STANDARD PRODUCTS RFP
     
Name of RFP Bidder
PART 2 FORM
DUE D...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
INSTRUCTIONS FOR PROPOSAL
RFP Bidders submit the Part 1 Form and all do...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
II. Part 2 Proposal Submission
Confirmation
If your Part 2 Proposal...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
PART 2 FORM
1. Contact Information and Representations
COMPLETE ALL IN...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
The Representative and the Officer of the Bidder are the contacts of the ...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
Representations of the Officer of the RFP Bidder
Please note that Sectio...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
(7) I certify that any Bid on any Product or any Combination subm...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
2. Pre-Bid Letter of Credit
PROVIDE ALL INFORMATION REQUESTED IN THIS SE...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
The following worksheet is optional. You may use it to facilitate the cal...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
Release of the Pre-Bid Letter of Credit
ComEd will release the Pre-Bid Le...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
3. Master Agreement Documents
PROVIDE ALL INFORMATION REQUESTED IN THIS ...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
Please confirm that you are providing the following with this Part 2 Pr...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
Please provide the name and contact information of an agent for acceptanc...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
4. Bids
Each RFP Bidder submits its Bids electronically. The Procuremen...
STANDARD PRODUCTS RFP
     
Name of RFP Bidder
Checklist
This is a checklist of documents to be enclosed in the Part 2 ...
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Name of RFP Bidder

Published on: Mar 3, 2016
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Transcripts - Name of RFP Bidder

  • 1. STANDARD PRODUCTS RFP       Name of RFP Bidder PART 2 FORM DUE DATE: APRIL 23, 2010 DUE DATE FOR BIDS: APRIL 28, 2010 This Part 2 Form is the form to submit the Part 2 Proposal in Commonwealth Edison Company’s (“ComEd’s”) Request for Proposals for Standard Products (“Standard Products RFP” or “RFP”). Before completing this Part 2 Form, please review both the Commonwealth Edison Company 2010 Standard Product Request for Proposals Process and Rules (“RFP Rules”) and the Master Power Purchase & Sale Agreement for the Standard Products RFP (“Master Agreement”) so that you understand the conditions under which the Standard Products RFP will be conducted. Please see the Standard Products RFP Rules and the Master Power Purchase & Sale Agreement, which are posted at www.comed-energyrfp.com. By having submitted a Part 1 Proposal in response to this RFP, you agreed to all terms and conditions of this RFP. Any information that you provide in this Part 2 Proposal is provided on a confidential basis to the Procurement Administrator, and may be provided on a confidential basis to the Procurement Monitor, to the Illinois Power Agency (“IPA”) or to the Staff of the Illinois Commerce Commission. ComEd representatives will review the Pre-Bid Letter of Credit with the name of the RFP Bidder and the amount redacted and will participate in the evaluation of this Pre-Bid Letter of Credit. All information provided to ComEd will be provided simultaneously to the Procurement Monitor. 1
  • 2. STANDARD PRODUCTS RFP       Name of RFP Bidder INSTRUCTIONS FOR PROPOSAL RFP Bidders submit the Part 1 Form and all documents required therein to respond to the qualification standards for the Standard Products RFP. An RFP Bidder that is qualified after complying with all qualification requirements of the Part 1 Proposal may submit a Part 2 Proposal. This Part 2 Form must be used to submit a Part 2 Proposal in the Standard Products RFP. Please complete all sections. I. Part 2 Proposal Submission An RFP Bidder must: • Submit three (3) original completed Part 2 Forms (with original signatures); • Submit one (1) copy of documents required to support the Part 2 Form as specified in Sections 2 and 3; and • Manually insert the name of the RFP Bidder on every page of the Part 2 Form. The completed Part 2 Form MUST be received by the Procurement Administrator no later than 12:00 p.m. (noon) CPT1 on April 23, 2010 at: Procurement Administrator 2010 ComEd Procurement 222 South Riverside Plaza, 29th Floor Chicago, IL 60606 Inquiries may be directed to the Procurement Administrator by: • telephone (312) 239-1509 • fax (312) 239-1511 • through the “Ask a Question” page on the Web site at www.comed-energyrfp.com Photocopies and facsimiles of completed forms will not be accepted under any circumstances. 1 Unless noted otherwise, all times refer to the Central Prevailing Time (CPT) zone. 2
  • 3. STANDARD PRODUCTS RFP       Name of RFP Bidder II. Part 2 Proposal Submission Confirmation If your Part 2 Proposal is received by post, a confirmation consisting of a photocopy of the first page of your Part 2 Form stamped with the time and the date that it was received will be faxed to you. This confirmation of receipt will be faxed after an initial review, either with a confirmation that your proposal is complete, or with a deficiency notice (see below). If your Part 2 Proposal is hand-delivered, a confirmation consisting of a photocopy of the first page of your Part 2 Form stamped with the time and the date that it was received will be provided to the deliverer. Timing of Part 2 Proposal Review The Part 2 Window opens at 8:00 a.m. on April 20, 2010 and closes at 12:00 p.m. (noon) on April 23, 2010. All materials for the Part 2 Proposals, except an RFP Bidder’s Bids, must be received by 12:00 p.m. (noon) on the Part 2 Date, April 23, 2010. Bids are due on April 28, 2010, the Bid Date. Bids must be received between 10:00 a.m. and 12:00 p.m. (noon) on April 28, 2010. The Procurement Administrator performs an initial review of all Part 2 Proposals during the Part 2 Window. Part 2 Proposals received prior to the Part 2 Window are processed on April 20, 2010. Part 2 Proposals received during the Part 2 Window are processed on the day they are received. Proposals received after the Part 2 Date are late proposals and are not processed. Incomplete Part 2 Proposals If your Part 2 Proposal is incomplete or requires clarification, the Procurement Administrator will send a deficiency notice to you by fax. You will have until 12:00 p.m. (noon) on the Part 2 Date, or until 6:00 p.m. on the business day following the business day during which a deficiency notice is faxed to you, whichever comes later, to respond. In no event will the RFP Bidder be allowed to respond after 3:00 p.m. on the Bid Date. If you do not correct or adequately explain the deficiency within the time allowed, your Part 2 Proposal may be rejected and you may be unable to participate in the Standard Products RFP. One copy of your Part 2 Form and all supporting documents will be returned to you. Late Part 2 Proposals No late Part 2 Proposals will be accepted under any circumstances. Complete Part 2 Proposals When your Part 2 Proposal is complete, the Procurement Administrator will send a complete notice to your Representative by fax with a photocopy of the first page of your Part 2 Form stamped “complete”. All Bids from Part 2 Proposals that are complete and compliant by the Bid Date are evaluated on the Bid Date. RFP Bidders Under Agency Agreements To ensure that all RFP Bidders to the Standard Products RFP are treated on a fair and equal basis, an entity applying to the Standard Products RFP under an Agency Agreement is required to submit additional documents. 3
  • 4. STANDARD PRODUCTS RFP       Name of RFP Bidder PART 2 FORM 1. Contact Information and Representations COMPLETE ALL INFORMATION IN THIS SECTION 1 OF THIS PART 2 FORM. Name and Address of the RFP Bidder On April 19, 2010, the Procurement Administrator sent you a Record of Contact Information along with your Notification of Qualification. This Record of Contact Information contains the contact information that we have on record for you from the Part 1 Proposal. PLEASE CHECK HERE IF THE INFORMATION IN THE RECORD OF CONTACT INFORMATION IS CORRECT AND PROCEED TO THE REPRESENTATIONS ON PAGE 6 OF THIS FORM. OTHERWISE, PLEASE MAKE ANY CORRECTIONS IN THE SPACE PROVIDED BELOW. Please note that fields will expand to accommodate text. Legal Name of RFP Bidder       Street Address             City State Zip Code                   The Officer of the RFP Bidder named below will make all representations and certifications in this Part 2 Proposal and will execute the Master Agreement for which the executed signature pages are required in Section 3. This must be the individual designated as the Officer of the RFP Bidder in the Part 1 Proposal. Last Name of Officer of the RFP Bidder Given Name(s) Mr/Mrs/Ms/Dr/(other)                   Title of Officer of the RFP Bidder       Company       4
  • 5. STANDARD PRODUCTS RFP       Name of RFP Bidder The Representative and the Officer of the Bidder are the contacts of the RFP Bidder for the Procurement Administrator. The Representative will receive all documentation related to the procurement event, including confidential information required to submit Bids on the Bid Date. Last Name of Representative Given Name(s) Mr/Mrs/Ms/Dr/(other)                   Telephone No. of Representative Alternate Telephone No. Email Address of Representative                   Fax No. of Representative       5
  • 6. STANDARD PRODUCTS RFP       Name of RFP Bidder Representations of the Officer of the RFP Bidder Please note that Section 111.1(h) of the Illinois Public Act 95-0481, effective August 28, 2007 (the “Act”), including the Act’s amendments to the Public Utilities Act (“PUA”) states that “The names of the successful bidders and the load weighted average of the winning bid prices for each contract type and for each contract term shall be made available to the public at the time of Commission approval of a procurement event. The Commission, the procurement monitor, the procurement administrator, the Illinois Power Agency, and all participants in the procurement process shall maintain the confidentiality of all other supplier and bidding information in a manner consistent with all applicable laws, rules, regulations, and tariffs.” Furthermore, in the ICC’s January 7, 2009 Order approving the 2009 Procurement Plan, the ICC accepted Staff’s recommendation to release publicly additional information. The Procurement Administrator will make public at the time of ICC approval of a procurement event: (i) the names of successful RFP Bidders; (ii) the load-weighted average of the winning Bids for each Segment of each month; (iii) the load-weighted average of the winning Bids for each Product and for each Combination; and (iv) the number of megawatts awarded for each Segment of each month, provided that there are at least three successful RFP Bidders. The Act states that participants in the procurement process will maintain the confidentiality of all other supplier and bidding information. THE FOLLOWING CERTIFICATIONS MUST BE SIGNED BY THE OFFICER OF THE RFP BIDDER AND THE SIGNATURE MUST BE NOTARIZED OR ATTESTED WITH THE CORPORATE SEAL. (1) I certify that I am an Officer of the RFP Bidder, empowered to undertake contracts and bind the RFP Bidder. (2) I certify that this Part 2 Proposal will remain in full force and effect until seven (7) business days after the Bid Date. (3) I certify that to the best of my knowledge and belief, all information provided in the Part 2 Proposal is true and accurate. (4) I certify that the RFP Bidder is bidding independently and has no knowledge of any Proposal being submitted for this procurement event by another RFP Bidder in response to this RFP. (5) I certify that the RFP Bidder has maintained and will continue to maintain the confidentiality of its Proposal during the preparation of the Proposal, including in communicating with its financial institution for the purpose of preparing the Pre-Bid Letter of Credit or in communicating with advisors, if any. (6) I certify that, with only the exceptions noted in (5) above, the RFP Bidder has not otherwise disclosed, and will not otherwise disclose, publicly or to any other party any information relating to its Proposal, which could have an effect on whether another party submits a Proposal to this RFP, or on the contents of such Proposal that another RFP Bidder would be willing to submit in response to the RFP. Such information includes, but is not limited to: the fact that the RFP Bidder is submitting a Proposal in response to this RFP; the RFP Bidder’s Bids; the RFP Bidder’s number of blocks bid for any Product, any Combination, or for any bundle of Products and Combinations; the RFP Bidder’s estimation of the value of a Product or Combination; the RFP Bidder’s estimation of the risks associated with providing supply under the Master Agreement; and the RFP Bidder’s preference for bidding on specific Products or Combinations. I acknowledge that this certification must hold until the ICC has rendered its decision on the results of the procurement event. 6
  • 7. STANDARD PRODUCTS RFP       Name of RFP Bidder (7) I certify that any Bid on any Product or any Combination submitted in response to this RFP is binding until seven (7) business days after the Bid Date. Each Bid constitutes a binding and irrevocable offer to supply a block of a Product or a block of the Combination at the price provided as the Bid and under the terms of the Master Agreement submitted with the Part 2 Proposal. All Bids together constitute a binding and irrevocable offer to supply, under the terms of the Master Agreement submitted in the Part 2 Proposal, the number of blocks of each Product at each price submitted and the number of blocks of each Combination at each price submitted up to the specified maximum willingness to supply for each Segment of each month. (8) I certify that if the ICC approves some or all of the RFP Bidder’s Bids, a binding and enforceable obligation arises under the terms of the Master Agreement provided with the Part 2 Proposal to execute the Confirmation to supply and deliver energy to ComEd for each Segment of each month for which the RFP Bidder’s Bids are approved by the ICC. For each Segment of each month, the price paid to the RFP Bidder is the average of the RFP Bidder’s own winning Bids for all blocks of the Product and for all blocks of a Combination that includes that Segment of that month. (9) I acknowledge that if the ICC approves some or all of the RFP Bidder’s Bids, by the end of the first business day after the ICC decision approving the results, ComEd executes the signature page of the Master Agreement. ComEd also prepares and sends an unexecuted electronic copy of the Confirmation to the RFP Bidder. I acknowledge that the RFP Bidder must sign a copy of the unexecuted Confirmation and send the partially executed Confirmation electronically to ComEd to acknowledge the Transaction details by 12 PM (noon or 1 PM Eastern Prevailing Time) on the business day after receipt of the unexecuted electronic copy of the Confirmation. _____________ Signature of Officer Date _____________ Signature and Seal from Notary Public Date 7
  • 8. STANDARD PRODUCTS RFP       Name of RFP Bidder 2. Pre-Bid Letter of Credit PROVIDE ALL INFORMATION REQUESTED IN THIS SECTION 2 OF THIS PART 2 FORM. Please note that fields will expand to accommodate text. Pre-Bid Letter of Credit The RFP Bidder must provide an executed Pre-Bid Letter of Credit, drawn for the account of the RFP Bidder. The RFP Bidder must either use the Standard Pre-Bid Letter of Credit provided in Appendix 6 of the RFP Rules, or the RFP Bidder must submit a Pre-Bid Letter of Credit that incorporates only those modifications to the Standard Pre-Bid Letter of Credit accepted upon the evaluation of Part 1 Proposals. All approved modifications will be posted to the RFP Web site. An RFP Bidder may use any of the approved modifications, regardless of whether the RFP Bidder itself or another RFP Bidder proposed the modification. The RFP bidder is submitting an executed Pre-Bid Letter of Credit (check one): using the standard form; or incorporating only approved modifications. Amount of the Pre-Bid Letter of Credit The Pre-Bid Letter of Credit must be in an amount no less than $10,000 per block of the RFP Bidder’s Maximum Quantity, which is the sum of the maximum willingness to supply of the RFP Bidder across all Segments and all months. Amount of Pre-Bid Letter of Credit = Maximum Quantity 0 (blocks) x ($10,000) = $0 YOU MUST INDICATE THE AMOUNT OF THE PRE-BID LETTER OF CREDIT AND THE MAXIMUM QUANTITY ABOVE. YOU MAY, BUT YOU ARE NOT REQUIRED TO, USE THE WORKSHEET ON THE FOLLOWING PAGE TO CALCULATE THE MAXIMUM QUANTITY. IF YOU DO NOT WISH TO USE THE WORKSHEET, PLEASE PROCEED TO THE NEXT ITEM “RELEASE OF THE PRE-BID LETTER OF CREDIT”. 8
  • 9. STANDARD PRODUCTS RFP       Name of RFP Bidder The following worksheet is optional. You may use it to facilitate the calculation of the Maximum Quantity as the sum of the maximum willingness to supply across all months and Segments. Segment On-Peak Off-Peak Maximum willingness to supply Cannot Maximum willingness to supply Cannot Month (50 MW Blocks) exceed (50 MW Blocks) exceed June 2010       32       24 July 2010       44       29 August 2010       40       27 September 2010       27       18 October 2010       20       9 November 2010       25       18 December 2010       29       25 January 2011       26       23 February 2011       24       21 March 2011       21       16 April 2011       16       7 May 2011       18       8 June 2011       13 N/A 0 July 2011       40       14 August 2011       33       8 September 2011       3 N/A 0 October 2011 N/A 0 N/A 0 November 2011 N/A 0 N/A 0 December 2011       10       2 January 2012       11       3 February 2012       6 N/A 0 March 2012 N/A 0 N/A 0 April 2012 N/A 0 N/A 0 May 2012 N/A 0 N/A 0 Sum       (a)       (b) Maximum Quantity = Sum of Willingness to Supply for On-Peak Segments (cell a) 0 + Sum of Willingness to Supply for Off-Peak Segments (cell b) 0 = 0 9
  • 10. STANDARD PRODUCTS RFP       Name of RFP Bidder Release of the Pre-Bid Letter of Credit ComEd will release the Pre-Bid Letter of Credit no later than eight (8) business days after the Bid Date. If the ICC does not approve any of a particular RFP Bidder’s Bids, ComEd will release that RFP Bidder’s Pre-Bid Letter of Credit within one (1) business day of the ICC decision on the procurement event. Please provide any special instructions for returning the Pre-Bid Letter of Credit below. 10
  • 11. STANDARD PRODUCTS RFP       Name of RFP Bidder 3. Master Agreement Documents PROVIDE ALL INFORMATION REQUESTED IN THIS SECTION 3 OF THIS PART 2 FORM. Master Agreement Please confirm that you are providing the following with this Part 2 Proposal: Two (2) originals of the signature pages of the Master Agreement Signatory to the Master Agreement Both originals of the Master Agreement must be signed by the Officer of the RFP Bidder designated in the Part 1 Proposal whose contact information was provided in Section 1 of the Part 1 Form and whose contact information is confirmed in Section 1 of the Part 2 Form. RFP Bidders relying on the financial standing of a Guarantor If the RFP Bidder has named an RFP Guarantor in its Part 1 Proposal, the RFP Bidder must provide an original executed Guaranty with this Part 2 Form. Please confirm whether you are providing the following with this Part 2 Proposal: Original Executed Guaranty The Guaranty must be in the standard form provided as Schedule 2 to the Master Agreement or must include only those modifications accepted pursuant to the comment process that closed on March 25, 2010. All approved modifications to the Guaranty are posted to the RFP Web site. Each RFP Bidder may use any of the approved modifications, regardless of whether the RFP Bidder itself or another RFP Bidder proposed the modification. RFP Bidders Under an Agency Agreement ARE YOU SUBMITTING A PROPOSAL UNDER AN AGENCY AGREEMENT ? If NO, please check here and proceed to the next item in this Section. If YES, please provide the information in this item. 11
  • 12. STANDARD PRODUCTS RFP       Name of RFP Bidder Please confirm that you are providing the following with this Part 2 Proposal: An Officers’ Certificate, substantially in the form of Appendix 7 of the RFP Rules and signed by an officer of each Principal. IS A REPRESENTATIVE OF THE RFP BIDDER AUTHORIZED TO EXECUTE A CONFIRMATION PURSUANT TO THE MASTER AGREEMENT? If YES, please check here and proceed to the next item in this Section. If NO, please name below a representative of a Principal that is so authorized: Last Name of Representative Given Name(s) Mr/Mrs/Ms/Dr/(other)                   Telephone No. of Representative Alternate Telephone No. Email Address of Representative                   Fax No. of Representative       The individual named above must also execute the two (2) originals of the signature pages of the Master Agreement submitted with the Part 2 Proposal. RFP Bidders relying on the financial standing of a Foreign Entity as RFP Guarantor IS THE RFP BIDDER IS RELYING ON THE FINANCIAL STANDING OF A FOREIGN ENTITY AS RFP GUARANTOR? If NO, please check here and proceed to Section 4. If YES, please provide all information requested in this item. : Please confirm by checking all appropriate boxes below that you are providing the following documents with your Part 2 Proposal: One (1) original executed Opinion One (1) original sworn certificate of the corporate secretary (or similar officer) of the Foreign Entity that the person executing the Guaranty on behalf of the Foreign Entity has the authority to execute the Guaranty and that the governing board of such Foreign Entity has approved the execution of the Guaranty One (1) original sworn certificate of the corporate secretary (or similar officer) of the Foreign Entity that the Foreign Entity has been authorized by its governing board to enter into agreements of the same type as the Guaranty 12
  • 13. STANDARD PRODUCTS RFP       Name of RFP Bidder Please provide the name and contact information of an agent for acceptance of service of process in the United States: Legal Name of Agent       Street Address             City State Zip Code                   Last Name of Contact Given Name(s) Mr/Mrs/Ms/Dr/(other)                   Title/Position of Contact       Telephone No. of Contact Alternate Telephone No. Email Address of Contact                   Fax No. of Contact       13
  • 14. STANDARD PRODUCTS RFP       Name of RFP Bidder 4. Bids Each RFP Bidder submits its Bids electronically. The Procurement Administrator sends by overnight delivery to each RFP Bidder the Bid Form electronically on a CD. The Procurement Administrator also sends to each RFP Bidder instructions for completion of the Bid Form, for encryption of the Bid Form, and for electronic transfer of the completed Bid Form to the Procurement Administrator, as well as instructions for fax submission of the Bids in case of technical difficulties with the electronic transfer. These instructions will contain a username, password, and security codes unique to each RFP Bidder that will allow the Procurement Administrator to authenticate the Bids received. In case of technical difficulties, an RFP Bidder may print and fax its Bid Form to the Procurement Administrator. PLEASE REVIEW ALL RULES FOR THE SUBMISSION OF BIDS AS PROVIDED IN SECTION V.4 OF THE RFP RULES. BIDS MUST BE RECEIVED BETWEEN 10 AM AND 12 PM (NOON) CPT ON APRIL 28, 2010. I agree that if the Pre-Bid Letter of Credit is insufficient, the Procurement Administrator will determine the number of blocks that the Pre-Bid Letter of Credit can support and require the RFP Bidder to amend its Bids. If the RFP Bidder is not able to amend its Bids before 12 PM noon on the Bid Date, or if for any other reason the RFP Bidder’s Pre-Bid Letter of Credit remains insufficient to support the Maximum Quantity the Procurement Administrator will reduce the maximum willingness to supply for one or more months and Segments so that the Pre-Bid Letter of Credit is sufficient. I agree that the Procurement Administrator may modify the RFP Bidder’s Bids in a manner consistent with the process described in Section V.4 of the RFP Rules should such action be necessary because the amount of the Pre-Bid Letter of Credit is insufficient to support the RFP Bidder’s Bids. _____________ Signature of Officer Date I confirm that I have received the Confidential Information intact, and that to the best of my knowledge, no one but RFP Bidder Authorized Personnel has had access to this information. _____________ Signature of Officer Date 14
  • 15. STANDARD PRODUCTS RFP       Name of RFP Bidder Checklist This is a checklist of documents to be enclosed in the Part 2 Proposal. Three (3) originals of the completed Part 2 Form (with original signatures and original notarized signatures where required) [Instructions Part ] The following documents: An executed Pre-Bid Letter of Credit for the account of the RFP Bidder that either uses the standard form as provided in Appendix 6 of the RFP Rules, or a Letter of Credit that incorporates only those modifications to the standard form accepted by ComEd as a result of the evaluation of Part 1 Proposals. [Section 2] Two (2) originals of the signature pages of the Master Agreement [Section 3] One (1) Original Executed Guaranty if the RFP Bidder has named an RFP Guarantor in its Part 1 Proposal. [Section 3] Officers’ Certificate if the RFP Bidder is applying under an Agency Agreement. [Section 3] Opinion if the RFP Bidder has a Foreign Entity as RFP Guarantor. [Section 3] Additional Documents if the RFP Bidder has a Foreign Entity as RFP Guarantor. [Section 3] End of Part 2 Form 15

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