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AUSTRALIAN CAPITAL TERRITORY NEXT GENERATION ENERGY STORAGE GRANTS PROGRAM GUIDELINES MAY 2019 SUBMISSIONS CLOSE 2 JUNE 2019

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  • AUSTRALIAN CAPITAL TERRITORY NEXT GENERATION ENERGY STORAGE GRANTS PROGRAM GUIDELINES

    MAY 2019

    SUBMISSIONS CLOSE 2 JUNE 2019

  • © Australian Capital Territory, Canberra 2019This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from:

    Director-General, Environment, Planning and Sustainable Development Directorate, ACT Government, GPO Box 158, Canberra ACT 2601.

    Telephone: 02 6207 1923 Website: www.environment.act.gov.au

    FundingThis funding round is under an ongoing grants program. The ACT Government encourages interested parties to actively participate in, and provide information and feedback through, the Question & Answer (Q&A) process to improve the parameters and processes of this and future funding rounds. Addenda and other information will be published on www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables. See section 7 for requirements relating to lodgement of Proposals.

    Acknowledgement of CountryThe Environment, Planning and Sustainable Development Directorate acknowledges the Australian Aboriginal and Torres Strait Islander peoples of this nation. We acknowledge and pay our respects to Elders, past, present and future of the Ngunnawal people as the traditional custodians of the lands on which our Directorate is located and where we conduct our business. We recognise the significant contribution of the Ngunnawal people and neighbouring Nations—the Ngambri, Ngarigo, Wolgalu, Gundungurra, Yuin and Wiradjuri to the Canberra region. For thousands of years these Nations have maintained a tangible and intangible cultural, social, environmental, spiritual and economic connection to these lands and waters.

    PrivacyAny personal information received in the course of your submission will be used only for the purposes of this community engagement process. All or part of any submissions may be published on an ACT Government website or included in any subsequent consultation report. However, while names of organisations may be included, all individuals will be de-identified unless prior approval is gained.

    AccessibilityThe ACT Government is committed to making its information, services, events and venues as accessible as possible.

    If you have difficulty reading a standard printed document and would like to receive this publication in an alternative format, such as large print, please phone Access Canberra on 13 22 81 or email the Environment, Planning and Sustainable Development Directorate at [email protected]

    If English is not your first language and you require a translating and interpreting service, please phone 13 14 50.

    If you are deaf, or have a speech or hearing impairment, and need the teletypewriter service, please phone 13 36 77 and ask for Access Canberra on 13 22 81.

    For speak and listen users, please phone 1300 555 727 and ask for Canberra Connect on 13 22 81.

    For more information on these services visit http://www.relayservice.com.au

    PRINTED ON RECYCLED PAPER

  • PROGRAM GUIDELINES 3

    CONTENTS1. DEFINITIONS .............................................................52. OVERVIEW ..................................................................8

    Objectives ................................................................................8

    Background .............................................................................8

    Distributed energy storage ...................................................8

    Purpose of these Program Guidelines ...............................9

    Disclaimer ................................................................................9

    Further terms and conditions for participation in this funding round .......................................................... 10

    3. FUNDING ROUND...................................................11Key elements of this funding round ................................ 11

    Payments, reporting and data collection ....................... 12

    Terms and conditions of participation ........................... 13

    Conditions of Entitlement ................................................. 13

    Access to customer premises in the ACT and approvals .............................................................. 14

    4. EVALUATION PROCESSES ....................................15Process summary ................................................................ 15

    Request further information ............................................. 17

    Eligibility and Evaluation Criteria ..................................... 17

    Closing time and date for submission and other milestones ......................................................... 17

    5. GUIDE TO ELIGIBILITY AND EVALUATION CRITERIA ................................18General .................................................................................. 18

    Proponent Eligibility Criteria (EL 1 to 8) – For New Proponents .................................... 18

    Proponent Eligibility Criteria (EL 1-8) – For Existing Proponents ........................................................................... 20

    Proponent Eligibility Criteria (EL 9) – For All Proponents .............................................................. 20

    Proposal Evaluation Criteria 1 (EV 1) – Maximum grant price – For All Proponents ................................................. 20

    Proposal Evaluation Criteria 2 (EV 2) – ACT local benefits – For All Proponents ........................................... 20

    Proposal Evaluation Criteria 3 (EV 3) – Execution risk – For All Proponents .............................................................. 21

    6. GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE GRANTS PROCESS ......23Obtaining approvals ........................................................... 23

    No warranties or representations arise from evaluation of a Proposal ................................ 23

    Transfer of Deed of Grant ................................................... 23

    Clarifications and requests for further information ..... 24

    Late receipt of Proposals ................................................... 24

    Authority to seek further information ............................ 24

    Ineligible Proposals ............................................................ 24

    Addenda ................................................................................ 25

    Ownership of Proposal documents ................................ 25

    Price basis, English language and Standard International (SI) units ...................................... 25

    Confidentiality ..................................................................... 26

    Costs of preparing and submitting Proposals .............. 26

    Conflicts of interest or collusion ...................................... 27

    Insurance ............................................................................... 27

    7. LODGING A PROPOSAL .........................................28Proposal documentation – For All Proponents ............ 28

    Proposal documentation – For New Proponents ........ 28

    Proposal documentation – For Existing Proponents .. 29

    Publication of Questions & Answers ............................... 29

  • PROGRAM GUIDELINES 5

    1. DEFINITIONS1.1 The following provides a list of terms and their definitions:

    TERM DEFINITION

    ACT or Australian Capital Territory

    means the region of the Australian Capital Territory in a geographical sense.

    Assessment Panel means an assessment panel(s) established to advise and make recommendations to the Minister with respect to the granting of Deeds of Grant in accordance with these Program Guidelines.

    Automatic Grant Re-allocation Process

    means the process for re-allocating the Unused Grant Amount.

    Certified Installation means an Eligible Energy Storage System: a. comprising only components that have not been part of a Granted Installation; and

    b. has been installed in accordance with the Safety Management and Installation Guide.

    Closing Date means 11.59 pm (Canberra time), 2 June 2019, for receipt of submissions by the ACT Government for this funding round. Refer to section 7 for more details regarding submission of Proposals.

    Competitive Grant Process

    means a process whereby all Proposals, submitted and received during the submission period, are competitively evaluated as a single round of grants and may result in the award of any one or more Deeds of Grant, as determined by the ACT Government from time to time.

    Data Specification means Schedule 4 of the Deed of Grant, available at https://www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables, as updated by the ACT Government from time to time. This specification sets out the requirements for data collection, management and use under the Program.

    Deed of Grant means the Deed with the Territory that Successful Proponents will be required to enter into as a condition of receiving any Grant Payment Amounts.

    Electricity Network has the same meaning as Network as defined in the National Electricity Rules.Eligibility Criteria (EL) means the Proponent Eligibility Criteria and the Proposal Eligibility Criteria.Eligible Energy Storage System

    means an Energy Storage Device installed in accordance with the Safety Management and Installation Guide.

    Energy Storage Device means a device capable of repeatedly storing and releasing electrical energy, and utilises technology experiencing steep cost reductions over time.

    Energy Storage System means a system comprising an Energy Storage Device connected to, and working in concert with, an inverter.

    Evaluation Criteria (EV) means the Proposal Evaluation Criteria.Evoenergy means the joint venture between Icon Water and Jemena Networks (ACT) Pty Ltd

    providing electricity distribution services in relation to the electricity network in the ACT.

    Excel Invoicing Form means an Excel spreadsheet detailing all Certified Installations in accordance with the Safety Management and Installation Guide.

    Existing Proponent means a Proponent that has a current Deed of Grant with the ACT Government that was entered into under a previous funding round.

    Government means the Government of the ACT unless specified otherwise.

  • 6 NEXT GENERATION ENERGY STORAGE GRANTS

    TERM DEFINITION

    Grant Payment Amount means the amount provided to a Successful Proponent in response to a Grant Payment Request and its verification by the ACT Government.

    Note: Once a Certified Installation has been subject to a Grant Payment Amount it becomes a Granted Installation.

    Grant Payment Request means a request for a Grant Payment made in accordance with the Safety Management and Installation Guide.

    Grant Period means the period commencing from the date of the Deed of Grant.Granted Installation means a Certified Installation that has been subject to a Grant Payment Amount.Interval Data means data that is collected by a Certified Installation on a regular/periodic basis, as

    specified in the Proponent’s Deed of Grant.

    Maximum Grant Price means: 1. in relation to a Proposal, the maximum price per kilowatt Sustained Peak Output of

    a Certified Installation sought by a Proponent. Proponents may seek to recover any amount up to the Maximum Grant Price for each Certified Installation; and

    2. in relation to a Deed of Grant, the maximum price per kilowatt awarded under a Deed of Grant to a Successful Proponent.

    Note: The Territory may, after the evaluation of proposals is completed, decide to normalise Maximum Grant prices between proponents (at any level based on the highest, average or other metric relating to successful Maximum Grant Prices).

    Minister means the Minister for Climate Change and Sustainability or his/her delegate.MW means one megawatt, the unit of electrical power.MWh means one megawatt hour of electricity, the unit of electrical energy.National Electricity Law means the National Electricity Law set out in the schedule to the National Electricity

    (South Australia) Act 1996 (SA) and applied as a law of the Australian Capital Territory by the Electricity (National Scheme) Act 1997.

    National Electricity Rules means the national electricity rules established under the National Electricity Law.NEM or National Electricity Market

    means the National Electricity Market established under the National Electricity Law.

    Network Service Provider has the same meaning as in the National Electricity Rules.New Installed Capacity means the aggregate amount of Certified Installations since the Successful Proponent’s

    previous Grant Payment Request as measured by aggregate Sustained Peak Output of the Certified Installations (in kW).

    New Proponent means a Proponent who does not have a current Deed of Grant with the ACT Government under the Next Generation Energy Storage Program.

    Non-certified Installation means an installation of an Eligible Energy Storage System that:1. has received an Evoenergy Connection Agreement;

    2. has received a Certificate of Electrical Safety; and

    3. has been approved by Access Canberra; but

    4. is yet to be connected by Evoenergy.

    Person means a legal person and includes a company.Pre-payment means an initial amount of up to $40,000 accruing to Successful Proponents upon

    entering a Deed of Grant with the ACT Government.

    Program Guidelines means this document including all attachments, addenda and amendments.

  • PROGRAM GUIDELINES 7

    TERM DEFINITION

    Proponent means a person who has submitted a Proposal, or intends to submit a Proposal, to receive Deed of Grant in the funding round established under these Program Guidelines.

    Proposal means a proposal submitted in this funding round to receive a Deed of Grant and where the context includes all matters relating to the Proponent relevant to Proposal Eligibility and Evaluation Criteria.

    Proposal Form means the form used by Proponents to set out their Proposal, being a Next Generation Energy Storage Grants Proposal Form (Attachment A to the Program Guidelines).

    Related Entity has the meaning given by the Corporations Act 2001 (Cth).Required Data Collection means data collected in accordance with paragraph 3.17-3.22.Safety Management and Installation Guide

    means Schedule 5 of the Deed of Grant, available at www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables, as updated by the Government from time to time, which outlines installation and reporting requirements that must be met for Energy Storage Systems to be eligible to receive a Grant Payment Amount.

    Secretariat means the administrative support team within the Environment, Planning and Sustainable Development Directorate that has responsibility for administration of this funding round.

    Solar Generation System means a solar photovoltaic system capable of producing electricity.Submission Period means the period during which the ACT Government will receive Proposals under this

    funding round, concluding on the Closing Date.

    Successful Proponent means a Proponent that has entered into a Deed of Grant with the ACT Government under this funding round.

    Sustained Peak Output for an individual Energy Storage System, means the minimum (in kW), as reported by the manufacturer, of either:

    1. continuous power delivery over a 1 hour period, from 100% state of charge, and at the manufacturers standard temperature for the Energy Storage Device(s); or

    2. the maximum rated sustained output of the Inverter for a period of no less than one hour as measured at the network connection side of the inverter.

    Territory means the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth).

    Total Grant Amount means the maximum aggregate amount the Proponent may receive in relation to a Deed of Grant relating to this funding round, and includes both the Pre-payment and all Grant Payment Amounts.

    Unused Grant Amount means the Total Grant Amount not contracted in sales to customers by the proponent at any stage, where a ‘sale’ constitutes a signed contract with a customer, with a deposit taken.

  • 8 NEXT GENERATION ENERGY STORAGE GRANTS

    2. OVERVIEW

    OBJECTIVES2.1. Through a scaled, multi-year program of funding rounds, the ACT Government will support the uptake of

    distributed energy storage across the Territory; drive the development of ACT-based energy storage industry, research and training; and extend its national leadership position in renewables.

    BACKGROUND2.2. The ACT Government is a strong supporter of renewable energy, and is committed to positioning the Territory

    as an export-oriented hub for renewable energy innovation and investment. The ACT is an advanced knowledge economy with Australia’s most ambitious and well developed programs of renewable energy investment and industry development.

    2.3. The ACT Government is committed to encouraging the generation and use of renewable energy in pursuit of its energy and greenhouse gas abatement targets, and is on track to achieve its targets of 100% renewable electricity and 40% reduction on 1990-level emissions by 2020.

    2.4. The Territory’s renewable energy auctions have already driven over $1.5 billion in infrastructure development, producing in excess of $500 million in local investment benefits, creating new research and training opportunities at the Australian National University (ANU) and the Canberra Institute of Technology (CIT). We are attracting renewable energy businesses to the Territory, providing funding support and a dedicated co-working space for innovative local renewable energy businesses, and undertaking cutting edge technology demonstration projects, all while delivering renewable energy to Canberra households at record low prices and reducing greenhouse gas emissions.

    DISTRIBUTED ENERGY STORAGE2.5. Distributed energy storage represents a transformative technology capable of revolutionising the energy

    industry.

    2.6. Distributed energy storage can reduce and rationalise costly network capacity building and upgrades. It can address issues of reliability, dynamic intermittency and unintended voltage fluctuations caused by increased penetration of centralised and distributed renewable energy generation. In turn, it will enable the transition to much higher penetration levels of renewables – a shift required to decarbonise global electricity supplies and mitigate dangerous climate change.

    2.7. Recognising the significant emerging opportunity in distributed storage, the ACT launched the Next Generation Energy Storage program in December 2015, commencing with the Next Generation Energy Storage Grants Round 1 (the Pilot), which was followed by Round 2 in June 2016, and Round 3 in December 2017.

    2.8. This funding round represents the next stage in a multi-year roll-out plan supported by $25 million in grant funding. Through this fourth funding round the Government will award significant funding, through Deeds of Grant, for the installation of Eligible Energy Storage Systems across the ACT within the Grant Period.

  • PROGRAM GUIDELINES 9

    2.9. Installers of distributed Eligible Energy Storage Systems are invited to participate in this funding round that will be undertaken in accordance with these Program Guidelines.

    2.10. The intended outcome of this funding round is that the Minister will, subject to these Program Guidelines, provide Deeds of Grant for Certified Installations of Eligible Energy Storage Systems in the ACT to Proposals that offer the greatest value for money to the Territory when assessed against the Evaluation Criteria set out in these Program Guidelines.

    PURPOSE OF THESE PROGRAM GUIDELINES2.11. These Program Guidelines:

    1. outline and explain the requirements for the award of a Deed of Grant;

    2. establish terms and conditions for participation in the funding round; and

    3. call for Proposals for the installation of Eligible Energy Storage Systems in the ACT from Eligible Entities seeking a Maximum Grant Price (per kW Peak Sustained Output) of New Installed Capacity under this funding round.

    DISCLAIMER2.12. By participating in this funding round, Proponents agree to be bound by the terms and conditions of the funding

    round as set out in the Program Guidelines, including this disclaimer and the general terms and conditions of participation.

    2.13. While these Program Guidelines and any information supplied by the Territory (including its authorities and bodies), or the Minister, as part of this funding round, is prepared with care, the Territory does not warrant or represent that such information is free from inaccuracy, error or omission. Neither the Territory, nor any of its officers or agents, shall be liable to any person with respect to:

    1. statements made, or information given in, or in relation to these Program Guidelines or for delay in providing any information; or

    2. the granting (or not granting) of any approvals or authorisations of any kind which a person may seek or require in relation to their Proposal, including in connection with any delay caused by the Territory or others in providing any approval or authority.

    2.14. Neither the Territory, nor any of its officers or agents will be liable for any costs, losses or damage that any person claims or suffers as a result of relying on information provided or in relation to the grant, or non-grant of any approval or authority.

    2.15. These Program Guidelines are not intended to contain all information relevant to a Proponent preparing a Proposal. Proponents are required to undertake their own enquiries and investigations and independently assess any information provided that they may choose to rely on in preparation and submission of their Proposals.

  • 10 NEXT GENERATION ENERGY STORAGE GRANTS

    2.16. In preparing and submitting a Proposal, Proponents acknowledge that they:

    1. have made and relied upon their own enquiries and obtained independent advice, where appropriate, regarding any information provided to them affecting their Proposal; and

    2. are satisfied, for their own purposes, about the correctness, accuracy and sufficiency of the information provided (including to the extent necessary to address the criteria) based on independent advice obtained and their own enquiries and assessment.

    2.17. Proponents may be required to seek information or approvals from third parties, including Commonwealth and ACT Government owned or operated bodies and authorities as well those of other jurisdictions. The Territory accepts no responsibility, and Proponents will have no claim in relation to, the accuracy or completeness of any information provided, or for failing to, or causing delay in a Proponent being provided with any information or approval sought from any third parties. It is the sole responsibility of a Proponent to ensure that any information, or assistance provided or required, is appropriate and obtained within time to allow submission of a Proposal by the relevant closing date.

    FURTHER TERMS AND CONDITIONS FOR PARTICIPATION IN THIS FUNDING ROUND2.18. The Minister, or delegate, may determine that such further terms and conditions will apply to the funding round

    established by these Program Guidelines as considered appropriate for the fair and equitable conduct of the auction and for the protection of the interests of the Territory and successful achievement of the objectives of the program (see further below in Section 6.13 regarding Addenda).

  • PROGRAM GUIDELINES 11

    3. FUNDING ROUND

    KEY ELEMENTS OF THIS FUNDING ROUNDPROPOSALS3.1. This funding round seeks Proposals for the installation of an Eligible Energy Storage Systems to be installed in

    households or businesses in the ACT.

    3.2. Proposals must specify a Maximum Grant Price per kW of Sustained Peak Output for Certified Installations of Eligible Energy Storage Systems. Proposals that have a low, but well justified grant price, will be favoured.

    3.3. Proponents must propose a Total Grant Amount.

    3.4. In addition to specifying a Maximum Grant Price, Proposals must also address Evaluation Criteria in relation to execution risk and contribution to ACT renewable energy industry development priorities. Proposals that have a low execution risks and offer substantial local industry development benefits will be favoured.

    3.5. Existing Proponents may submit a short form Proposal as outlined in section 7 of these Program Guidelines.

    3.6. A Proponent must submit only one Proposal. A proponent will be awarded a maximum of one grant, if successful.

    ENERGY STORAGE SYSTEMS THAT MAY BE PROPOSED3.7. Information on the Eligible Energy Storage Systems that may be proposed through this funding round is set out

    in the Safety Management and Installation Guide provided at Schedule 5 to the Deed of Grant (Attachment D to the Program Guidelines) and available at www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables. The Safety Management and Installation Guide may be updated by the Government from time to time.

    3.8. Successful Proponents may only install Energy Storage System equipment nominated under the Proponent’s proposal or otherwise listed on the Next Gen Device Registry. Successful Proponents may request new devices to be added to the Next Gen Device Registry by completing a new device form. The Next Gen Device Registry and new device form may be accessed at: www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables.

  • 12 NEXT GENERATION ENERGY STORAGE GRANTS

    PAYMENTS, REPORTING AND DATA COLLECTION3.9. Upon execution of a Deed of Grant with the Territory, successful New Proponents may receive a Pre-payment of

    up to $40,000. This is to be used for agreed establishment costs, or to be put towards the installation of Eligible Energy Storage Systems. Pre-payment amounts are netted from a Proponent’s Total Grant Amount.

    3.10. Existing Proponents are not eligible to receive a Pre-payment.

    3.11. Successful Proponents will then receive Grant Payments on a monthly basis following the installation and certification of an Eligible Energy Storage System.

    3.12. Proponents will have the Grant Period and an additional three (3) months or more ogram Guidelinesrequired to submit a short form round.ation needed from New and Existing Proponentsr need to be registerfrom the signing of the Deed of Grant, unless otherwise agreed with the Territory, to complete their proposed installations.

    3.13. The aggregate of the Pre-payment and all Grant Payments over the Grant Period will not exceed the Total Grant Amount per the Proponent’s Proposal.

    3.14. Successful Proponents will report to the Territory, within five (5) business days of the beginning of each calendar month, the contracted sales, installations and Certified Installations for the previous calendar month, using the template provided by the Territory. This should be provided in conjunction with each Grant Payment Request (see 3.13 and 3.14), or by itself should no Grant Payment Request be required.

    GRANT PAYMENT REQUESTS3.15. To be eligible to receive a Grant Payment Amount from the ACT Government, the Successful Proponent must

    submit a Grant Payment Request as outlined in further detail in the Safety Management and Installation Guide, including the information outlined at Appendix IV to the Safety Management and Installation Guide.

    3.16. A Grant Payment Request may be made no more than once per month.

    AUTOMATIC RE-ALLOCATION OF UNUSED GRANT AMOUNTS3.17. The Territory is seeking to ensure that the Total Grant Amount available to all proponents is expended efficiently

    and effectively in accordance with its policy objectives. As such, it has developed a mechanism to reallocate Unused Grant Amounts between proponents on the basis of demonstrated sales performance.

    3.18. The Automatic Grant Re-allocation process, and the obligations of parties in that process, is set out in section 2.3 of the Deed of Grant.

    REQUIRED DATA COLLECTION3.19. Accelerating the development of new high-value products to market will be underpinned by collaboration

    between government, business and the ACT’s research community. To support this, a key objective of the Government’s Next Generation Energy Storage Program is to generate real-world data on Energy Storage System installation practices, costs and system performance that can be analysed to identify opportunities to improve consumer outcomes and uptake rates for energy storage businesses.

    3.20. As part of its approach to industry development, the ACT Government will be engaging with Tertiary research institutions and trades training organisations to provide a cluster of research and training activities in the Territory.

  • PROGRAM GUIDELINES 13

    3.21. Accordingly, Proponents must commit to collect data and share it periodically with the ACT Government, researchers, and other participants in this and future Next Generation Energy Storage Grants rounds. The detailed requirements are outlined in the Data Specification, provided at Schedule 4 to the Deed of Grant (Attachment C to the Program Guidelines and available at: www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables. The detailed requirements may be updated by the Government from time to time.

    3.22. In particular, Proponents should outline in their Proposals how their proposed Energy Storage System will collect 5 minute interval data, as a minimum, in accordance with Schedules D and G of the Data Specification. This should also be summarised in Part C of the Proposal Form.

    3.23. For each Eligible Energy Storage System installed, Successful Proponents must also collect and retain, for no less than seven years, copies of Installation Data as outlined in Appendix V to the Safety Management and Installation Guide.

    3.24. Successful Proponents must retain copies of all Installation Data and certification/approval documentation. Successful Proponents are not required to provide copies of this data to the ACT Government to make a Grant Payment Request. Successful Proponents must, however, be able to provide the data within five (5) business days of a request from the ACT Government.

    TERMS AND CONDITIONS OF PARTICIPATIONCONDITIONS OF THIS FUNDING ROUND3.25. All Proponents seeking to receive a Deed of Grant must submit Proposals that satisfy the Eligibility Criteria.

    Proposals that meet the Eligibility Criteria will be assessed in accordance with the evaluation processes outlined in Part 4 of these Program Guidelines.

    3.26. It is a condition of participating in this funding round that Proponents comply with all of the requirements set out in these Program Guidelines, including the general terms and conditions of participation set out under part 6 of these Program Guidelines.

    3.27. The Minister may decide not to award any Deed of Grants if no Proposals are assessed by the Minister as offering value for money in accordance with this funding round.

    CONDITIONS OF ENTITLEMENTAGREEMENT TO A DEED OF GRANT3.28. Without limitation, the Minister will impose conditions in the Deed of Grant that require Successful Proponents

    to implement their Proposals and achieve key milestones in accordance with the timelines indicated in their Proposals.

    3.29. For Successful Proponents, these conditions will be set out in the Deed of Grant (as set out in Attachment B).

    1. It is a condition of this funding round that Proponents are willing to, in relation to any Proposal submitted:

    2. enter into the Deed of Grant with the Territory, without variation; and

    3.30. accept, as legal obligations under the Deed of Grant, any claim made by the Proponent as part of its Proposal.

  • 14 NEXT GENERATION ENERGY STORAGE GRANTS

    3.31. Proponents should note that failure to meet a condition of the Deed of Grant may prevent a Proponent from receiving further Grant Payments under the Deed of Grant. Proponents carry all risks for ensuring claims made in relation to their Proposals can be, and are, adhered to.

    3.32. Proponents should note they will need to adhere to the Safety Management and Installation Guide provided at Schedule 5 to the Deed of Grant (Attachment D to the Program Guidelines)

    SELECTED PROPONENTS TO BE GIVEN OPPORTUNITY TO REVIEW INSTRUMENT AND DEED3.33. After completion of the evaluation process, selected Proponent(s) will be notified by the Territory that the

    Minister intends to award the Proponent with a Deed of Grant, subject to execution by the Proponent of a Deed of Grant on terms satisfactory to the Minister. At that stage, Successful Proponents will be provided with a draft Deed of Grant, incorporating the terms and conditions of the version of the Deed of Grant attached to these Program Guidelines, or as subsequently amended prior to the closing of the Submission Period, but with all schedules completed by the Territory to reflect the relevant details of the Proponent’s specific Proposal including relevant timelines and milestones, and any claims made by the Proponent in their Proposal.

    3.34. The Proponent will, in accordance with this funding round, be given an opportunity to review the schedules of the draft Deed of Grant, as prepared by the Territory, and to provide comment on whether the Proponent considers that the draft schedules are consistent with all relevant aspects of the Proponent’s Proposal.

    3.35. Clauses of the attached version of the Deed of Grant are mandatory provisions and the Territory will not accept any amendments that are sought to be made by a Proponent to those clauses.

    3.36. The Territory will not accept any amendments sought to be made by a Proponent to the schedules of the draft Deed (as prepared by the Territory) that are inconsistent with a Proponent’s Proposal or which may, in the Territory’s opinion, fail to sufficiently guard against risks to the Territory, including any risks that a Proposal will not be successfully implemented.

    ACCESS TO CUSTOMER PREMISES IN THE ACT AND APPROVALS3.37. As part of a Proposal, Proponents must detail the sales and marketing strategy for raising awareness and driving

    sales of Eligible Energy Storage Systems as per the Program Guidelines, and an indicative timeline of activities to deliver against the award of a Deed of Grant. This is to be set out in as an attachment to the Proposal Form.

    3.38. Proponents must undertake their own sales and marketing strategy, and secure access to customer premises, install and connect systems, and procure relevant accreditation and certifications for installed systems. Proponents must be signatories to and comply with the Clean Energy Council (CEC) Retailer Code of Conduct for the provision of consumer information.

    3.39. Proponents are required to obtain any necessary authorisations or approvals required to implement the Proposal at customer premises in accordance with all applicable laws and policies.

  • PROGRAM GUIDELINES 15

    4. EVALUATION PROCESSES

    PROCESS SUMMARYDECISION BY THE MINISTER 4.1. The Minister for Climate Change and Sustainability will, in accordance with these Program Guidelines and having

    regard to the recommendations of the Assessment Panel, make the final decision regarding the award of a Deed of Grant.

    4.2. The selection of Proposals for a Deed of Grant will be undertaken by the Minister for Climate Change and Sustainability in accordance with the evaluation process set out in these Program Guidelines.

    4.3. Consultants may be used, as required, to inform the decision of the Minister and assessments undertaken by an Assessment Panel. This may include, but in no way be limited to, undertaking due-diligence assessments of Proposals; analysis of sales and marketing strategies, financial models, technology performance and safety matters; and verification of claims by Proponents against Eligibility and Evaluation Criteria.

    4.4. The funding round will be supported by a Secretariat within the Environment, Planning and Sustainable Development Directorate that will provide a point of contact with Proponents as well as administrative support and a range of functions related to the evaluation of Proposals. The Secretariat will also be responsible for finalising the Deeds of Grant with successful Proponents.

    EVALUATION PROCESSES4.5. Figure 1 provides a summary of the process for evaluating Proposals submitted under the Next Generation

    Energy Storage Grants Round. Note proposals may not be accepted if they are late or contain costs and prices that are subject to variation, such as fluctuations in foreign exchange rates.

    4.6. Depending on the number of Proposals received, the Territory reserves the right to shortlist Proposals based only on the information provided in the Proposal Form (Attachment A). If this right is exercised, at the Territory’s absolute discretion, Proposals that do not make the shortlist may not be considered for further assessment. All shortlisted Proposals (including all attachments) will be further assessed in detail against the Evaluation Criteria.

  • 16 NEXT GENERATION ENERGY STORAGE GRANTS

    Figure 1: Summary of evaluation process

  • PROGRAM GUIDELINES 17

    REQUEST FURTHER INFORMATION4.7. The Territory may seek further information from a Proponent about a Proposal at any stage of the evaluation

    process.

    4.8. The Minister may seek to negotiate with a Proponent about any aspect of a Proponent’s Proposal.

    ELIGIBILITY AND EVALUATION CRITERIA4.9. Proponents must ensure their Proposals comply with all Proponent Eligibility Criteria listed in the Proposal Form

    (see Attachment A).

    4.10. Table 1: Proposal Evaluation Criteria and weightings. These are discussed further in Proposal Evaluation Criteria from paragraphs 5.17 to 5.32 of these Program Guidelines.

    PROPOSAL EVALUATION CRITERIA WEIGHTING

    EV1 Proposed Maximum Grant Price per kW (AUD, ex GST) unweighted

    EV2 ACT local benefits 50%

    EV3 Execution risks 50%

    CLOSING TIME AND DATE FOR SUBMISSION AND OTHER MILESTONES4.11. Table 2: Funding round milestones

    MILESTONE DATE

    Industry announcement 6 May 2019

    Funding Round Release Date 6 May 2019

    Industry Briefing at the Renewables Innovation Hub, 19-23 Moore Street, Turner ACT 2612

    5-7pm (Canberra time), 20 May 2019

    Closing Date for receipt of Proposal Form(s) and specified attachments

    11.59 pm (Canberra time), 2 June 2019

    Outcome of Proposal assessment announced (estimated) 31 July 2019

  • 18 NEXT GENERATION ENERGY STORAGE GRANTS

    5. GUIDE TO ELIGIBILITY AND EVALUATION CRITERIA

    GENERAL5.1. Proposals that do not meet the Eligibility Criteria or fail to adequately and/or clearly address each of the

    Weighted Criteria will be regarded as non-conforming and may, in the Territory’s absolute discretion, not be considered for further assessment against any remaining criteria.

    5.2. Proponents must submit Proposals that address each of the Evaluation Criteria. Proposals will be assessed against the Evaluation Criteria. It is the responsibility of a Proponent to ensure that its Proposal adequately addresses each of the relevant Eligibility and Evaluation Criteria.

    5.3. Details of Proposals submitted may be made into conditions of a Deed of Grant for Successful Proponents. Any commitments made by Proponents in a Proposal, including the value of the proposed Maximum Grant Price, therefore need to be clear and unconditional. It is intended that the evaluation process may be concluded, and a Deed of Grant awarded, without further discussion or negotiation with Proponents.

    5.4. Proposals that are determined to be overly conditional or unclear in their commitments will be assessed poorly against the criteria and may be excluded from further consideration in the funding round.

    5.5. The Territory will consider the performance of Proponents who were successful in previous grants rounds, and Proponents’ responses to any feedback provided by the Territory, when evaluating proposals.

    5.6. The ACT Government must receive Proponents’ completed Proposal Forms and any other supporting documentation requested in the forms, by the Closing Date. A Proposal Form that is received after the Closing Date, or is in any way incomplete, including in relation to required supporting documentation, may not be accepted, as outlined in Figure 1.

    PROPONENT ELIGIBILITY CRITERIA (EL 1 TO 8) – FOR NEW PROPONENTS 5.7. Paragraphs 5.8 to 5.16 should be read in conjunction with Part B of the Proposal Form.

    5.8. In relation to Eligibility Criteria 1 to 5 (EL 1-5), New Proponents will submit a completed Proposal Form, for each Proposal as a self-assessment of compliance with each of these Eligibility Criteria. The Territory may make enquiries with the Proponent or third parties to confirm compliance.

    5.9. The New Proponent will, if successful, sign a Deed of Grant and will be the sole entity responsible for fulfilment of any terms and conditions in the Deed of Grant. Proponents that are unincorporated joint venture or consortiums of multiple legal entities will not be accepted. No Related Entity of a Proponent, or other legal entity, that is not the entity named as a Proponent in response to this funding round, will be eligible to receive a Deed of Grant.

    5.10. More information in relation to EL5 is available from www.wgea.gov.au.

  • PROGRAM GUIDELINES 19

    5.11. In relation to EL6, successful New Proponents must commit to establish an office in the ACT while installing Eligible Energy Systems under a Deed of Grant. As a minimum, customer sales and support as well as Deed of Grant management must be led from this office. Note: a commitment to expanding on this range of functions, in line with the Territories renewable energy industry development priorities will be assessed favourably in relation to Evaluation Criteria 2 (Local Investment).

    5.12. New Proponents will complete and submit a full Proposal Form, including all attachments as described in the respective forms, addressing all the requirements of this funding round, for one Proposal only, to demonstrate compliance with this eligibility criterion.

    5.13. Further details of the requirements for lodgement of Proposals are provided in section 7 of these Program Guidelines.

    5.14. In relation to Eligibility Criteria 8.1-8.8 (EL 8.1-8.8), Proponents must confirm their compliance with this eligibility criterion and provide any supporting document required in the Proposal Form.

    5.15. In relation to Eligibility Criteria 8.1 (EL 8.1), these Program Guidelines seek to stimulate investment in and installations of distributed Eligible Energy Storage systems in the Australian Capital Territory. For the purposes of this funding round, a new Eligible Energy Storage System is defined in relation to its stage of construction. Specifically, the Proposals must relate only to Eligible Energy Storage System components that have not been connected to an electricity network.

    5.16. In relation to Eligibility Criteria 8.2 (EL8.2), the Government seeks to future-proof the installation of Energy Storage Systems supported under the Grants program. Energy Storage Systems installed must be capable of responding to changes in electricity tariffs and price signals in order to maximise the value for consumers and the electricity network. For example, a system may be installed with a market-integration platform, or the battery management system may be remotely updatable to respond to changing tariff structures (e.g. new time of use tariff structures or the introduction of network capacity charges) and the introduction of dynamic pricing (e.g. in relation to future demand response incentives). Customers must also be recommended an electricity retail plan which maximises the return on investment for their solar and battery installation. The Proponent’s approach to meeting these requirements must be outlined in Part C of the Proposal Form, and detailed information on the ‘smart’ capabilities of each device nominated as it is to be installed, including, but not limited to, what the capabilities of the system are at installation, what capabilities it can be upgraded to perform, and how and when any such upgrades will be made, and information on how customers will be informed of the relative value of alternate retail plans, must be outlined in Attachment B to the Proposal Form.

    SMART REQUIREMENTS5.17. The Territory will consider the following when determining whether a proposed Energy Storage System meets

    the ‘smart’ requirements of the program:

    1. The Energy Storage System is configured such that, on request (with the customer’s consent), it can instantaneously provide services to the ACT electricity network to address power quality or network constraints or the NSW market during Lack of Reserve conditions. It is not sufficient for the functionality of an Energy Storage System to be limited to supplying the needs of the electricity customers. It must be configured to be able to supply services to third parties; and

    2. The installer has a clear plan to ensure the system will be configured so as to extract maximum value for the individual customer, and the customer will be provided with details on how to find and consider alternative electricity retail plans which might maximise the return on investment for their solar and battery installation. This should include details on how the Energy Storage System can be remotely updated with the new tariff details to ensure the customer is extracting maximum value from their new plan, and who can perform this system update.

  • 20 NEXT GENERATION ENERGY STORAGE GRANTS

    PROPONENT ELIGIBILITY CRITERIA (EL 1-8) – FOR EXISTING PROPONENTS5.18. In relation to Eligibility Criteria (EL 1-8), an Existing Proponent does not need to respond to this eligibility criteria

    unless its circumstances have changed since its submission for a previous funding round. It is the responsibility of the Existing Proponent to ensure this information is still true and correct.

    PROPONENT ELIGIBILITY CRITERIA (EL 9) – FOR ALL PROPONENTS5.19. In relation to Eligibility Criteria 9 (EL 9.1-9.20), Proponents are referred to the Safety Management and Installation

    Guide (Attachment D). Proponents should note the minimum insurance and warranties as outlined in the Proposal Form and Deed of Grant.

    5.20. In relation to Eligibility Criteria 9.13 (EL 9.13), a Proponent must be a signatory to the Clean Energy Council Solar Retailer Code of Conduct.

    PROPOSAL EVALUATION CRITERIA 1 (EV 1) – MAXIMUM GRANT PRICE – FOR ALL PROPONENTS5.21. Proposals from Proponents will be scored with regard to their performance against the Evaluation Criteria (EV)

    (weighted as per Table 1 at paragraph 4.10 of these Program Guidelines), which will contribute to a Proposal’s overall value for money assessment.

    5.22. Successful Proponents will be awarded a Deed of Grant specifying a Maximum Grant Price on the basis of a value for money assessment. Value for money will be determined through a comparison of the Maximum Grant Price (in dollars per kW) in the Proposal and the Proponent’s assessed performance against Evaluation Criteria 2 and 3.

    5.23. A price/performance metric may be used to determine value for money.

    PROPOSAL EVALUATION CRITERIA 2 (EV 2) – ACT LOCAL BENEFITS – FOR ALL PROPONENTS5.24. The ACT Government is strongly committed to the development of a vibrant, export orientated, ACT-based

    renewable energy and energy storage industry in the Territory to create jobs, and grow and diversify the ACT economy. The Energy Storage Local Investment Opportunities (Attachment E) provides the basis for assessing proposals against this criterion.

    5.25. Proposals from Proponents that demonstrate an additional, significant and enduring material commitment and contribution to the Government’s vision for renewable energy and energy storage industry development, for example as outlined in the Energy Storage Local Investment Opportunities (Attachment E), and which generally

  • PROGRAM GUIDELINES 21

    accelerate the development of the related industries in the ACT, will be considered favourably against this criterion. Proposed local investment commitments must be measurable, enforceable and proportional to the grant amount sought.

    5.26. Proponents that can demonstrate how the ACT will benefit from a positive track-record of generating export-oriented intellectual property will be considered favourably against this criterion.

    5.27. Proponents should outline in their Proposal how their proposed Energy Storage System will collect 5 minute interval data, in accordance with Schedules D and G of the Data Specification.

    5.28. In the first instance, Proponents should address this criterion by completing the relevant section of the Proposal Form. Information addressing the ‘smart’ capabilities of each device as detailed in paragraph 5.16 should also be included in the Proposal Form and its attachments.

    PROPOSAL EVALUATION CRITERIA 3 (EV 3) – EXECUTION RISK – FOR ALL PROPONENTS5.29. The Territory has a strong interest in awarding Deeds of Grant only to Proposals that are at an advanced stage

    of preparation and have low completion risks. Projects that demonstrate that risks to project completion have been effectively mitigated, or where the Proponent has a demonstrated track record of effective risk management for projects of commensurate scope and complexity, will be considered favourably under this evaluation criterion.

    5.30. Proponents should address this criterion by completing the relevant section of the Proposal Form and providing the prescribed attachments as supporting evidence.

    5.31. The evaluation of Proposals against this criterion will include, as a minimum, an assessment against their ability to conform to the Safety Management and Installation Guide, including:

    1. The accreditation and certification of the Proponent and skills, qualifications, and training of proposed personnel intended to undertake the delivery of the project.

    i. Eligible Energy Storage System installation must be by a Clean Energy Council Accredited Installer who has a Clean Energy Council Storage endorsement or an ACT Government approved equivalent training level.

    ii. Eligible Energy Storage System design must be by a Clean Energy Council Accredited Designer who has a Clean Energy Council Storage endorsement or an ACT Government approved equivalent training level.

    2. Proponents proposing to install Eligible Energy Storage Systems in commercial situations must demonstrate their understanding and experience in this environment—in particular the requirements for complying with the National Construction Code in non-Class 1 or 10 dwellings.

    3. Proponent capability and experience and understanding of compliance with the legal and regulatory environment that will impact the successful implementation of the Proposal.

    i. Proposals should clearly outline who will undertake installations and their relevant experience and ability to comply with all outlined requirements for this program.

    ii. Proposals must demonstrate that the project team has comprehensively identified all significant development risks associated with the project and has identified effective strategies to mitigate these risks.

    iii. Proponents must demonstrate organisational capacity to manage these risks efficiently and effectively, including through the capability, training, etc. of project team members and contracted organisations.

    iv. Proponents must demonstrate that their implementation schedule is reasonable and realistic in light of the nature, size and complexity of the Proposal. Proposals will be assessed favourably that involve timely implementation of a Proposal, provided that the timeline schedule is not considered to be unrealistic.

  • 22 NEXT GENERATION ENERGY STORAGE GRANTS

    4. Proponent’s financial stability as based upon the historical profit and loss statements, balance sheets, and statement of cash flows.

    5. Technology, installation and/or other risks:

    i. Proponents must demonstrate that they have, or will have access to, technology that is to be used for the proposed Certified Installations, including any necessary intellectual property rights associated with the technology.

    ii. Proponents must clearly outline key equipment to be used under the Grant if successful, and provide evidence that the technology they intend to use in their proposed Certified Installations system has an established track record of prior installations and/or field trials in an Australian application appropriate for the Proponent’s Proposal.

    5.32. Proponents must outline a comprehensive sales and marketing plan and a clear business case for attaining the desired customer acquisition.

    5.33. Where co-contributions from Eligible Energy Storage System owners are part of the business case for Proposals, Proponents should reference:

    1. The level of customer co-contribution in the Sales and Marketing Plan (Attachment A to the Proposal); and

    2. Risk associated with failure to achieve the co-contribution sought in the Risk Assessment (Attachment I to the Proposal).

    5.34. Proponents are encouraged to competitively differentiate proposals, where applicable, including the extent of any insurance.

    5.35. Minimum product and installation warranty requirement are outlined in relation to Eligibility Criteria 9 (EL 9.16 and EL 9.17). Proponents are, however, encouraged to competitively differentiate proposals, where applicable, including the extent of any public and products liability insurance or higher warranty terms.

  • PROGRAM GUIDELINES 23

    6. GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE GRANTS PROCESS

    6.1. By participating in this funding round, Proponents agree to the following further terms and conditions, in addition to any terms and conditions provided for elsewhere in these Program Guidelines.

    OBTAINING APPROVALS6.2. In order to implement Proposals, Proponents may be required to obtain approvals, licences and authorisations

    from a range of Commonwealth and State or Territory government agencies.

    6.3. It is a strict condition of participation in this funding round that Proponents take full responsibility for ensuring that their Proposals, including proposed timelines, take account of the potential delays that may occur in obtaining such approvals, licences and authorisations.

    6.4. Obligations to comply with terms and conditions of a Deed of Grant are strict obligations. Failure to comply with any term or condition in the Deed of Grant may result in termination of the Deed of Grant regardless of whether such failure was caused by the Proponent or was due to the act, omission or fault of another person, including delays by such government agencies.

    NO WARRANTIES OR REPRESENTATIONS ARISE FROM EVALUATION OF A PROPOSAL6.5. In making a favourable assessment of a Proposal, neither the Territory nor the Minister makes any warranty or

    representation about the prospects of successful implementation of a Proposal.

    TRANSFER OF DEED OF GRANT6.6. A Deed of Grant cannot be transferred, assigned, or otherwise dealt with by a successful Proponent without the

    prior written consent of the Minister, which the Minister may, at his or her absolute discretion, withhold.

  • 24 NEXT GENERATION ENERGY STORAGE GRANTS

    CLARIFICATIONS AND REQUESTS FOR FURTHER INFORMATION6.7. Despite any other requirement or condition in these Program Guidelines, a Proponent may be required to

    submit additional information to clarify its Proposal and enable proper consideration of the Proposal.

    6.8. The Territory is under no obligation to seek clarifying or other information from a Proponent. If a Proponent fails to submit information as part of its Proposal, or fails to respond to a request to provide further clarifying information within the time stipulated in a request, including these Program Guidelines, then the Minister may evaluate that Proposal in the absence of such information, taking into account the risks that arise in respect of the Proposal without having such information.

    LATE RECEIPT OF PROPOSALS6.9. Proposals received by the ACT Government after the relevant Closing Date may not be accepted.

    6.10. The Minister may reject any additional information received in respect of a Proposal after the Closing Date which, in the Minister’s opinion, provides more than mere clarification of the Proposal and which would give the Proponent an unfair advantage were the additional information to be admitted.

    AUTHORITY TO SEEK FURTHER INFORMATION 6.11. By submitting a Proposal, a Proponent:

    1. authorises the Territory and its authorised agents to seek further information about, and enquire into, the Proponent’s (or its owners’) financial position and any claims made in a Proposal regarding its, or its owners’, employees’ or contractors’, capability and experience; and

    2. acknowledges that the provision and receipt of information by the Territory to, or from, any other Territory, State or Commonwealth government agency for the purpose stated above is a communication in circumstances of qualified privilege and that the Proponent shall have no claim against the Territory in defamation, or otherwise, with respect to any matter arising out of the provision or receipt of such information.

    INELIGIBLE PROPOSALS6.12. A Proposal that is at variance with, or does not respond to, or does not fully comply with, any requirement of

    these Program Guidelines, including the Proposal Eligibility Criteria, or which is incomplete or illegible, may be deemed to be ineligible.

  • PROGRAM GUIDELINES 25

    ADDENDA6.13. Addenda to the Program Guidelines or associated attachments may be issued prior to the Closing Date for the

    purposes of clarifying the meaning of documents or requirements or to notify Proponents of any amendments to the Program Guidelines or associated attachments. Addenda will be published on www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables as soon as reasonably practicable.

    6.14. These Program Guidelines may be revised and re-issued at the Minister’s discretion, in which case a revised version will be published on www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables.

    6.15. Proponents are responsible for ensuring that any addenda or revisions to the Program Guidelines are taken into account in their Proposals.

    OWNERSHIP OF PROPOSAL DOCUMENTS6.16. All Proposals, including all copies submitted in accordance with these Program Guidelines and any attachments,

    become the property of the Territory, which may use them for assessment purposes. The Territory will not return Proposals, or the media on which they are contained (or copies), to Proponents.

    6.17. Proponents will retain ownership of all intellectual property rights in their Proposals (subject to any other person’s rights).

    6.18. Proponents authorise the Territory and its agents to reproduce, use and supply the Proposals for any purpose relating to the assessment of Proposals. This includes the authority to provide copies of Proposals to third parties engaged by the Territory to provide advice and assistance in relation to the assessment of Proposals and to permit those persons to make such copies as are reasonably necessary for such purpose.

    6.19. Proponents must ensure that they have obtained the necessary permissions to grant the above authority to the Territory, including from any persons who may have moral rights in respect of a Proposal.

    PRICE BASIS, ENGLISH LANGUAGE AND STANDARD INTERNATIONAL (SI) UNITS6.20. All costs and prices stated in a Proposal must be in Australian dollars and exclude GST, where applicable. A

    Proponent’s proposed Maximum Grant Price must be in Australian dollars per kilowatt. The Territory will not accept Proposals that contain costs and prices that are subject to variation because of fluctuations in foreign exchange rates. Proponents are required to accept the risk of fluctuations in foreign exchange rates.

    6.21. Proposals and all communications with the Territory must be in English.

    6.22. All dimensions and units on plans and drawings and all references to measurements must be in Standard International (SI) units.

  • 26 NEXT GENERATION ENERGY STORAGE GRANTS

    CONFIDENTIALITY6.23. All information provided in relation to a Proposal will be deemed to be confidential subject to the terms for the

    release of information provided for in this section.

    6.24. Proponents should be aware that:

    1. the Territory may be required to disclose non-confidential information, either under the Freedom of Information Act 1989, by the Minister in the Legislative Assembly or its committees, or to the Ombudsman, or for a purpose in relation to the protection of public revenue; and

    2. information in the Proposal Form may, at the Minister’s discretion, be disclosed for reporting or other purposes.

    6.25. Proponents should also be aware that the Territory may table in the Legislative Assembly a review of the funding round, or otherwise release material, that may include the aggregated or un-identified (by reference to Proponent) summaries of information supplied by Proponents through the auction process, including, but not limited to, the following:

    1. the number of Proposals received;

    2. the distribution of proposed Maximum Grant Prices (on a $/kW basis);

    3. any other summary information whose disclosure is determined by the Territory to be relevant to the public interest while not disclosing the identity of the Proponent or Proposals to which the information relates.

    COSTS OF PREPARING AND SUBMITTING PROPOSALS6.26. The Territory will make no payment to a Proponent, or any other person, for any reason including:

    1. for any costs, losses or expenses incurred by a Proponent in preparing its Proposal or in participating in this funding round; or

    2. in respect of any discussions, negotiations, enquires or requests for details or information made by, or on behalf of, the ACT Government after the receipt of Proposals; or

    3. for any work undertaken by any Proponent after its Proposal is received including work requested by the ACT Government.

  • PROGRAM GUIDELINES 27

    CONFLICTS OF INTEREST OR COLLUSION6.27. A Proponent with a conflict of interest, or potential conflict of interest, must disclose the conflict of interest to

    the Territory at the time of receipt of a Proposal or, if the conflict of interest or a risk of a conflict of interest arises after receipt of a Proposal and prior to the completion of the funding round evaluation process, immediately disclose the conflict of interest to the Territory.

    6.28. If the Territory, upon becoming aware of a conflict of interest, or a potential conflict of interest arising in respect of a Proposal, considers that such conflict is likely to give rise to an unfair advantage to a Proponent, or a reasonable perception of an unfair advantage, then the Territory may direct a Proponent to take such action as it considers appropriate to address the conflict.

    6.29. In submitting a Proposal, a Proponent represents and warrants that:

    1. the Proponent has no knowledge of the proposed Maximum Grant Price being proposed by any other Proponent, nor any knowledge of the costs and prices forming the basis for any other Proponent’s proposed Maximum Grant Price;

    2. except as disclosed in its Proposal, the Proposal has not been prepared with any consultation, communication, contract, arrangement or understanding with any other person intending to submit a Proposal, or with a related entity of the other person;

    3. the Proponent has not otherwise engaged in any collusion, anti-competitive conduct or any other similar conduct in relation to the preparation of its Proposal that may potentially impact effective competition being in place between each and every Proponent in this funding round; and

    4. except as disclosed in its Proposal, the Proponent is not a related entity of any other Proponent.

    6.30. The Territory may, if satisfied on reasonable grounds that there has been a contravention of this section by a Proponent, exclude such a Proponent’s Proposal from further consideration in this funding round.

    INSURANCE6.31. In addition to insurance that a Proponent may be required by law to have in effect (for example workers’

    compensation), a Successful Proponent will be required to take out, and maintain for the operational life of the Successful Proponent’s Certified Installations, public and products liability insurance (and/or other insurances as may be required) in an amount satisfactory to the Minister to reflect the nature and the size of the risks applicable to a Proposal, as outlined in the Proposal Form and agreed in the Deed of Grant (note the draft Deed of Grant at Attachment B to these Program Guidelines).

    6.32. Proponents must provide the Minister with evidence of such insurance upon request by the Minister made at any time during the operational life of the Successful Proponent’s Certified Installations.

  • 28 NEXT GENERATION ENERGY STORAGE GRANTS

    7. LODGING A PROPOSAL

    PROPOSAL DOCUMENTATION – FOR ALL PROPONENTS7.1. Proponents are required to submit an electronic Proposal Form, including the attachments specified in the

    Proposal Form, which addresses the Proposal Eligibility and Evaluation Criteria.

    7.2. It is the responsibility of a Proponent to ensure that its Proposal addresses all of the relevant criteria, including the Eligibility and Evaluation Criteria. Proposals should not rely on links to external documents or websites. Where there is a discrepancy between the printed and electronic copy, the printed version will be taken as true.

    7.3. Combined attachments for each Proposal, must be no longer than 50 pages.

    7.4. Proposals where the required declarations have not been properly made, or where the declarations have been varied in any way, may be deemed ineligible.

    7.5. The ACT Government must receive Proponents’ completed Proposal Forms and any other supporting documentation requested in the forms, by the Closing Date. A Proposal Form that is received after the Closing Date, or is in any way incomplete, including in relation to required supporting documentation, may not be accepted, as outlined in Figure 1.

    PROPOSAL DOCUMENTATION – FOR NEW PROPONENTS7.6. New Proponents will complete and submit a full Proposal Form, including all attachments as described in the

    respective forms, addressing all the requirements of this funding round, for one Proposal only, to demonstrate compliance with this eligibility criterion.

  • PROGRAM GUIDELINES 29

    PROPOSAL DOCUMENTATION – FOR EXISTING PROPONENTS7.7. The tendering process has been streamlined for Existing Proponents. Existing Proponents do not need to

    complete a full Proposal Form but will need to provide the following information:

    1. Revised numbers for residential and commercial installations

    2. Proposed maximum grant price ($/kW) and Total Grant Amount

    3. Sales and marketing plan;

    4. Financial statements for the past 3 years including: Profit & Loss Statement, Balance Sheet and Statement of Cash Flows for each of the past three years;

    5. Execution risk – identify issues encountered in previous rounds and nominate strategies to address these.

    6. Revised/new ACT local benefits;

    7. Current insurance certificates

    8. Any new Energy Storage Devices for the Next Gen Device Registry

    LODGING A PROPOSAL 7.8. Proposals must be submitted electronically prior to the Closing Date via the SmartyGrants platform accessed via

    the following links:

    → New Proponents: https:/actgovt.smartygrants.com.au/nextgenround4

    → Existing Proponents: https://actgovt.smartygrants.com.au/nextgenround4existing

    7.9. All enquiries in relation to this funding round must be directed in writing to the following email address: [email protected]

    PUBLICATION OF QUESTIONS & ANSWERS7.10. This funding round is part of a multi-year grants program. The ACT Government encourages interested parties to

    actively participate in, and provide information and feedback through, the Question & Answer (Q&A) process to improve the parameters and processes of this and future funding rounds.

    7.11. Subject to paragraph 7.11, the substance of all enquiries, questions or comments warranting a response, made in relation to this funding round under paragraph 7.8, and the substance of answers given by the Territory in response to those enquiries or comments, will be published on www.environment.act.gov.au/energy/cleaner-energy/next-generation-renewables as soon as reasonably practicable.

    7.12. The ACT Government will not disclose the identity of the enquirer or person making a comment in any material published under paragraph 7.9 above.

    7.13. All questions should be submitted to the Secretariat by 5:00pm Canberra time on 24 May 2019. Questions submitted after this time may not be addressed.

    https:/actgovt.smartygrants.com.au/nextgenround4https://actgovt.smartygrants.com.au/nextgenround4existing

  • © Australian Capital Territory, Canberra 2019This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from:

    Director-General, Environment, Planning and Sustainable Development Directorate, ACT Government, GPO Box 158, Canberra ACT 2601.

    Telephone: 02 6207 1923 Website: www.environment.act.gov.au

    1.Definitions2.OverviewObjectivesBackgroundDistributed energy storagePurpose of these Program GuidelinesDisclaimerFurther terms and conditions for participation in this funding round

    3.Funding roundKey elements of this funding roundPayments, reporting and data collectionTerms and conditions of participationConditions of EntitlementAccess to customer premises in the ACT and approvals

    4.Evaluation processesProcess summaryRequest further informationEligibility and Evaluation CriteriaClosing time and date for submission and other milestones

    5.�Guide to Eligibility and Evaluation Criteria GeneralProponent Eligibility Criteria (EL 1 to 8) – For New Proponents Proponent Eligibility Criteria (EL 1-8) – For Existing ProponentsProponent Eligibility Criteria (EL 9) – For All ProponentsProposal Evaluation Criteria 1 (EV 1) – Maximum grant price – For All ProponentsProposal Evaluation Criteria 2 (EV 2) – ACT local benefits – For All ProponentsProposal Evaluation Criteria 3 (EV 3) – Execution risk – For All Proponents

    6.�General terms and conditions for participation in the grants processObtaining approvalsNo warranties or representations arise from evaluation of a ProposalTransfer of Deed of GrantClarifications and requests for further informationLate receipt of ProposalsAuthority to seek further information Ineligible ProposalsAddendaOwnership of Proposal documentsPrice basis, English language and Standard International (SI) unitsConfidentialityCosts of preparing and submitting ProposalsConflicts of interest or collusionInsurance

    7.Lodging a ProposalProposal documentation – For All ProponentsProposal documentation – For New ProponentsProposal documentation – For Existing ProponentsPublication of Questions & Answers