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This Solicitation is Now Closed
The New York State Energy Research and Development Authority (NYSERDA) is seeking proposals from qualified organizations for one or both of the following services: (1) provide subsidized reduced interest rate financing to borrowers to finance improvements through NYSERDA's Home Performance with ENERGY STAR® program (Program Lender services); and/or (2) provide services to implement reduced interest loans for customers (Financing Implementation services). Home Performance with ENERGY STAR® is a grass roots strategy to develop an infrastructure of trained home performance contractors to assess and improve energy efficiency in 1-4 family residences. Contractors must complete a training and certification program through the Building Performance Institute (BPI). Customers participating in the program request a home energy audit from a BPI-certified contractor, which may identify energy efficiency improvements for the home. If the customer proceeds with installation of improvements by the contractor, the cost may be financed at a reduced interest rate offered through a Program Lender. The Program Lender selected through this RFP provides loans (not less than $2,500 and not in excess of $20,000) to qualified homeowners for a period of up to ten years, with NYSERDA subsidizing the Program Lender's reduced interest rate through a lump sum payment to the Program Lender upon loan closing. The Program Lender's market interest rate for qualified loans shall be reduced by up to 4%, or 400 basis points, subject to change by NYSERDA. Proposers desiring to provide Program lending services should have experience with providing consumer and residential financing and must be authorized to make loans throughout New York State. The Financing Implementation Contractor selected through this RFP is responsible for processing applications in accordance with program guidelines and providing interaction between the borrower, the home performance contractor, the Program Implementation Contractor, and the Program Lender. Proposers may submit proposals for either or both services identified above. Teaming arrangements, permitting two entities to jointly propose for the services requested, are encouraged. The contract(s) awarded under this solicitation are expected to be selected by September 2003 with the contractor(s) providing program loans commencing January 1, 2004 through June 30, 2006. PROPOSAL SUBMISSION: Please submit eight (8) clearly labeled copies of the proposal to: Karen Whalen, RFP No. 788 Technical questions about this RFP may be directed to C. Anthony Owens at (866) NYSERDA, ext. 3262, or cao@nyserda.org. Contractual questions should be directed to Mary Sauvie at (866) NYSERDA, ext. 3229, or mks@nyserda.org. **Late proposals will be returned. Proposals are due Eastern Time. Faxed proposals will not be accepted. Proposals will not be accepted at any other NYSERDA location other than the location specified above. I. INTRODUCTION The New York State Energy Research and Development Authority (NYSERDA) is a public benefit corporation established pursuant to Title 9 of Article 8 of the Public Authorities Law of the State of New York. NYSERDA is governed by a 13-member Board of Directors including State officials and other individuals representing a broad range of interests in energy affairs. NYSERDA's principal mission is to develop innovative solutions to
some of the State's most difficult energy and environmental problems.
Major program areas include providing financial and technical assistance
to implement energy efficiency products, technologies and practices
for business and institutional, residential, and low income customers
and to promote research and development projects to develop energy
and environmental products manufactured in New York State. The SBC is an assessment made by New York State investor-owned utilities on the transition and distribution of electricity. The following investor-owned utilities participate in the SBC: Central Hudson Gas & Electric Corp., Consolidated Edison Company of New York, Inc., New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation, Niagara Mohawk Power Corporation, and Orange and Rockland Utilities, Inc. II. BACKGROUND NYSERDA's Home Performance with ENERGY STAR® program was introduced throughout upstate New York in the spring of 2001. The program is a grass roots effort designed to train and certify home improvement contractors in current and cutting-edge building sciences and proper installation techniques of energy saving measures in 1-4 family dwellings. To become a BPI- accredited company with certified technicians, both rigorous written and field exams must be successfully completed. Participating home performance contractors benefit from a number of attractive program incentives including: subsidized technical and sales training they will need to take full advantage of the program's potential; subsidies for a portion of the costs of certification and accreditation; favorable terms for purchasing home performance diagnostic equipment; free marketing through listing on NYSERDA's consumer website; and the ability to offer consumers low interest financing offered through the Program Lender. NYSERDA's Home Performance with ENERGY STAR® program is administered by an Implementation Contractor, presently Conservation Services Group, Inc. (CSG). The Program Implementation Contractor services are not part of this RFP. CSG is responsible for providing support to BPI-certified contractors through the program and assuring quality control through random inspections of completed jobs. The program requires interaction between CSG, the Financing Implementation Contractor, and Program Lender selected through this RFP. The Home Performance with ENERGY STAR® initiative is backed with a multi-million dollar training and marketing campaign, including television, radio, and print. Steve Thomas, of "This Old House", is the Home Performance with ENERGY STAR® program's spokesman. A toll-free number (1-877-NY-SMART) is provided for consumers to obtain program literature, a list of BPI-accredited contractors, and a video featuring Steve Thomas that explains the Home Performance with ENERGY STAR® program. To date, more than 15,000 consumers have called the toll free number. A component of the Home Performance with ENERGY STAR® program is the Assisted Home Performance with ENERGY STAR® program. This program is available to homeowners with a total household income at or below 80% of the State Median Income. It provides a subsidy of 50% of the cost of qualifying measures installed by a BPI-accredited Home Performance contractor, subject to a maximum subsidy of $5,000 per applicant for single family homes or $10,000 per building for 3-4 family dwellings. The balance of the work may be eligible for reduced interest-rate financing through the program. The benefits that the Program Lender receives are numerous. NYSERDA's media campaign promotes the programs. Home Performance contractors will distribute the toll free Financing Program number that will be established. The name and telephone number will also be made available on various Home Performance with ENERGY STAR® program materials and on the Get Energy Smart website. Financing Guidelines
The program's current underwriting guidelines (based on policies required by the current Program Lender, Fannie Mae) are outlined below:
Proposers for Program Lending services must indicate the underwriting
guidelines they propose to use in approving loan applications through
the program. NYSERDA prefers a Program Lender willing to provide financing
with a minimum credit score of 600 in order to better serve the residential
market. Proposers must indicate their willingness to provide financing,
and under what terms, for various credit scores as well as all other
criteria to be used in underwriting program loans. Underwriting guidelines
may be modified over the term of the program upon mutual agreement
between NYSERDA and the Program Lender.
III. SERVICES AND DELIVERABLES TO BE PROVIDED This Request for Proposal seeks both proposals for Home Performance with ENERGY STAR® Program Lending Services and Home Performance with ENERGY STAR® Financing Implementation Services. Proposers may propose for one or both services. The services expected to be provided are summarized below. Home Performance with ENERGY STAR® Program Lender Services Task 1. Pre-Contract Meeting: A kickoff meeting at NYSERDA's Albany office shall be attended by the Program Lender, the Financing Implementation Contractor, NYSERDA's Program Implementation Contractor (presently Conservation Services Group), and NYSERDA. The meeting will be used to review all processes, procedures, responsibilities, and reporting requirements. Task 2. Loan Application Intake System: The Financing
Implementation Contractor, in conjunction with the Program Lender,
shall establish and implement a loan application intake system. The
intake system shall include a toll-free phone number for consumer
access, data collection including applicant information, project costs,
loan amount, household size, applicant, co-applicant and total household
income, loan subsidy eligibility, a brief description of targeted
improvements, and utility provider. Customers will have the option
to apply for loans using an application form, website (if available),
fax, or by telephone. Credit pre-approvals will also be available
by phone and the website. Loan applications or credit pre-approvals
accepted by the Financing Implementation Contractor will be submitted
to the Program Lender for credit approval. Task 3. Loan Processing: The Program Lender shall process and underwrite the loan applications based on agreed upon underwriting criteria and financing guidelines. The Program Lender shall make every effort to ensure that it will respond to any application received by telephone, fax or the web-based application form with a pre-approval or denial within two hours of receiving an application. Acceptance or denial of applications or pre-approvals shall be reported to the Financing Implementation Contractor. Once a loan application is approved, the Program Lender shall provide a loan commitment and allow up to 55 days for the loan to close. Deliverable: The Program Lender shall promptly notify the Financing
Implementation Contractor of approval or denial of program loan applications
or credit pre-approval requests. Deliverable: Upon receipt of the Installation Completion Certificate from NYSERDA's Program Implementation Contractor, the Program Lender shall close on the loan and disburse the loan proceeds to pay the Home Performance contractor within two (2) business days. Task 5. Interest Rate Buy-Down: For each loan approved and funded by the Program Lender, NYSERDA shall subsidize the interest rate charged the applicant by reducing (buying-down) the interest rate charged by the Program Lender to a lower rate. Initially, the buy-down will be 4% (400 basis points) off of the Program Lender's published market interest rate, subject to change upon written notification from NYSERDA. The Program Lender shall calculate the cost of the buy-down to NYSERDA based upon a calculation methodology proposed by the Program Lender and agreed to by NYSERDA. Deliverable: The Program Lender shall be responsible for sending invoices to NYSERDA, with a copy delivered to NYSERDA's Financing Implementation Contractor, summarizing loans closed during the invoicing period and the lump sum payment due for the interest rate buydown. Invoices shall not be mailed more frequently than the 15th and last business day of each month. Task 6. Reporting: The Program Lender shall compile concise monthly progress reports throughout the course of the project to highlight the status of activities and major events. The progress reports shall be submitted to NYSERDA's Project Manager no later than the 15th of each month, beginning with the first 15th after which a month of work has been completed. The progress reports shall be in memorandum format and shall include the following subjects in the order indicated: (1) Title of project, agreement number, and period of report; (2) Progress made, activities performed, and tasks and subtasks completed during the reporting period; (3) Plans for the next reporting period; (4) Identification of problems or obstacles; (5) Ability to meet schedule; deviations from schedule; reasons for slippage in schedule; and (6) Analysis of actual cost incurred per task in relation to the budget per task. The Program Lender shall also prepare quarterly reports for the duration of the contract. The reports shall be submitted to NYSERDA no more than thirty (30) days after quarter end, beginning March 31, 2004. The reports shall be in table format, and shall include but may not be limited to the following information: (1) Title of project, agreement number, and period of report; (2) Number of loans made during the final month of the quarter, quarter and year-to-date; (3) Number of households qualifying for work scope subsidies during the final month of the quarter, quarter and year-to-date; and (4) Dollar value of interest rate subsidy by utility area on a quarterly and year-to-date basis. The Program Lender shall also coordinate with NYSERDA and the Program Implementation Contractor to ensure that tracking mechanisms are in place to capture and quantify loan project impacts such as energy savings. Deliverable: The Program Lender shall submit monthly and quarterly reports to NYSERDA's Project Manager at appropriate times. Home Performance with ENERGY STAR® Financing Implementation Contractor Services Task 1. Pre-Contract Meeting: A kickoff meeting at NYSERDA's Albany office shall be attended by the Financing Implementation Contractor, the Program Lender, NYSERDA's Program Implementation Contractor (presently Conservation Services Group), and NYSERDA. The meeting will be used to review all processes, procedures, responsibilities, and reporting requirements. Task 2. Loan Application Intake System: The Financing
Implementation Contractor, in conjunction with the Program Lender,
shall establish and implement a loan application intake system. The
intake system shall include a toll-free phone number for consumer
access, data collection including applicant information, project costs,
loan amount, household size, applicant, co-applicant and total household
income, loan subsidy eligibility, a brief description of targeted
improvements, and utility provider. Customers will have the option
to apply for loans using an application form, website (if available),
fax, or by telephone. Credit pre-approvals will also be available
by phone and the website. Loan applications or credit pre-approvals
accepted by the Financing Implementation Contractor will be submitted
to the Program Lender for credit approval. Task 3. Loan Processing: The Program Lender shall process and underwrite the loan applications based on agreed upon underwriting criteria and financing guidelines and shall notify the Financing Implementation Contractor of the applications acceptance or denial. The Financing Implementation Contractor shall notify the home performance contractor of credit decision. If the loan application is denied, the Financing Implementation Contractor shall notify the customer in writing. Should an applicant be denied a loan, yet would have qualified for a loan subsidy Assisted Home Performance with ENERGY STAR® program, the Contractor shall indicate in the loan denial letter to the applicant the maximum subsidy level, the subsidy as a percent of the work scope, if known, or the amount of subsidy if known, that the applicant is eligible to receive. Once a customer has been pre-approved, the customer will be notified by the Program Lender to provide a completed loan application, copy of the proposed bid summary, and proof of income (if required) to apply for the requested energy efficiency loan. The Financing Implementation Contractor shall allow the customer/building performance professional 55 days from the signing of the loan agreement to install the eligible measure(s). If a change order is executed that increases the requested loan amount, the customer will need to contact the Financing Implementation Contractor to be re-qualified at the new loan amount. The customer or home performance contractor must then submit supporting documentation, i.e., a revised estimate. Deliverable: The Financing Implementation Contractor shall produce a written weekly report informing NYSERDA's implementation contractor of loan approvals, denials, and the number of applicants that have been denied a loan, but are requesting a letter stipulating their loan subsidy eligibility. The reports will include key data to be used for program tracking and evaluation, as mutually agreed by the Financing Implementation Contractor, the Program Implementation Contractor, and NYSERDA. At a minimum, the report shall include data on loans approved (based on completed and signed applications) including customer name and address, work to be performed, amount of loan, loan term, income level, credit score, contractor to implement the proposed measures, and the interest rate at the time the loan agreement was signed (this rate is locked in for a period of 55 days and should allow sufficient time to complete the installation). NYSERDA's Program Implementation Contractor will process the weekly reports and forward them to NYSERDA as part of its own monthly or bi-weekly reporting requirements under the Program. Task 4. Work Scope Subsidy: For each loan application received, the Financing Implementation Contractor shall verify household size and income level against income guidelines provided annually by NYSERDA. All households with a total income level at or below 80% of the State median income (SMI) are eligible to receive a subsidy payment not to exceed the lesser of 50% of the qualifying measures or $5,000 per 1-2 family buildings ($10,000 per 3-4 unit buildings). The homeowner shall then be eligible for financing through the Program for the balance of the cost of qualifying measures. The Financing Implementation Contractor shall be required to income
verify all applicants for subsidy eligibility, and inform the Program
Implementation Contractor of those applicants that qualify for the
subsidy. Household income is defined as total cash receipts before
taxes from all sources, including, but not limited to: money wages,
commissions or salaries before deductions; income from self-employment
or from self-owned farm or business after allowable farm or business
deductions; regular payments from Social Security including Social
Security benefits for minors, Unemployment Insurance Benefits, Veteran's
Survivor Benefits, pensions, regular insurance or annuity payments,
and strike benefits from union funds; Social Security or Veteran's
Survivor Benefits received by students; alimony, child support and
military allotments or other regular support from an absent family
member or someone not living in the household; dividends, interest,
rents, royalties, or income from estates or trusts; housing allowances
paid to military personnel; the interest-only portion of a mortgage
payment or land contract payment made to an applicant; reverse-annuity
mortgage and home equity conversion payments from a bank based on
home ownership equity; and income from Individual Retirement Accounts
(IRAs) for the month of application, whether a monthly or a lump-sum
withdrawal. Should the year-to-date earnings not be included on the pay stub,
the following conversion factors shall be used to compute a monthly
figure: multiply the income on a weekly pay stub by 4.3; multiply
the income on a bi-weekly pay stub by 2.15; and for applicants paid
twice a month, multiply the income on a pay stub by 2.0. If the applicant's
household gross weekly income varies, average the household's weekly
income for the previous four weeks, and multiply the average wage
by 4.3 to arrive at a monthly figure. For Income Eligibility Documentation and Income Eligibility Exclusions, refer to the following website: http://www.dhcr.state.ny.us/ocd/pubs/html/wappm02ch3.html. If the applicant's household income exceeds 80% of the State's median
income, the applicant is not eligible for a work scope subsidy. Upon determination of income eligibility for a work scope subsidy,
the Financing Implementation Contractor shall notify the BPI-accredited
home performance contractor who is proposing work to the customer,
if that home performance contractor has been identified to the Financing
Implementation Contractor. The Financing Implementation Contractor
shall notify the home performance contractor within two hours of making
such determination via fax, e-mail, or other such method. Deliverable: Upon receipt of the Installation Completion Certificate from NYSERDA's Program Implementation Contractor, the Financing Implementation Contractor, in conjunction with the Program Lender, shall pay the home performance contractor within two (2) business days. Task 6. Income Verification for Loans that have been Denied, for Consumers Paying Cash or using Alternative Financing: In instances when the applicant has been denied financing through the Financing Program, or when the applicant will be paying cash or using alternative financing, the Financing Implementation Contractor shall collect all required income data, determine if the applicant qualifies for a work scope subsidy, then inform both NYSERDA's Program Implementation Contractor and the applicant of his or her subsidy eligibility, and amount of subsidy if known. The applicant will then be required to pay the home performance contractor the un-subsidized portion of the agreed upon work scope. Deliverable: No later than on a weekly basis, the Financing Implementation Contractor shall provide NYSERDA's Program Implementation Contractor with the name of applicant, address, subsidy amount (if known), and name of the home performance contractor via fax or e-mail. This report shall be forwarded to NYSERDA on a monthly basis. Task 7. Reporting: The Financing Implementation Contractor shall compile concise monthly progress reports throughout the course of the project to highlight the status of activities and major events. The progress reports shall be submitted to NYSERDA's Project Manager no later than the 15th of each month, beginning with the first 15th after which a month of work has been completed. The progress reports shall be in memorandum format and shall include the following subjects in the order indicated: (1) Title of project, agreement number, and period of report; (2) Progress made, activities performed, and tasks and subtasks completed during the reporting period; (3) Plans for the next reporting period; (4) Identification of problems or obstacles; (5) Ability to meet schedule; deviations from schedule; reasons for slippage in schedule; and (6) Analysis of actual cost incurred per task in relation to the budget per task. The Financing Implementation Contractor shall also prepare quarterly reports for the duration of the contract. The reports shall be submitted to NYSERDA no more than thirty (30) days after quarter end, beginning March 31, 2004. The report shall be in table format, and shall include but may not be limited to the following information: (1) Title of project, agreement number, and period of report; (2) Number of loans made during the final month of the quarter, quarter and year-to-date; (3) Number of households qualifying for work scope subsidies during the final month of the quarter, quarter and year-to-date; and (4) Dollar value of interest rate subsidy by utility area on a quarterly and year-to-date basis. The Financing Implementation Contractor shall also coordinate with NYSERDA and the Program Implementation Contractor to ensure that tracking mechanisms are in-place to capture and quantify loan project impacts such as energy savings. Deliverable: The Financing Implementation Contractor shall submit monthly and quarterly reports to NYSERDA's Project Manager at appropriate times.
IV. PROGRAM REQUIREMENTS AND SCHEDULE Each proposer must possess the requisite expertise and experience to complete all aspects of the project successfully. Proposers for Program Lender services must be able to:
Proposers for Financing Implementation Contractor services must be able to:
Schedule V. PROPOSAL REQUIREMENTS Proposers must submit eight (8) copies of Part I, Technical Proposal, and eight (8) copies of Part II, Cost Proposal. A completed Proposal Checklist must be attached to the front of all copies of Part I. Proposals should be no more than 20 pages or submitted in an elaborate format that includes expensive binders or graphics. NYSERDA may request additional data or materials to support proposals. The proposal must be in the following format: Part I. Technical Proposal Proposal Checklist: The Proposal Checklist to be completed is attached to this RFP. The checklist must be attached to all eight (8) copies of Part I of the proposal. At least one (1) copy must contain an original signature. Section 1: Introduction and general information. Proposers should summarize their understanding of the objectives and requirements of this RFP. Proposers should clearly indicate whether they are proposing to provide Program Lender services and/or Financing Implementation Contractor services. Proposers should briefly identify key information about their organization. Proposers should describe why they feel they are uniquely qualified to perform and complete the services requested under this RFP. Section 2: Statement of Work. The Statement of Work is a detailed plan of how the Proposer will accomplish the Program's objectives. The Statement of Work should clearly articulate strategies consistent with the requested services and deliverables, and Program Requirements and Schedule section of this solicitation. Describe your approach/methodology and define your rationale for the proposed approach. Describe the actions you will take to complete each task. The Statement of Work is the primary contractual document that identifies the deliverables and provides a basis for payment. It is an action document that specifically delineates each step or procedure required to accomplish the Program's objectives. The Statement of Work must be prepared as an order of set tasks, including subtasks if necessary. Therefore, each action item should be identified, indicating who will perform it, how it will be performed, when it will be performed, and its anticipated deliverables. The implementation strategy, program coordination, monitoring and verification tasks should be clearly defined as separate responses. In addition to responding to the tasks defined for the requested services, proposers are invited to present additional tasks as long as they promote, or are consistent with, the goals and objectives of the Program. For proposals to provide Program Lender services, the proposed Statement of Work must clearly describe the underwriting criteria and process to be used for approving loans and credit pre-approvals through the program. The proposal must also indicate whether or not the Program Lender is willing to provide secured loans if customers should so choose and how the processing of these loans would differ from those which are unsecured. Lastly, the proposal must provide information on the Proposer's current policies and practices for setting interest rates on similar loans and how often these rates are reset. The proposal should provide information on current and recent historical interest rates for such loans. The Statement of Work must be consistent with the deliverable and schedule outlined in this RFP. Section 3. Management structure. Proposals should identify all team members, including the program director, who will be responsible for ensuring that the duties of the contractor are carried out properly and timely. Provide a clear description of the roles and responsibilities of each key person in completing the work plan. Provide an organization chart. Resumes of all team members should be provided as an appendix. Section 4. Qualifications. Describe how the proposer meets
the experience, skills and abilities, and financial capacity criteria.
State the individual and combined expertise that would enable successful
completion of this Program. For Program Lender services proposals,
indicate the number of branches and loan production offices located
in New York State. List and briefly explain relevant programs that
have been completed by the proposer. Indicate which team members were
responsible for each program described. Include the name and telephone
number of at least three (3) references for whom your organization
has completed projects. Summaries of prior work requested in this
RFP may be submitted as an attachment to your proposal. The Program Lender selected shall be required to offer qualifying consumers an interest rate which is reduced from the Program Lender's published or normal market interest rate by up to 4%, or 400 basis points, subject to change. NYSERDA proposes to base the payment (the "Lump Sum Payment") to the Program Lender on the present value, computed using the Program Lender's normal market interest rate, of the difference between the loan payments at the reduced interest rate and what the loan payments would have been using the Program Lender's market interest rate. Proposers must indicate whether the Lump Sum Payment methodology proposed is satisfactory or whether an alternative methodology for determining the Lump Sum Payment should be proposed. In addition, the proposer must indicate whether any other fees or expenses would be charged to NYSERDA for each loan provided through this program and the basis for such fees or expenses. The Program Lender may only charge borrowers with its normal customary fees and expenses for similar loans and must indicate in its proposal if any such fees will be charged to borrowers. Proposals for Financing Implementation Contractor services should provide a detailed fee schedule (fee assessed per applicant or based on loan amounts) or cost budget (on a time and materials basis) for the services to be performed in completing the tasks outlined in the Statement of Work. VI. PROPOSAL EVALUATION All proposals received by the due date, and meeting the submission requirements established in this RFP will be reviewed by a Technical Evaluation Panel consisting of NYSERDA staff and selected outside reviewers. Final rankings and contract award will be based on the following criteria. Responsiveness to the Program Components and Requirements of the RFP. Has the Proposer demonstrated a clear understanding of the program goals and objectives? Is there clear evidence that the Proposer possesses the capability to implement, coordinate and monitor the Program? Is the Statement of Work thorough, specific, and consistent with the stated objectives? Are deliverables clearly stated and consistent with the Proposer's activities? Relevant Experience and Qualifications. Are key personnel's education and experience relevant to the program's needs? Does the Proposer have adequate capacity to handle the Program? Does the Proposer demonstrate recent experience in the conduct of similar programs? Has the Proposer demonstrated strong management and data collection capabilities? What is the quality of the Proposer's performance on existing or past programs, or their achievement related to the proposed work? Are there aspects of the Program that are unacceptable? Is the Proposer authorized to make consumer loans in New York State? Comprehensiveness of Approach and Management Plan. Does the proposer demonstrate the ability to complete all aspects of the Program? Has the proposer demonstrated the ability to institute appropriate data collection and monitoring procedures? Are appropriate management and coordination strategies articulated? Is the Program organization, including staffing plan and schedule, clear and well-defined? Does the proposal include a strategy for coordination and interaction with all relevant parties, including NYSERDA, the Program Implementation Contractor, and home performance contractors? For Program Lenders, is the proposed underwriting criteria acceptable and will it maximize the effectiveness of the financing program to consumers? Economic Benefits to New York State. Please list the number and location of branches your organization maintains in New York State. Also, provide the number of employees staffing each branch. Finally, please provide information relating to your organization's financial and/or other contributions to New York State. Other. Is the proposal well organized, well written and complete? Is the schedule for Program completion and deliverables clear? Cost. How cost effective is the proposal? For Program Lender's what is the Proposer's market interest rate(s) for similar loans and what methodology is proposed for calculating the lump sum payment for the interest rate reduction on loans? (Fees that are normally charged to the applicant should not be considered in the section.) GENERAL CONDITIONS Proprietary Information - Careful consideration should be given before confidential information is submitted to NYSERDA as part of your proposal. Review should include whether it is critical for evaluating a proposal, and whether general, non-confidential information, may be adequate for review purposes. The NYS Freedom of Information Law, Public Officers law, Article 6, provides for public access to information NYSERDA possesses. Public Officers Law, Section 87(2)(d) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Information submitted to NYSERDA that the proposer wishes to have treated as proprietary, and confidential trade secret information, should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted. See Public Officers Law, Section 89(5) and the procedures set forth in 21 NYCRR Part 501. Omnibus Procurement Act of 1992 - It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises, as bidders, subcontractors, and suppliers on its procurement Agreements. Information on the availability of New York subcontractors and suppliers is available from: Empire State Development A directory of certified minority- and women-owned business enterprises is available from: Empire State Development Contract Award - NYSERDA anticipates making one award under this solicitation. It may award a contract based on initial applications without discussion, or following limited discussion or negotiations. Each offer should be submitted using the most favorable cost and technical terms. NYSERDA may request additional data or material to support applications. NYSERDA will use the Sample Agreement to contract successful proposals. Limitation - This solicitation does not commit NYSERDA to
award a contract, pay any costs incurred in preparing a proposal,
or to procure or contract for services or supplies. NYSERDA reserves
the right to accept or reject any or all proposals received, to negotiate
with all qualified sources, or to cancel in part or in its entirety
the solicitation when it is in NYSERDA's best interest. Attachments: Attachment A - Proposal Checklist |
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