Question Responses 01/09/2019

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Mitchell Jackson
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1. Are you looking to hire an Agent or Direct Supplier? ANSWER: Kent State is seeking to enter into an electricity supply contract with either an Agent or Direct Supplier. 2.

1 1. Are you looking to hire an Agent or Direct Supplier? ANSWER: Kent State is seeking to enter into an electricity supply contract with either an Agent or Direct Supplier. 2. Are you willing to pay a premium for the option to cancel with 30-day notice? This would be to cover any early termination fees. ANSWER: No, Kent State is not willing to pay a premium for the option to cancel with 30-day notice. 3. Are you bidding for Agent Fees as well? For example Agent Fee per kwh used by Kent State. This is the fee you are paying for procurement services. ANSWER: No, Kent State is not bidding Agent Fees as well. These should be identified and included in the cost per kwh submitted by the approved bidder during the reverse auction. Please note that there is no additional procurement fee (i.e., retail adder) to be included in a bidder s proposal. 4. Are you requesting Open Book Fee Schedule? ANSWER: Yes, Kent State is requesting Open Book Fee Schedule. 5. We do have questions/concerns regarding the RFP; however, our attorney will not be back in the office until Monday, January 7th due to the holidays. I have listed a few concerns below. Please let me know if we will be able to submit additional questions/comments after today s deadline. ANSWER: No, Kent State University is not accepting questions after the January 7 th deadline. 6. The below states the University can terminate for any reason upon 90-day notice This language needs to be modified to reference the early termination fee. We would also prefer proposing different language for 4.5 below. Additionally, the insurance requirement should not be applicable, and the indemnity is too broad. Termination: Either party may terminate this contract after the expiration of sixty (60) days from the effective date of the contract. Termination may occur by giving the other party ninety (90) days prior written notice of its intent to terminate the contract, except that any breach of this contract shall be just cause for the University to terminate the contract immediately without such prior notice to you. The in case of any termination resulting from breach of contract, the Procurement Department may, at its discretion, prohibit proposer from submitting a proposal on any project at the University for a period of up to three (3) years. Extended Payment Clause: Kent State University may, upon written notice to the proposer receiving the contract, suspend or terminate the unpaid balance of this contract, if the Ohio General Assembly, in a subsequent biennium, fails to appropriate funds making possible the continuation of such payment. ANSWER: It is Kent State University s intention not to pay a termination fee. However, we will review all offers from each supplier. Page 1 of 5

2 7. Is Group 2 (CHP) the account listed below? E Summit St Main Sub GTD Main Account POWER PLANT ANSWER: The account listed above is the Kent State CHP account. 8. Please confirm the verbiage found on page 14 of 41, top of the page, last bullet point, as it references Section 32 above. There is no Section 32. Should this should indicate Section 4.23? ANSWER: Correct, section should reference Section 4.23 Indemnification/Hold Harmless: Vendor shall indemnify and hold Kent State University harmless from and against all claims, losses, expenses, damages, causes of actions and liabilities of every kind and nature (including without limitation reasonable attorney s fees), arising out of any alleged breach of any proposer s obligations or warranties or from any other acts or omissions of Vendor, its officers, agents, employees and subcontractors. Supplier requests before the last bullet point, please add: In lieu of commercial insurance or where the limit may be within Vendor s commercial insurance deductibles, the University shall allow Vendor to self-insure any or all risks of loss in the same manner as a commercial policy. ANSWER: Yes, this may be acceptable and will be discussed during contract negotiations before the reverse auction on March 5, Section 4.16 Price Adjustment requests that all prices quoted are expected to remain firm during the term of the contract. Will Kent State accept contract provisions that allow for rate changes due to changes in law and cost that occur after the contract is signed? ANSWER: Yes, Kent State will accept a change in price due to a change in law. Any rates that are expected or known to change during contract should be identified. 10. The RFP indicates a 12MW onsite generation facility that supplies steam, electricity and chilled water to the campus at will be run at Kent State s discretion. Will Kent State provide hourly/daily generation schedules to assist a supplier forecast their net load? ANSWER: The CHP will operate at KSU s discretion and is usually controlled by JCI EOS. We can notify the supplier in the event of unique situations where equipment will be offline for extended periods of time. We would be willing to discuss this further to determine the benefits and what would be required. 11. Will any qualified RECs created from the output of the Combined Heat and Power Plant be registered with PJM-GATS? ANSWER: All RECs are registered with PJM-GATS. 12. Will any qualified RECs created from the output of the solar array/building rooftop be registered with PJM-GATS? ANSWER: All SRECs are registered with PJM-GATS. 13. Does it have to be an Ohio Company? ANSWER: No, bidders do not have to be an Ohio company. 14. Does Kent State track their renewable energy output in a GATs system, (Generation attribute tracking system), or GATS like system? ANSWER: All Kent State RECs and SRECs are registered with PJM-GATS. Page 2 of 5

3 15. Section 6.3 Product 1- Retail Electric Service Product B. An Indexed Price Product Will KSU consider an index product based on the PJM Day Ahead LMP, with or without underlying blocks of fixed energy? ANSWER: Yes, Kent State will consider an index product based on the PJM Day Ahead LMP. If procuring fixed blocks, will KSU be liable for liquidated damages from any unused portion of any fixed blocks? ANSWER: Yes, Kent State will be liable for any unused portion of any fixed blocks. Kent State expects either a credit or debit on their monthly invoice-reflecting sale of unused portions of any fixed blocks. 16. Are there accounts on the First Energy or AEP Transmission Pilot Programs? a.if so please identify ANSWER: Currently, the only account on a Transmission Pilot Program is the KSU Kent Main CHP Service Entrance, which is associated with FE/OE. 17. Are any accounts on a non-standard tariff from FE or AEP? ANSWER: All accounts are on standard tariffs except the KSU Kent Main CHP Service Entrance, which is on the Ohio Edison Partial Service Rider. 18. Are any accounts on legacy interruptible service from the regulated utility (FE or AEP)? ANSWER: None. 19. Does the university participate in demand response? a.emergency b.synchronous Reserve c.economic d.other ANSWER: a. Emergency - For the KSU Kent Main CHP Service Entrance: Yes to Emergency Demand Response. b. Synchronous Reserve - For the KSU Kent Main CHP Service Entrance: Planning to enter Synchronous Demand Response. c. Economic For the KSU Kent Main CHP Service Entrance: Yes to Economic Demand Response. For the Regional Campuses: Ashtabula, Stark, Trumbull, and Tuscarawas. Others were too small of a load. d. Other - For the KSU Kent Main CHP Service Entrance and all other accounts: None at this time. 20. In a block and index structure, what $ sized block can be purchased? a.without board approval please provide estimated turn-around time for block purchase in hours or days b.with board approval please provide estimated turn-around time for block purchase in hours or days ANSWER: Kent State will provide suppliers with the information on the block size in advance of any request for pricing. Page 3 of 5

4 21. Can / Would the University be able to respond to voluntary signals to reduce power from the awarded supplier? ANSWER: We may consider this. This would have to be coordinated with JCI EOS if practical, feasible, and economical. 22. In regard to pricing submission, should it be assumed that the Enel-X fee will be uniform adder to the MWh submitted by all CRES? ANSWER: As per the response to Question 3, there is no Enel X procurement fee to be included in the price. 23. Section 2.2 Brief Description of Kent State University Power Plant, Pages 4 and 5: Can Kent State University confirm if the historical runs are represented in the current historical usage? ANSWER: The CY2017 KSU Kent Main CHP Service Entrance data should be similar to CY2018 but there will be some deviations. First, CY2018 will reflect JCI EOS operation that was not present in CY2017. Second, due to an extended outage of a generator that started in early November 2018 and is still ongoing at this time, CY2018 will be different than CY2017. Suppliers will have the opportunity to get recent load data if they desire. 24. Section 3.13, Dun & Bradstreet, Page 8. Will Kent State University consider the use of Standard and Poor s and Moody s ratings instead of Dun & Bradstreet? ANSWER: Yes, Kent State will consider use of Standard and Poor s and Moody s ratings instead of Dun & Bradstreet. 25. Section 3.14, Supplier Diversity. Please provide additional clarity on what is considered appropriate information regarding a supplier s effort to include women-owned, minority and EDGE vendors in their contract. ANSWER: Kent State University encourages the participation of women, minority groups, and EDGE vendors in all University contracts. If requested, vendors are asked to provide their spend with diverse suppliers within the Kent State University contract. 26. Section 4.29 Performance Bond, Page 8. Will Kent State University accept a parental guaranty rather than a performance bond? ANSWER: A performance bond is not required for this contract. 27. Section 6.0 Request for Proposal/Reverse Auction Specifications, Product 1 Retail Electric Service Product, Page 24. Can Kent State University confirm for Product 1 that capacity and transmission are to be passed through? How is Kent State University handling the TEAC Adjustment and Black Box credits? ANSWER: Capacity and transmission are pass throughs for the KSU Kent Main CHP Service Entrance only. The supplier is responsible for passing through appropriate adjustments and credits. 28. Section 6.3 Service Requirements, Product 1 Retail Electric Service Product, Page 24. Electric supply management services, by successful Supplier, include the responsibility for managing the electric generation supply that will be provided to KSU through First Energy Corporation and American Electric Power. This service should include providing timely market information regarding power costs, anticipated capacity events and any other information that would help KSU operate Page 4 of 5

5 their Combined Heat and Power Plant, (CHP), and other facilities, in the most cost effective manner. The Supplier will assume responsibility for any charges, real time pricing, penalties or cash out credits or charges, resulting from Supplier s inability to provide adequate electric supplies or manage KSU s program effectively. What is Kent State University s intent around operation of the CHP? Will Kent State University continue to own and operate the plant? Is it interconnected and exporting power to the grid? ANSWER: Kent State s intent is to operate the CHP Facility in an optimal fashion with the involvement of JCI EOS. To the best of our knowledge, Kent State will continue to own and operate the facility. At this time, Kent State cannot export to the grid due to technical reasons and rectifying these issues is currently being investigated. 29. Section 6.4 Account Additions or Deletions. Would Kent State University like to include account add/delete in its pricing, and if so, at what percent of the total load? ANSWER: Yes, Kent State would like to include an add/delete provision in the contract for no more than 1% of the total load under contract. 30. When the winning bidder is selected, is the expectation that the winning bidder must hold that price until the award is given? If yes, what is the expected timeframe for suppliers to hold their price? Or, can the supplier offer a not to exceed price and be allowed to refresh that price prior to final contract execution? Once the award is issued, is it immediately binding upon both the supplier and KSU (and subject to the terms and conditions of the negotiated supplier contract)? What is the timeline and approvals required for KSU to execute the supplier contract and confirmation after the issuance of the award? ANSWER: It is Kent State University s intention to have finalized contracts signed by end of business day, March 6, I noticed that the hyperlink to the Preview List of Questions for the vendor survey form in Form 7 of the RFP isn t working and is giving a 404 error. Are you able to provide me the correct link? Below is the one in the RFP. ANSWER: Form 7 has been updated and the link is corrected. However, EIT is not required for this contract. Please check the following box on Form 7 : I am not required to complete Section 4.49 Electronic Information Technology ( EIT ) Compliance section of the RFP. 32. Are you able to provide the forms required to be submitted through DocuSign in a format that can be modified? In particular, Form 1 Request for Proposal Attestation Form, includes the language, By signing this document, I am agreeing, on behalf of my firm, to the specifications of this Request for Proposal and accepting, without exception or amendment the Instructions, Agreement Terms, and Specifications as set forth in this document. Any and all Purchase Orders resulting from this Request for Proposal shall be subject to these Instructions, Agreement Terms and Specifications, as incorporated herein. Could you please provide editable versions of the forms or advise how we can incorporate our modifications through DocuSign? ANSWER: Form 1 has been updated to include exceptions and amendments. Page 5 of 5

DUKE ENERGY OHIO REQUEST FOR PROPOSALS FOR PEAKING/INTERMEDIATE POWER SUPPLY IN RESPONSE TO OHIO SENATE BILL 221

DUKE ENERGY OHIO REQUEST FOR PROPOSALS FOR PEAKING/INTERMEDIATE POWER SUPPLY IN RESPONSE TO OHIO SENATE BILL 221 DUKE ENERGY OHIO Table of Contents Section Description Page 1.0 Purpose of Request for Proposals