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General (18) Rate Stability Winter Procurements (29) RS Block RFP (12) RS REC RFP (36) Standard Products Procurement (9) Renewable Energy Products Procurement (9)
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Rate Stability Winter Procurements
I have been the representative and point of contact for the Procurement Administrator but I am not going to be available on the Bid Date. Whose contact information should I include on the Bid Form?
The contact information on the Bid Form should be the contact information of the individual who will be submitting bids. This individual must be authorized to do so and must electronically sign the certification on the Bid Form.
What are the changes to the Pre-Bid Letters of Credit compared to the versions used in the 2011 ComEd RFPs?
There were no substantive changes to the Pre-Bid Letter of Credit for the Rate Stability (“RS”) Block RFP compared to the 2011 Standard Products ("STP") RFP. Changes were made to update the name of the procurement event, the date, and a non-substantive change was made to the address block. The same changes were made to the Pre-Bid Letter of Credit for the RS REC RFP. In addition, the last condition to draw on the Pre-Bid Letter of Credit given in Paragraph 2c was changed from “the Bidder’s Bids are approved by the Illinois Commerce Commission but the Bidder fails to execute the Confirmation in the timeframe required by the REC Master Agreement or fails to execute the Supplier Fee Binding Agreement as represented in the Part 2 Proposal” to ““the Bidder’s Bids are approved by the Illinois Commerce Commission but the Bidder has failed to execute the Confirmation in the timeframe required by the Rate Stability REC Master Agreement, or has failed to execute the Supplier Fee Binding Agreement as represented in the Part 2 Proposal, or has failed to post any Performance Assurance required upon execution of the Rate Stability REC Master Agreement”. This in recognition of the fact that in the RS REC Master Agreement Performance Assurance is required upon execution (rather than after a demand from ComEd as in the 2011 REC Master Agreement).
Does the Procurement Administrator need to be able to confirm payment of the Bid Participation Fee by the Part 2 Date (February 7, 2012)?
In the Part 1 Proposal, if you cannot provide evidence that the Bid Participation Fee has been paid, you must instead sign the certification to acknowledge that the Bid Participation Fee is a requirement of the RFP.
It is correct that payment must be confirmed to be received by February 7, 2012. Specifically, the Rate Stability ("RS") Rules state that the requirement at the Part 2 Proposal stage is that the Procurement Administrator MUST BE ABLE TO CONFIRM that the Bidder has paid the Bid Participation Fee by the Part 2 Date of February 7, 2012. Each Bidder must allow sufficient time for the Bid Participation Fee to be received by the Illinois Power Agency and for the Illinois Power Agency to confirm with the Procurement Administrator that the Bid Participation Fee has been received.
Can a qualified bidder in the Rate Stability (“RS”) REC RFP and RS Block RFP post cash with ComEd in lieu of a Pre-Bid Letter of Credit?
A Bidder is required to submit a Pre-Bid Letter of Credit with its Part 2 Proposal. Unfortunately, the RFP Rules do not allow the posting cash in lieu of the Pre-Bid Letter of Credit. (Cash may be posted in lieu of the Post-Bid Letter of Credit under the Master Agreements).
Can a winning bidder in the Rate Stability (“RS”) REC RFP and RS Block RFP post cash with ComEd in lieu of a Post-Bid Letter of Credit?
Yes. During the term of the Master Agreement, a supplier relying on its own financial standing may post cash or a letter of credit for any collateral requirements.
Is the product for the Rate Stability (“RS”) Block RFP meant to be a constant 50MW (per block) of energy that is not variable? Or could a wind resource for which energy delivered varies between 0 and 50MW depending on wind speed be an eligible resource for this procurement?
The product in the RS Block RFP is divided into nine (9) blocks of 50 MW 7x 24 energy. These blocks are not tied to any identified resource and may be supplied from any mix of sources that the supplier selects from time to time. Each block is for a constant 50 MW of energy per block that is not variable.
Is a single Bid Participation Fee of $500 due for all of the Rate Stability Winter procurements for both ComEd and Ameren?
Yes, there is a single Bid Participation Fee for the Rate Stability Winter procurements, which covers the Block and REC RFPs for ComEd and Ameren.
Can you please send me instructions for submission for the Bid Participation Fee?
Instructions to submit the Bid Participation Fee to the Illinois Power Agency are available upon request. Please submit your request to ComEdPA@nera.com.
Can you please post redline documents comparing the final Rate Stability (“RS”) Block and REC Master Agreements to the final Standard Products and REC Master Agreements from 2011?
These have been posted to the Rate Stability Winter Procurements page.
Can a Bidder post cash in lieu of the Pre-Bid Letter of Credit? Is our Proposal automatically going to be rejected if we initially submit our Part 2 Proposal without the Pre-Bid Letter of Credit?
A Bidder is required to submit a Pre-Bid Letter of Credit with its Part 2 Proposal. Unfortunately, the RFP Rules do not allow the posting cash in lieu of the Pre-Bid Letter of Credit. (Cash may be posted in lieu of the Post-Bid Letter of Credit under the Master Agreements). Please note that if you submit your materials for your Part 2 Proposal but that your Pre-Bid letter of Credit is not available at that same time, the Procurement Administrator will issue a deficiency notice to you. You will be given until 12 PM (noon) on the Part 2 Date, or until 6 PM on the second business day following the business day during which the deficiency notice is sent, whichever comes later, to respond and provide your Pre-Bid Letter of Credit.
Should Lincoln’s birthday be considered a holiday for purposes of the Rate Stability (“RS”) RFPs?
Yes, Lincoln’s birthday, observed on Monday, February 13 this year, is a state holiday.
Is Illinois going to adopt an aggregation system to compile the energy produced by Distributed Generation (“DG”) equipment? Who can be the aggregators?
These are potential topics for the 2012 Distributed Generation (“DG”) workshops.
How does the issuance of SB 1652 impact remuneration for small scale generation and the market at large?
Each Bidder is entirely responsible for assessing the market impacts of legislation.
Where are the Post-Bid Letters of Credit for the Rate Stability RFPs posted?
The Standard Post-Bid Letter of Credit for each of the Rate Stability (“RS”) RFPs is posted to the Rate Stability Winter Procurement page. The Standard Post-Bid Letter of Credit is Schedule 1A to the Collateral Annex. You may also submit a draft of Exhibit A (Letter of Full Transfer). For the RS Block RFP, these documents are posted under the header “RS Block Master Agreement (Final) (January 12, 2012)”. For the RS REC RFP, there documents are posted under the header “RS REC Master Agreement (Final) (January 12, 2012)”.
Does submission of a Part 1 Proposal for the Rate Stability Winter Procurements commit a potential bidder to submit a Part 2 Proposal? Does submission of a Part 2 Proposal commit a potential bidder to submit bids? What is the process if a bidder wants to withdraw its Part 1 or Part 2 Proposal?
A Bidder’s Bids are evaluated if the Bidder meets all the requirements of the Part 1 and Part 2 Proposals. A Bidder may meet all requirements of the Part 1 and Part 2 Proposals and not submit Bids; submission of a Part 2 Proposal (excluding Bids) does not commit the Bidder to submitting Bids. A Bidder may submit a Part 1 Proposal and not submit a Part 2 Proposal; submission of a Part 1 Proposal does not bind or commit the Bidder to the submission of a Part 2 Proposal. There is no formal process to withdraw your Proposal.
Please confirm that if a potential bidder has a wind farm with a capacity of 80MW, it may only bid in a 50MW block and may not bid in the entire 80MW.
The product in the Rate Stability (“RS”) Block RFP is divided into nine (9) blocks of 50 MW 7x 24 energy and Bidders can only offer in 50 MW increments. These blocks are not tied to any identified resource and may be supplied from any mix of sources that the supplier selects from time to time. It seems unlikely that a wind farm would be the source of 7x24 block energy, although it could contribute to that supply. The products in the RS REC RFP are “standard RECs”, namely RECs that include all environmental attributes represented by renewable electricity generation associated with the RECs. RECs are offered per REC and there is no block restriction or minimum quantity. An 80 MW wind farm could offer to sell all its expected production, or could offer to sell more or less than its expected production.
Where is Supplement to the Part 1 Form posted? Should it be included with the Part 1 Proposal or the Part 2 Proposal?
The Supplement to the Part 1 form was posted on the RFP Web site and is dated 12 January 2012. You will find it the Rate Stability Winter Procurements page under each of the Rate Stability (“RS”) Block RFP and the RS REC RFP. A fully completed Supplement is required with the Part 1 Proposal.
The Bid Date for the Rate Stability (“RS”) Block RFP is on Friday February 10, 2012. With Monday being a holiday, potentially the Illinois Commerce Commission (“ICC”) will not make a decision until Friday, February 17, 2012. Is this date flexible?
No. It is not feasible to hold the procurement earlier. Holding the procurement later would not be a solution as Monday 2/20 is also a holiday and the procurement by law must be complete within 120 days of PA 97-0616 becoming effective. The time allowed for ICC approval is set by legislation. There will always be same gap between the Bid Date and ICC approval. The Procurement Administrator will, however, undertake to inform bidders in the energy RFP by the close of business on the Bid Date whether their bids will be recommended to the ICC for approval.
When will the Part 1 and 2 Forms be posted?
The final Part 1 and Part 2 Forms are posted to the Rate Stability Winter Procurement page: http://www.comed-energyrfp.com/rateStability.asp.
In the Supplement to the Part 1 Form on page 5, there is a section called “Party B Eligibility to Hold Cash”. Who is Party B? Can you provide a reference in the Master Agreement related to this section?
Party B refers to ComEd in the Master Agreements. Please consult the cover sheet of the Master Agreement for an explanation of the options of Party B’s eligibility to hold cash.
Section 1 of the Part 1 Form (page 5) says that if a Bidder submitted the Pre-Qualification Application for the Ameren RFPs, requested that information be transmitted to the ComEd Procurement Administrator, and if the Bidder does not have any changes to make to the contact information, the Bidder should proceed to the fourth and last item in this section, "Representations of the Officer of the Bidder." Should this read “fifth and last item, Representations of the Officer of the Bidder” or did you mean that the Bidder should proceed to the fourth item (which is the nomination of the Representative of the Bidder)?
We confirm that you should proceed to the fifth and last item in that Section “Representations of the Officer of the Bidder”. Thank you for bringing this to our attention.
Are we exempt from paying the Bid Participation Fee for the 2012 Rate Stability Winter procurements if we paid a Bid Participation Fee for the 2011 Spring procurements?
All Bidders are required to pay the Bid Participation Fee for the 2012 Rate Stability Winter procurements. A Bid Participation Fee paid for the 2011 Spring procurements may not be used to fulfill this requirement. (However, a single Bid Participation Fee is required for the ComEd and Ameren 2012 Rate Stability Winter procurements).
Our parent’s corporate policy requires two (2) signatories to the Guaranty. How should we present our Part 1 Proposal?
The Procurement Administrator will prepare the Guaranty with an additional signature block for the second Officer. For purposes of presenting your Part 1 Proposal, please submit a second Supplement with the information for the second signatory and submit an explanatory note in a cover letter that two signatories are required for the guaranty.
Our corporate policy requires that we have two (2) signatories to the Master Agreement. How should we present our Part 1 Proposal?
The Procurement Administrator will prepare the Master Agreement with an additional signature block for the second Officer. For purposes of presenting your Part 1 Proposal, please submit to the following additional requirements: -- submit two (2) additional originals of section 1 of the Part 1 Form with the information for the second officer; -- have the second officer sign the representations in Section 3 of the Part 1 Form; -- submit a second Supplement with the information for the second signatory; and -- submit an explanatory note in a cover letter that your corporate structure requires two individuals to bind the company. You may submit the signatures of both officers on the same Part 1 Form or you may submit the signatures of the second officer on a different Part 1 Form. You may, but you are not required to, submit the signature of the second officer on all certifications. In your notification of qualification, should your Part 1 Proposal be successful, we will provide instructions for the submission of the Part 2 Proposal.
Can the Officer of the Bidder be an "individual otherwise empowered to undertake contracts and bind the Bidder"(who is not an officer or director of the Bidder? May this individual sign all the representations of the Part I Form?
An individual otherwise empowered to undertake contracts and bind the Bidder (even if the individual is not an officer or director of the Bidder) may sign all the representations of the Part 1 Form. Please note that a single individual must sign all representations of the Part 1 and the Part 2 Proposals.
When is the Pre-Bid Letter of Credit due for the Rate Stability (“RS”) procurements?
The final executed Pre-Bid Letter of Credit is due with your Part 2 Proposal. Part 2 Proposals are due by 12PM (noon) Central Prevailing Time on Tuesday, February 7, 2012. A Bidder may, in its Part 1 Proposal, request modifications to the Standard Pre-Bid Letter of Credit, or the Standard Post-Bid Letter of Credit, (or both), which are non-material in nature, or which clarify the intent of the Standard Pre-Bid Letter of Credit, or which make modifications advantageous to both ComEd and the Bidder. A Bidder requests these modifications by submitting a Draft indicating clearly all modifications to the Standard Letter of Credit. Any such Draft must be submitted electronically, in Microsoft Word with tracked changes, either saved to a CD that is included with the Part 1 Proposal or sent by email to the Procurement Administrator at ComEdPA@nera.com. In addition, a Draft that is not substantially in the form of the Standard Letter of Credit will not be considered or evaluated.
Is there a requirement to post a Pre-Bid Letter of Credit in a specific format for the Rate Stability (“RS”) procurements?
The Bidder must provide an executed Pre-Bid Letter of Credit, drawn for the account of the Bidder, with its Part 2 Proposal. The Bidder must either use the Standard Pre-Bid Letter of Credit provided in Appendix 6 to the RS Rules (either the RS Block Rules or the RS REC Rules), or the Bidder must submit a Pre-Bid Letter of Credit that incorporates only those modifications to the Standard Pre-Bid Letter of Credit accepted upon evaluation of Part 1 Proposals. All approved modifications will be posted to the RFP Web site. A Bidder may use any of the approved modifications, regardless of whether the Bidder itself or another Bidder proposed the modification.
Please provide a redline of the proposed contracts for the Rate Stability (“RS”) Winter Procurements compared to the final contracts from the 2011 Spring Procurements.
On December 16, 2011, the Procurement Administrator posted documents that provide in redline:
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