ACCESSolar Questions and Answers

Session 2 (6/16/2023)

Q19: [Would] [redacted] have conflicts of interest issues if we work with them? I saw on page 48 of the RFP saying that current or former employees of the City or NYCHA have certain restrictions on post-employment business relationships and should consult the City Charter's provisions and disclose potential conflicts of interest. What kind of restrictions could there be, and would [redacted] fall under that category?

A19: A high-level summary of the provisions of NYC’s Conflicts of Interest law is available on the New York City Conflicts of Interest Board (COIB) website (About COIB - COIB (nyc.gov)) here: two-pg-guide.pdf (nyc.gov). Proposers are particularly encouraged to review items 19 (Post—Employment Communication Ban) and 20 (Post-Employment Particular Matter Bar). Proposers are responsible for determining whether these provisions apply to any individuals within their teams, and for complying with the Conflicts of Interest Law. If you have further questions, you are welcome to reach out to COIB to obtain a letter ruling regarding the specifics of your situation.

Q20: Will bidders be allowed to propose onsite storage added to the PV solar? If so, what are the requirements, parameters and the process for that?

A20: Proposers may include a battery storage component in their Proposal but should not assume that approval will be guaranteed. Please refer to NYCHA’s answer to Question 15 in the first round of Q&A for guidance on including on-site battery storage in your Proposal. In addition to the guidance provided in the answer cited above, please specifically note that any battery energy storage system that requires the use of building grounds will be subject to enhanced requirements for resident outreach and approval.

Q21: Does the lease offer become public and how is confidential information handled?

A21: Proposers should identify any information that should remain confidential in their Proposal; please see section 5.8 (“Confidentiality”) starting on page 33 for more information. Certain high-level provisions of accepted Proposals and signed Leases may be publicized by NYCHA, and final accepted Proposals will be attached to the Lease that Lessee signs with NYCHA; NYCHA does not plan on publicizing the details of submitted Proposals otherwise.

Q22: If the roof needs to be replaced, do we remove and then reinstall the systems? Are we responsible for rooftop repairs?

A22: NYCHA has attempted to identify roofs with active warranties that are not expected to need replacement for many years. However, there may be circumstances (such as emergency re-roofing) where removal and replacement of the solar systems are unavoidable. The Lease Agreement template lays out the procedures that are followed in that case.

Lessees are responsible for their own solar PV systems, for ensuring that roof warranties are fully maintained post-construction, and for any damage that their solar PV system may cause to the roof, façade, or any other part of the host building.

Q23: Around coordination with roofing manufacturers, does NYCHA have that info available for all sites, as we're supposed to price in working with roof manufacturers and get signatures from them?

A23: Information on roofing manufacturers can be found in the roof warranties that NYCHA has on file (or will have on file, in the case of developments where roof work is currently finishing construction and/or is in closeout). NYCHA will cooperate with Lessee to identify and provide any other info necessary for Lessee’s maintenance of roof warranties.