/16/17; Dongkuk Pacific LLC dated 12/15/17; and TESLA dated 12/19/17: CHANGES: 1. PRE-BID CONFERENCE AND SITE VISIT REMINDER: Bidders are reminded that GPA will hold a Pre-Bid Conference on January 23 at 9:00 A.M. in the GPA Procurement Office. In addition, GPA has scheduled the following site visits: Site visit for the South Finegayan Site on Route 3 will be on January 23 at 1:00 P.M. Site Visit 2 on Naval Base Guam will be on January 24 at 9:00AM. NOTE: Only those who have submitted and obtained approval for their Security Access Applications and who have paid the transportation fee will be allowed on the GPA provided transportation. Those who have Military Base access otherwise can meet GPA at the site. Instructions for site visit meeting points will be provided during the Pre-Bid Conference. 2. TRANSPORATION FEE DEADLINE: The Transportation Fee for those who have submitted and obtained approval for Naval Base Guam access are required to pay the $10.00 fee before 5:00PM on Monday, January 22 at the Guam Power Authority Mangilao office. Inquiries on payment must be made at the Procurement Office, see Dawn Fejeran to obtain the payment invoice/receipt. Pacific Energy Corporation inquiry dated 11/28/17: QUESTION: 1. We have noticed multiple cases where Buy American Act will allow manufacturer in countries under the “North America Free Trade Agreement” (NAFTA). Will GPA allow NAFTA countries to qualify as conforming?

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Page 1: January 18, 2018 - GPA - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18-Amd.II.pdf · GPA BID No.: GPA-007-18 Renewable Energy Resource – Phase III . AMENDMENT

Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 1 | 5

January 18, 2018

AMENDMENT NO.: II

TO

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

FOR

RENEWABLE ENERGY RESOURCE PHASE III

Prospective Bidders are hereby notified of the following changes and response to inquiries received from Pacific Energy Corporation dated 11/28/17, Siemens Industry Inc. dated 12/02/17, LSIS dated 12/04/17; Doosan Heavy Industries and Construction Co., Ltd. dated 12/05/17; Siemens Industry Inc. dated 12/16/17; Dongkuk Pacific LLC dated 12/15/17; and TESLA dated 12/19/17: CHANGES:

1. PRE-BID CONFERENCE AND SITE VISIT REMINDER: Bidders are reminded that GPA will hold a Pre-Bid Conference on January 23 at 9:00 A.M. in the GPA Procurement Office. In addition, GPA has scheduled the following site visits:

• Site visit for the South Finegayan Site on Route 3 will be on January 23 at 1:00 P.M. • Site Visit 2 on Naval Base Guam will be on January 24 at 9:00AM. NOTE: Only those

who have submitted and obtained approval for their Security Access Applications and who have paid the transportation fee will be allowed on the GPA provided transportation. Those who have Military Base access otherwise can meet GPA at the site.

Instructions for site visit meeting points will be provided during the Pre-Bid Conference.

2. TRANSPORATION FEE DEADLINE: The Transportation Fee for those who have submitted and obtained approval for Naval Base Guam access are required to pay the $10.00 fee before 5:00PM on Monday, January 22 at the Guam Power Authority Mangilao office. Inquiries on payment must be made at the Procurement Office, see Dawn Fejeran to obtain the payment invoice/receipt.

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

1. We have noticed multiple cases where Buy American Act will allow manufacturer in countries under the “North America Free Trade Agreement” (NAFTA). Will GPA allow NAFTA countries to qualify as conforming?

Page 2: January 18, 2018 - GPA - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18-Amd.II.pdf · GPA BID No.: GPA-007-18 Renewable Energy Resource – Phase III . AMENDMENT

Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 2 | 5

ANSWER:

Section 858 of Public Law 113-291 (2015 National Defense Authorization Act, "NDAA") provides that Department of Defense covered contracts must include a provision requiring any photovoltaic device installed under the contract be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, subject to exceptions provided in the Trade Agreements Act ("TAA") of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.

The current lease and any sub-lease qualify as covered contracts under Section 858. DoD has published in the Defense Federal Acquisition Regulation Supplement (DFARS) implementing regulations that assist in determining whether a TAA exception may exist for a given foreign point of origin. While not published with real estate transactions in mind, the guidance is nonetheless instructive as you make your sourcing decisions. The relevant provisions can be found at 48 C.F.R. Section 225.7017; 48 C.F.R. Section 252.225-7017; and 48 C.F.R. Section 252.225-7018.

QUESTION:

2. What type of documentation will need to be presented for proof of conforming to Buy American Act?

ANSWER: The Lessee must submit 50%, 90%, 100% and as-built design drawings, including full

specifications and manufacturing origin, to the DON for review prior to commencing construction. QUESTION:

3. Will All products need to conform to the Buy American Act? Or only major items? ANSWER: To be provided later. GPA is confirming energy storage applicability. QUESTION:

4. If a majority (more than 50%) of the equity in the consortium is owned by a U.S. firm, then will this qualify as conforming to the Buy American Act?

ANSWER: The current lease and any sub-lease qualify as covered contracts under Section 858. DoD has

published in the Defense Federal Acquisition Regulation Supplement (DFARS) implementing regulations that assist in determining whether a TAA exception may exist for a given foreign point of origin. While not published with real estate transactions in mind, the guidance is nonetheless instructive as you make your sourcing decisions. The relevant provisions can be found at 48 C.F.R. Section 225.7017; 48 C.F.R. Section 252.225-7017; and 48 C.F.R. Section 252.225-7018.

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): “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 of 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 allow such type of exemptions as long as the consortium?

Page 3: January 18, 2018 - GPA - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18-Amd.II.pdf · GPA BID No.: GPA-007-18 Renewable Energy Resource – Phase III . AMENDMENT

Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 3 | 5

ANSWER: Response shall be forthcoming. QUESTION:

6. Can GPA send GPA coordinates or LOT numbers or Google KML files that outline each location? ANSWER: Refer to Attachment 1 as it contains the draft survey documents for the Naval Base Guam sites.

The documents are subject to change but provide general description of areas under this bid. Amendment #1 provided the final survey documents for the South Finegayan site.

QUESTION:

7. How many minimum MWh will ESS capacity need to be able to store and discharge? ANSWER: All energy produced by the renewable facility must be stored to be dispatched at night or other than

the PV production period. QUESTION:

8. Will there be a minimum percentage of the daily energy produced that will need to be stored within a 24-hour time period?

ANSWER: The energy will be limited by the space provided from the offered sites. The bidder shall propose

the total amount of energy to be produced on the site(s) within the properties offered. The energy storage system and substations will also need to be considered in final layouts as there is no additional property for these.

QUESTION:

9. Will there be an acceptable maximum percentage of loss between stored energy and discharged energy?

ANSWER: GPA metering point will be after the energy storage. Losses from energy storage are burdened by

bidder. QUESTION:

10. Will there be specific penalties for not being able to store the minimum percentage? If so, how will the penalties be calculated?

ANSWER: GPA metering point will be after the energy storage system. GPA will only pay for energy delivered

or curtailed energy caused by GPA either through a dispatch down request or line outages on GPA transmission lines. Bidders shall commit to annual energy guarantees and failure to meet guarantees are subject to penalties. See Volume III, Draft Renewable Energy Purchase Agreement, Section 4.8 which is PDF Page 94 of the original bid document. This describes minimum annual production and performance.

Siemens Industry inquiry dated 12/02/17: QUESTION:

1. Siemens is considering a response to GPA’s Renewable Energy Resource – Phase III Invitation for Multi-Step Bid RFP No. GPA-007-18. The RFP also indicates that bidders will be given access information for an ftp site shall be provided upon registration and payment of the non-refundable fee. Page 11 of the RFP’s PDF indicates that 12/7/17 is the deadline for registration & payment of

Page 4: January 18, 2018 - GPA - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18-Amd.II.pdf · GPA BID No.: GPA-007-18 Renewable Energy Resource – Phase III . AMENDMENT

Multi-Step Bid GPA-007-18 Renewable Energy Resource Phase III D.Fejeran Page 4 | 5

transportation fee. However, page 25 of the PDF says that describes the site visit indicates the fee is $TBD.

With the deadline quickly approaching, can you please let me know the amount of the fee and how we go about registering our company for this solicitation?

ANSWER: Refer to Amendment No.: 1, #2 of CHANGES for fees and procedures regarding Site Visits. Refer to Amendment No.: I, #1 of CHANGES and Appendix A for documents and dates required. *Note: Transportation Fees must be paid by January 22nd. Please see the Procurement Office for

Transportation Fee invoice to be paid at GPA cashiers. Receipt must be submitted to GPA Procurement Office.

LSIS inquiry dated 12/04/17: QUESTION:

1. As a potential bidder, LSIS kindly requests information or procedure for registration and payment of transportation fee.

ANSWER: Refer to Amendment No.: 1, #2 of CHANGES for fees and procedures regarding Site Visits. *Note: Transportation Fees must be paid by January 22nd. Please see the Procurement Office for

Transportation Fee invoice to be paid at GPA cashiers. Receipt must be submitted to GPA Procurement Office.

Doosan Heavy Industries inquiry dated 12/05/17: QUESTION:

1. I am Yujin, working for Doosan heavy Industries based in South Korea. We are interested in submitting a proposal for the “RENEWABLE ENERGY RESOURCE PHASE III” project. According to IFB, there will be a pre-bid conference & site visit and we need to register and pay transportation fee by Dec. 7th. Could you let us know how to register and pay the fee?

ANSWER: Refer to Amendment No.: 1, #2 of CHANGES for fees and procedures regarding Site Visits. *Note: Transportation Fees must be paid by January 22nd. Please see the Procurement Office for

Transportation Fee invoice to be paid at GPA cashiers. Receipt must be submitted to GPA Procurement Office.

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. GPA is evaluating the energy storage requirements and will

provide an update on this.

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GPA BID No.: GPA-007-18

Renewable Energy Resource – Phase III

AMENDMENT #2

Attachment 1

Naval Base Guam Sites

Draft Survey Drawings

Site Drawings Included:

Existing 250KW PV Site

CDF Site – Part 1

CDF Site – Part 2

Waste Water Treatment Site

Commissary Site – Part 1

Commissary Site – Part 2

Page 7: January 18, 2018 - GPA - Guam Power Authorityguampowerauthority.com/...StepBidGPA-007-18-Amd.II.pdf · GPA BID No.: GPA-007-18 Renewable Energy Resource – Phase III . AMENDMENT

DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT

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DRAFT