Directed Biogas Derived from Swine Waste

The Fayetteville Public Works Commission (PWC) is planning to install a new electric generating facility in its service territory in North Carolina to be served by a connection to the natural gas local distribution system of Piedmont Natural Gas Company, Inc. (PNG) for the purpose of generating electricity from directed swine waste biogas in order to achieve compliance with North Carolina General Statutes (G.S.) Section 62-133.8(e). Pursuant to G.S. 143-131, PWC is soliciting bids for the sale to PWC of directed biogas derived from swine waste that complies with the following terms: 1. The swine waste from which the directed biogas is derived may be derived from farming operations, processing renderings, OR any other source of swine waste; 2. The swine waste may be sourced from ANY location, as long as a contract path can be established from the point of injection of the directed biogas into a natural gas distribution or transportation system to the city gate of PNG; 3. The directed biogas shall include sufficient attributes that allow PWC to generate and sell electricity and produce renewable energy certificates in compliance with G.S. 62- 133.8(e); 4. The average delivered daily quantity of directed biogas shall be 110 MMBtu. The bidder may propose a summer/winter seasonal schedule; 5. PWC is seeking bids for a twenty (20) year purchase term; 6. PWC anticipates that it will begin nominating directed biogas deliveries in the first quarter of calendar year 2024, but PWC is willing to evaluate other delivery start dates; 7. The bid shall specify the price per MMBtu of swine waste gas and any proposed escalation, which must be based upon a stated fixed rate (such as 2% per annum). 8. Each bidder's bid(s) shall constitute a firm irrevocable offer for at least one hundred eighty (180) days after the bid due date to sell the directed biogas to PWC; and 9. The selected bidder must provide periodic attestations consistent with requirements of the North Carolina Utilities Commission to confirm that the directed biogas is derived from swine waste. If a bidder wishes to submit confidential information in its bid, the bidder must deliver to PWC an executed Nondisclosure Agreement on PWC's standard form NDA, which can be requested from PWC at any time prior to submission of the bidder's bid(s). The bidder must also mark as "Confidential" the portions of the bid which are to be so treated. Submission of a bid constitutes bidder's consent for PWC to file under seal with the North Carolina Utilities Commission and its Public Staff confidential bid information if reasonably necessary for PWC to establish compliance with or a seek a waiver of G.S. 62-133.8(e). In order to submit a bid, the bidder must (a) complete the attached bid form on which to identify pricing, quantity, and other terms and conditions, and (b) identify all of the bidder's previous and current transactions (including but not limited to counterparties, sales volumes, and sales periods) in which the bidder has sold or is selling directed biogas derived from swine waste. This Request for Bids does not constitute PWC's offer to purchase directed biogas, and it does not create any obligation for PWC to execute any contract to enter into a transaction with any bidder. PWC reserves the right at any time, in its sole discretion, to reject any or all bids or withdraw or otherwise terminate this Request for Bids for any reason without prior notification and without liability to, or responsibility of, PWC or anyone acting on PWC's behalf to any bidder or potential bidder. PWC reserves the right at any time, at its sole discretion, to reject any bid on the grounds that it does not conform to the terms and conditions of this Request for Bids, including but not limited to any omission, alteration of form, additions not called for, conditional bid, or any irregularities of any kind. PWC reserves the right to waive all informalities. PWC shall have no obligation to reimburse any of Respondent's expenses regardless of whether such Respondent's bid is selected, not selected, rejected, or disqualified. Unless earlier terminated, the Request for Bids will terminate automatically upon the execution of one or more contracts by PWC with the selected bid(s). PWC may consider, among other things, the bidder's past performance conduct on other contracts, and other information as PWC deems necessary to assist in the evaluation of any bid. Each bidder or potential bidder shall refrain from collaborating or discussing with any other bidder or potential bidder its bid or anticipated bid, including without limitation, the price, the quantity, or any other terms or conditions of any bid. Each bidder represents and warrants to PWC that the bidder has not engaged, and covenants that it will not engage, in any communications with any other actual or potential bidders in response to this Request for Bids concerning this solicitation, price, quantity, other terms in a bid, or related matters and has not engaged in collusion or other unlawful or unfair business practices in connection with this Request for Bids. . With respect to matters of general interest raised by any potential bidder, PWC may, without reference to the specific potential bidder raising such matter or initiating the inquiry, reply to all parties on the distribution list of this Request for Bids with the questions and responses. PWC may, in its sole discretion, decline to respond to any email or other inquiry.

Division 01 -	General Requirements.
Division 10 -	Specialties.
Division 11 -	Equipment.