ME_RFP_PG1_060107 _1_

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ME_RFP_PG1_060107 _1_

  1. 1. Memorandum To: Potential RFP Bidders From: Dale Hedman – Director of Project Development Date: June 1, 2007 Re: Assessment, Monitoring and Evaluation of Installed Capacity Programs – RFP # CCEF-IC-ME-001) The Connecticut Clean Energy Fund (CCEF) is seeking an experienced subcontractor capable of developing and implementing an assessment, monitoring and evaluation program for its installed capacity programs for residential, commercial, industrial, and institutional end- users. Attached you will find RFP # CCEF-IC-ME-001. Round 1 proposals are due by 3:00 pm on Friday, July 6, 2007. If you have questions regarding this RFP, please send an e-mail to cefinfo@ctinnovations.com. All questions, and subsequent responses, will be posted on the CCEF’s website at www.ctcleanenergy.com. An informational meeting will be held on Monday June 18, 2007 at 3:00 pm at the offices of the CCEF. Please RSVP by sending an e-mail to the above e-mail address. We look forward to answering any questions you might have and reviewing your proposals.
  2. 2. Installed Capacity Programs REQUEST FOR PROPOSALS RFP # CCEF-IC-ME-001 ASSESSMENT, MONITORING AND EVALUATION OF INSTALLED CAPACITY PROGRAMS FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL END-USERS Important Dates: June 1, 2007 Announcement June 18, 2007 Informational Meeting July 6, 2007 Proposals Due July 16, 2007 Finalists Interviews (if necessary) Connecticut Clean Energy Fund – Monitoring and Evaluation Program ii
  3. 3. Installed Capacity Programs Questions or clarifications about this RFP should be directed to: Connecticut Clean Energy Fund 200 Corporate Place Rocky Hill, CT 06067 Telephone: 860.563.0015 FAX: 860.563.6978 E-mail: cefinfo@ctinnovations.com This RFP is available on the following Web Site: Connecticut Clean Energy Fund http://www.ctcleanenergy.com Copies may be obtained by writing or calling: Connecticut Clean Energy Fund 200 Corporate Place Rocky Hill, CT 06067 Telephone: (860) 563-0015 FAX: (860) 563-6978 E-mail: cefinfo@ctinnovations.com Please request RFP: CCEF-IC-ME-001 Connecticut Clean Energy Fund – Monitoring and Evaluation Program iii
  4. 4. Installed Capacity Programs Table of Contents Table of Contents ....................................................................................................................iv Executive Summary................................................................................................................. 1 Section 1 - Background and RFP Overview ......................................................................... 2 1.1. Background ............................................................................................................... 2 1.2. Program Summary .................................................................................................... 2 1.3. RFP Overview ........................................................................................................... 3 Section 2 - Request for Proposals........................................................................................ 4 2.1. Description ................................................................................................................ 4 2.2. Areas of Focus .......................................................................................................... 4 2.3. Process ..................................................................................................................... 4 2.4. Schedule ................................................................................................................... 5 2.5. Contracting................................................................................................................ 5 2.6. Metrics....................................................................................................................... 5 2.7. Deliverables .............................................................................................................. 6 2.8. Program-Related Investments................................................................................... 7 Section 3 - RFP Requirements............................................................................................. 8 3.1. Outline....................................................................................................................... 8 3.2. Requirements............................................................................................................ 8 3.2.1. Description of the Organization .......................................................................... 8 3.2.2. Description of Monitoring and Evaluation Experience ........................................ 8 3.2.3. Formal RFP Response Questions...................................................................... 9 3.2.4. Budget................................................................................................................ 9 3.2.5. Optional Designs.............................................................................................. 10 3.2.6. References....................................................................................................... 11 Section 4 - RFP Evaluation Process .................................................................................. 12 4.1. Evaluation Committee ............................................................................................. 12 4.2. Proposal Evaluation Criteria.................................................................................... 12 Section 5 - RFP Standard Conditions ................................................................................ 13 5.1. Communications and Questions ............................................................................. 13 5.2. No Commitment – Reserved Rights ........................................................................ 13 5.3. Proposer’s Cost....................................................................................................... 13 5.4. Proposer Representations....................................................................................... 13 5.5. Freedom of Information Act..................................................................................... 14 5.6. Use of Information and Ownership of Work Product ............................................... 15 5.7. State Contracting Requirements ............................................................................. 15 Section 6 - Appendix I – Co-Benefits Chart........................................................................ 16 Connecticut Clean Energy Fund – Monitoring and Evaluation Program iv
  5. 5. Executive Summary Installed Capacity Programs Executive Summary The Connecticut Clean Energy Fund (CCEF) was created under 16-245n of the Connecticut General Statutes to promote investment in and growth of renewable energy sources. Expenditures of the fund may include, but not be limited to, grants, direct or equity investments, contracts or other actions that support renewable energy technologies such as wind, solar, fuel cells, wave power and biomass. As part of its Strategic Focus, the CCEF will be making investments in installed capacity programs and initiatives. From consumer rebates to buy-down incentives, the objective of the CCEF’s investments in installed capacity programs and initiatives is to: Provide Connecticut ratepayers with a diverse supply of installed clean energy resources that are technically, geographically, and size diverse; Focus on projects that utilize all attributes of the technology and provide value to the host site; Give special preference to projects that maximize the potential to reduce the Federally Mandated Congestion Charges in Southwest Connecticut; and Select host sites that will disseminate the lessons learned, barriers overcome, and benefits of the installation to their peers. In order to assess, monitor and evaluate the investments in installed capacity programs and initiatives, the CCEF has issued this RFP to identify an experienced subcontractor. This subcontractor will be responsible for assisting the CCEF in: Assessing the current progress to date of the CCEF in providing ratepayer incentives to support installed capacity programs; Evaluating and summarizing, in a report, the investments and project development cycles of other state clean energy funds in installed capacity programs and initiatives, as well as their monitoring and evaluation programs; Designing and implementing a multi-year monitoring program for the CCEF’s installed capacity programs and initiatives; and For accountability purposes, conducting a multi-year annual evaluation of the CCEF’s installed capacity programs and initiatives. A monitoring and evaluation program for the CCEF’s installed capacity programs and initiatives is intended to: 1. determine how organizational goals and objectives are being met; 2. assist program managers in strategic planning and decision-making; and 3. compare and share information between clean energy funds on best practice solutions and market activity. The CCEF invites experienced program evaluators to submit a proposal underneath this RFP. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 1
  6. 6. Background and RFP Overview Installed Capacity Programs Section 1 - Background and RFP Overview 1.1. Background The Connecticut Clean Energy Fund (“CCEF”) was created under 16-245n of the Connecticut General Statutes to promote investment in and growth of renewable energy sources. Expenditures of the CCEF may include, but not be limited to, grants, direct or equity investments, contracts or other actions that support renewable energy technologies such as wind, solar, fuel cells, wave power and biomass. Further information on the CCEF’s monitoring and evaluation and its installed capacity programs can be found at: http://www.ctinnovations.com/funding/ccef/about.php - for general information about the CCEF: http://www.ctinnovations.com/funding/ccef/solar_rebates.php – for information on the Solar Rebate Program; http://www.ctinnovations.com/funding/ccef/renewable_dg.php - for information on the Onsite Renewable DG Program; http://www.ctinnovations.com/communities/progress.php - for information on the CCEF’s monitoring and evaluation program for its public awareness and voluntary demand initiatives; and http://www.ctinnovations.com/communities/files/2006_Q3_CCEF_Dashb oard_NMR_final.pdf - for a sample quarterly program monitoring report on the CCEF’s monitoring and evaluation program for its public awareness and voluntary market demand initiatives. 1.2. Program Summary As part of its comprehensive plan, the CCEF has created an objective to have 5 MW of customer side-distributed generation projects contracted by mid-2007. Both the On- site Renewable DG and Small Solar Rebate Programs are expected to deliver the capacity identified in this goal. The specific objectives of the installed capacity programs are to: 1. Solicit CI&I on-site projects greater than 10 kW and that incorporate energy efficiency measures for approval to the CCEF Advisory Committee resulting in a minimum of 12 funded projects; and 2. Reserve $3 million of small solar PV rebates for small solar (under 10 kW) customers of Connecticut’s major electric distribution companies (CL&P and UI). Connecticut Clean Energy Fund – Monitoring and Evaluation Program 2
  7. 7. Background and RFP Overview Installed Capacity Programs To achieve the goal and objectives, the CCEF will: Fund a geographically and size-diverse portfolio of on-site distributed generation projects from a variety of renewable resources; Select projects with a high probability of reaching successful installation and operation; Focus on projects that fully utilize the characteristics of the technology and capture unrealized value to the host site; Give special attention to projects that have potential to reduce the federally mandated congestion charges in Connecticut; and Select project hosts that will disseminate lessons learned, barriers overcome, and benefits of the installation to their peers. The total funding allocated for the Onsite Renewable DG Program is $32.75 MM (including targeted funding for fuel cells of $15.275 MM and solar photovoltaic of $15.00 MM), and for the Small Solar Rebate Program is $11.55 MM, for a total of $44.30 MM. 1.3. RFP Overview The CCEF seeks assistance in assessing , monitoring and evaluating the effectiveness and efficiency of its investments in installed capacity programs and initiatives to: 1. Assess how programs are meeting, or not meeting, organizational goals and objectives given resource constraints; 2. Provide timely feedback to program managers for decision-making and program improvement; 3. Identify best-practice solutions for installed capacity programming; 4. Compare and share information between clean energy funds on program- related investments and subsequent market activity; 5. Provide information to key stakeholders such as legislators, regulators, Governor, and CCEF Advisory Committee; 6. Assess changes and trends in the market place; and 7. Determine the impact of programs on ratepayers, end users, project developers, homeowners and businesses. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 3
  8. 8. Background and RFP Overview Installed Capacity Programs Section 2 - Request for Proposals 2.1. Description This RFP seeks to identify an experienced subcontractor to assist in assessing, monitoring, and evaluating CCEF’s investments in installed capacity programs and initiatives. The CCEF estimates that no more than $850,000 (approximately 2% of the installed capacity program funding) will be allocated to support this multi-year program to design and implement a complete monitoring and evaluation solution for installed capacity programs and initiatives. Because a monitoring and evaluation program has not yet been designed for the CCEF’s installed capacity programs, the CCEF expects that year-one costs for developing and implementing such a program will be higher than subsequent years. The CCEF anticipates that a one-year contract with multi-year option will be signed with a qualifying subcontractor selected through this process. 2.2. Areas of Focus In particular, the CCEF is seeking subcontractors with significant experience with clean energy projects as well as experience in conducting: - Market Assessment – Market assessment tracks changes in markets over time by measuring market indicators that may be influenced by the program. Establishing a baseline measure and monitoring progress will allow data users to understand market changes and trends over time. - Program Analysis – Program analysis seeks to understand the fundamental causes of market changes over time given a specific “market intervention” (i.e. a CCEF program). This measure would provide information on the impact of program-related investments for the purpose of CCEF program planning and design. Having a subcontractor perform an analysis of other state installed capacity programs and activities along with their monitoring and evaluation programs would be required. 2.3. Process This solicitation employs a two-step process: Round 1 – Bidders complete and submit a proposal. CCEF’s evaluation team will select a shortlist of finalists to interview if necessary. Round 2 – If necessary, Round 1 finalists will be invited back to present their proposals to the CCEF’s evaluation team and a final subcontractor will be identified at the conclusion of the process. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 4
  9. 9. Background and RFP Overview Installed Capacity Programs Proposals are requested from organizations with experience in program monitoring and evaluation. Teaming of parties is encouraged and can include a wide variety of organizations, however, the CCEF will contract with only one organization. 2.4. Schedule Important dates for this solicitation include: June 1, 2007 – RFP announcement date. June 18, 2007 – Informational meeting at 3:00 p.m. at the offices of the Connecticut Clean Energy Fund. July 6, 2007 – Proposals due by 3:00 p.m. July 16, 2007 – If necessary, finalist presentations and interviews. Schedule of times is to be determined. 2.5. Contracting This RFP provides for a process of competitive negotiation, pursuant to which a contract is awarded only when definitive contract documents between the CCEF and a proposer are negotiated and executed. Neither designation as a Round 1 or Round 2 proposer or finalist, respectively, nor final selection for negotiation commits CCEF to award any such contract. CCEF reserves the right to discontinue such negotiations at any time for any reason, and to enter into negotiations with any other proposer at any time. No award of a contract shall be final and effective unless and until the CCEF and the proposer have entered into definitive contract documents. 2.6. Metrics The CCEF would like assistance from an experienced subcontractor in establishing a set of standard metrics for evaluating its installed capacity programs. This initial set of metrics should be easily collectible, measured, compared, analyzed, and provide the CCEF with important information about program effectiveness and efficiency. To assist the CCEF in devising this RFP, a workshop was held to prioritize key stakeholders and identify potential metrics for its installed capacity programs and initiatives.1 This workshop identified the need for several metrics to determine program costs and benefits that would be of interest to various stakeholders. For example, evaluation metrics for installed capacity programs for the following stakeholders could include: 1 On April 23, 2007, a monitoring and evaluation workshop was held at the offices of the CCEF. Participants included the Massachusetts Renewable Energy Trust, New York State Energy Research and Development Authority, Clean Energy States Alliance, US Environmental Protection Agency, Connecticut Center for Advanced Technology, and the Office of Policy and Management. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 5
  10. 10. Background and RFP Overview Installed Capacity Programs 1. Legislators, Governor, and Regulators - $’s invested and leveraged by district, capacity installed (kW), clean energy produced (kWh), jobs created, environmental (CO2, SO2, NOx, etc.) other co-benefits (see Appendix I – Co- Benefits Chart), and a cost-benefit ratio; 2. Ratepayers and the CCEF Advisory Committee - # of projects supported, environmental and other co-benefits, average payback period, return on investment, and other costs and benefits, reliability and performance data, administrative costs; and 3. Project Developers – ease of the process, incentive levels by technology, total level of incentives available, reliability and performance data, and stability of funding, The CCEF would like assistance from an experienced subcontractor to further determine additional metrics that are appropriate to the following stakeholders – legislators, governor, regulators, CCEF advisory committee, ratepayers, business and industry, project developers, and staff. 2.7. Deliverables It is expected that the subcontractor will be responsible for delivering the following: - Assessment of Installed Capacity Programs to Date – an initial evaluation of the efficiency and effectiveness of performance to date towards the installed capacity program goals and objectives (to be completed within the first quarter of contract execution); - Monitoring and Evaluation Plan and Program Review for Installed Capacity Programs – a document that includes a summary of comparative program practices that looks at similar clean energy funds (i.e. funding, mission, structure, and program offerings) that are part of the Clean Energy States Alliance, a description of current CCEF installed capacity programs, an overview of the project development cycle, a review of installers, project developers and end-user perceptions of the CCEF programs, expected program outputs and outcomes, statewide baseline for installed clean energy generation, program logic model, and an outline of performance and dashboard indicators (to be completed by the end of 2007 or early 2008); - Monitoring Reports of Installed Capacity Programs – quarterly reports that summarize and analyze key metrics that is made available to the CCEF staff and its stakeholders (to begin for the month of January 2008); and - Program Evaluation Reports of Installed Capacity Programs – annual program evaluation of the effectiveness and efficiency of the installed capacity program goal and objectives as well as a final cost-benefit ratio (to be completed at the end of each fiscal year – July 1st to June 30th) Connecticut Clean Energy Fund – Monitoring and Evaluation Program 6
  11. 11. Background and RFP Overview Installed Capacity Programs 2.8. Program-Related Investments To increase the installed capacity of clean energy in Connecticut, the CCEF has made a number of investments in projects including the following:2 Program # of Projects Total Total Project Total CCEF Installed Cost Incentive Capacity ($000,000) ($000,000) (kW) Small Solar 132 900 $7.592 $3.894 Onsite DG (fuel cell) 6 1,300 $10.762 $8.187 Onsite DG (solar PV) 18 957.4 $7.924 $4.298 There are also a number of projects in the pipeline for the installed capacity program that includes: Program # of Projects Total Max CCEF Installed Incentive Capacity ($000,000) (kW) Onsite DG (fuel cell) 10 3,650 $15.515 Onsite DG (solar PV) 42 4,388 $27.451 The CCEF is seeking assistance in evaluating the effectiveness and efficiency of these and future investments in installed capacity programs and initiatives. 2 As of March 1, 2007. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 7
  12. 12. RFP Requirements Installed Capacity Programs Section 3 - RFP Requirements 3.1. Outline This request for proposals (RFP) is organized into the following sections: 1. Description of the organization(s) 2. Description of monitoring and evaluation experience 3. Formal RFP Response Questions 4. Budget 5. Optional Designs 6. References 3.2. Requirements Proposals should be no more than 40 pages in length, on standard 8.5” x 11” paper, and 12-point font, and include: (1) a cover letter from the submitting organization, (2) 5 copies of the original proposal, (3) an electronic version of the proposal in Word Format on a 3.5” floppy diskette or compact disc, and (4) any additional collateral material up to 3 pieces. Please number your pages as well as separate each section based on the proposal outline above. Proposals are due July 6, 2007 by 3:00 p.m. addressed to the following: Connecticut Clean Energy Fund ATTN: RFP # CCEF-IC-ME-001 200 Corporate Place Rocky Hill, CT 06067 Proposals must address the following sections. 3.2.1. Description of the Organization In no more than one-page, please include the following information: Lead organization – name of the organization, name and title of the project leader, address, contact information, and mission of the organization; Supporting organizations – name of the organizations, name and titles of the project participants, address and contact information, and mission of the organizations; and Organizational brochures and collateral materials – limited to 3 pieces. 3.2.2. Description of Monitoring and Evaluation Experience In no more than 5 pages, please include the following information: Experience in relevant projects by the lead organization including project name, customer, location, length of time on the project, methodology, and results. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 8
  13. 13. RFP Requirements Installed Capacity Programs Experience in relevant projects by the supporting organization(s) including project name, customer, location, length of time on the project, methodology, and results. CV’s of the project leader and participant(s) – no page limit 3.2.3. Formal RFP Response Questions In no more than 3 pages each, please answer the following questions: Given your understanding of this RFP, please describe your methodology for approaching the assessment for installed capacity programs to date. Given your understanding of this RFP, please describe your methodology for approaching the development of a monitoring and evaluation plan for installed capacity programs. Given your understanding of this RFP, please describe your methodology for approaching the development of monitoring reports for installed capacity programs. Given your understanding of this RFP, please describe your methodology for approaching the development of program evaluation reports for installed capacity programs. Complete the following table: Stakeholder What Metrics How Will Data When will Data Who should be Should be for these for these Responsible for Collected Metrics be Metrics be Collecting this Collected Collected Data Legislators Governor Regulators Advisory Board Ratepayers Developers Businesses Discuss the merits of real-time clean energy generation data collection and potential costs and approaches? What role would you anticipate the CCEF playing to support the monitoring and evaluation program requirements in terms of data collection, analysis and reporting? Discuss how co-benefits can be included in this monitoring and evaluation program and how a final cost-benefit ratio might be calculated for installed capacity programs (see Appendix I). 3.2.4. Budget Please include a year-one project budget for each area of assessment based on the following task outline: Connecticut Clean Energy Fund – Monitoring and Evaluation Program 9
  14. 14. RFP Requirements Installed Capacity Programs Tasks Assessment Plan Monitoring Evaluation Total Reports Reports Program Design and Development Data Collection Data Analysis Data Reporting Total Also provide a proposed schedule of deliverables. Please include a project budget for years two and three not including program design and development, assessment, and planning costs, but instead only data collection, analysis, and reporting for program monitoring and evaluation. Please lay out the sub-tasks and budget required under each task area. Please include a year-one project budget for each area of assessment based on the following project cost outline: Project Costs Assessment Plan Monitoring Evaluation Total Reports Reports Labor Travel Meetings Telephone/Postage Materials/Supplies Contingency Total Please include years two and three project cost budgets without the assessment or planning costs. Please include a breakdown of personnel under labor (including hourly rates) for each staff member proposed to be involved in the project. Note: The final totals for the task outline budget and the project cost outline budget above should be equal. 3.2.5. Optional Designs Please indicate any additional monitoring and evaluation concepts or metrics that you believe warrant consideration that would better support CCEF’s installed capacity Connecticut Clean Energy Fund – Monitoring and Evaluation Program 10
  15. 15. RFP Requirements Installed Capacity Programs programs and initiatives. Additional credit will be given for innovative concepts and ideas. 3.2.6. References Please provide 3 references from prior projects that your organization(s) has been involved in relating to: installed capacity monitoring and evaluation programs, clean energy, or other relevant projects you deem appropriate to this RFP. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 11
  16. 16. RFP Evaluation Process Installed Capacity Programs Section 4 - RFP Evaluation Process 4.1. Evaluation Committee CCEF may use CCEF staff, private consultants, or other designated representatives to evaluate the proposals. This group will form the CCEF Evaluating Committee. 4.2. Proposal Evaluation Criteria Proposals will first be screened for completeness. Proposals that are incomplete will be returned promptly. Proposals that are complete shall be evaluated based on the following: a. Connecticut and Clean Energy Market Benefits What are the benefits of the program to the CCEF? Does the proposal provide a turnkey solution for the CCEF’s monitoring and evaluation needs? What are the benefits of the program to the clean energy markets in general? Can the program be replicable and easily implemented? b. Program Evaluation How well the monitoring and evaluation program proposed meets the needs of the goals and objectives for the CCEF’s installed capacity programs and initiatives. How well the monitoring and evaluation program proposed addresses the assessment, plan, monitoring and evaluation needs of the CCEF.. c. Applicant Team Does the team have sufficient experience with monitoring and evaluating installed capacity programs? Is there evidence of a history of good performance on other relevant projects? Is the project’s organizational structure and leadership appropriate enough to ensure program success? d. Cost Evaluation Is the budget reasonable given the funding available for this program? How well does the budget of your proposal compare with that proposed by other RFP submitters? Connecticut Clean Energy Fund – Monitoring and Evaluation Program 12
  17. 17. RFP Standard Conditions Installed Capacity Programs Section 5 - RFP Standard Conditions 5.1. Communications and Questions All communications with respect to this RFP shall be directed to Dale Hedman by means of cefinfo@ctinnovations.com. No other person is authorized to provide information with respect to this RFP and contact with any other employee, officer or member of CI, CCEF or the CCEF Advisory Committee with respect to this RFP is prohibited. Questions and requests for clarification with respect to this RFP must be submitted in writing in accordance with the communications protocol set forth above on or before 4:00 p.m. on June 29, 2007. Responses will be posted on the CCEF Web site at www.ctcleanenergy.com. 5.2. No Commitment – Reserved Rights This RFP is not an offer and neither this RFP nor any subsequent discussion shall give rise to any commitment on the part of CCEF or confer any rights on any proposer unless and until a binding written agreement is executed by CCEF and the proposer. CCEF reserves the right to reject any or all proposals, to waive defects or irregularities in any proposal, to enter into discussions with selected proposers, to discontinue discussions with any proposer at any time and for any reason, to correct inaccurate awards, to change the timing or sequence of activities related to this RFP, to modify, suspend or cancel this RFP, and to condition, modify or otherwise limit awards pursuant to this RFP. 5.3. Proposer’s Cost All costs associated with the preparation of a proposal, any related investigative or due diligence activities and any resulting discussions or negotiations shall be borne by the proposer. 5.4. Proposer Representations By responding, the proposer shall be deemed to have represented and warranted: (1) that the proposal is not made in connection with any competing proposer submitting a separate response to this RFP and is in all respects fair and without collusion or fraud; (2) that the proposer did not participate in the RFP development process and had no knowledge of the specific contents of the RFP prior to its issuance; (3) that no employee of CI or CCEF participated directly or indirectly in the proposer’s proposal preparation; (4) that the proposer has not been convicted of bribery or attempting to bribe a public official or employee of the state, has not been disqualified for contract awards by any agency of the state and is not in default under any contract with an agency of the state; and (5) that the information contained in the proposal is true, accurate and complete and includes all information necessary to insure that the statements therein are not misleading. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 13
  18. 18. RFP Standard Conditions Installed Capacity Programs 5.5. Freedom of Information Act CI is a “public agency” for purposes of the Connecticut Freedom of Information Act (“FOIA”). Accordingly, upon receipt at CI’s office, your proposal or request for financial assistance will be considered a public record and will be subject to disclosure under FOIA. Under General Statutes §1-210(b), FOIA includes exemptions for “trade secrets” and “commercial or financial information given in confidence, not required by statute.” In addition, under General Statutes § 32-40(c), all financial and credit information and all trade secrets contained in an application for financial assistance or obtained by CI concerning any applicant for financial assistance or any project, activity, technology, product or invention is exempt from disclosure under FOIA. Only the particular information falling within one of these exemptions can be withheld by CI if CI receives a FOIA request that encompasses a particular proposal or request for financial assistance. Therefore, a proposer or applicant should specifically identify those particular sentences, paragraphs, pages, sections or exhibits that it claims to be exempt. The proposer or applicant should further provide a statement stating the basis for each claim of exemption. It will not be sufficient to state generally that the proposal is proprietary or confidential in nature and not, therefore, subject to release to third parties. A convincing explanation and rationale sufficient to justify each exemption consistent with General Statutes § 1-210(b) or General Statutes § 32-40(c) must be provided. Proposers and applicants for financial assistance should be aware that: (i) CI has no obligation to notify any proposer or applicant of any FOIA request received by CI; (ii) CI may disclose materials claimed to be exempt if in its judgment such materials do not appear to fall within a statutory exemption; (iii) CI may in its discretion notify proposers of FOIA requests and/or of complaints made to the Freedom of Information Commission concerning items for which an exemption has been claimed, but CI has no obligation to initiate, prosecute or defend any legal proceeding or to seek to secure any protective order or other relief to prevent disclosure of any information pursuant to an FOIA request, (iv) the proposer will have the burden of establishing the availability of any FOIA exemption in any such legal proceeding, and (v) in no event shall CI or any of its officers, directors, or employees have any liability for the disclosure of documents or information in CI’s possession where CI, or such officer, director, or employee, in good faith believes the disclosure to be required under FOIA or other law. In the event of a public records request for a proposal or application for financial assistance, CI may request a version of such proposal from which all information for Connecticut Clean Energy Fund – Monitoring and Evaluation Program 14
  19. 19. RFP Standard Conditions Installed Capacity Programs which an FOIA exemption has been claimed has been redacted. By submitting such a proposal or application, the proposer or applicant agrees to provide such a redacted version upon request by CI. Except for trade secret or other proprietary information identified as such pursuant to the section above dealing with the Freedom of Information Act, CI is not restricted in its right to use or disclose any or all of the information contained in any proposal or application and can do so without compensation to the proposer or applicant, notwithstanding any language in the proposal or application to the contrary. Except as otherwise expressly provided in an agreement with CI, all work products developed under a contract awarded as a result of this RFP shall be the sole property of CI. 5.6. Use of Information and Ownership of Work Product Except for trade secret or other proprietary information identified as such pursuant to the section above dealing with the Freedom of Information Act, CCEF is not restricted in its right to use or disclose any or all of the information contained in any proposal and can do so without compensation to the proposer, notwithstanding any language in the proposal to the contrary. Except as otherwise expressly provided in an agreement with CCEF, all work product developed under a contract awarded as a result of this RFP shall be the sole property of CCEF. 5.7. State Contracting Requirements This RFP and any contract awarded pursuant to this RFP shall be subject to and incorporate all applicable legal requirements arising under federal or state law, including applicable state statutes and Executive Orders relating to maintenance and examination of records, non-discrimination, the Americans with Disabilities Act, violence in the workplace and whistleblower protection. A more complete description of such state contracting requirements is available on request directed to CCEF in accordance with the communications protocol set forth above. Connecticut Clean Energy Fund – Monitoring and Evaluation Program 15
  20. 20. RFP Standard Conditions Installed Capacity Programs Section 6 - Appendix I – Co-Benefits Chart Connecticut Clean Energy Fund – Monitoring and Evaluation Program 16

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