Q&A
The Procurement Administrator will endeavor to answer all submitted questions in a timely and professional manner in accord with the goals of the RFP process. Questions will be answered by the Procurement Administrator in the order they are received, except in those cases where a specific question requires additional consideration, thereby extending the response period.
#G4: Is the Pre-Qualification Application applicable to all three RFPs?
Yes, the Pre-Qualification as currently posted is applicable to all RFPs. If a bidder is interested in more than one RFP, only one Pre-Qualification Application and Bid Participation Fee need to be submitted. The deadline for submission is the earliest of the due dates for the selected RFPs:
(Posted 4/2/09)
#G3: Why is Bidder banking information included as part of the Pre-Qualification Application?
The compressed timeframe for contract execution means that as much of the contract information as possible is being collected in advance, in order to streamline contract preparation for winning bidders.
(Posted 3/31/09)
#G2: Is there a tie or link between being selected as a winning bidder in in the Capacity, Energy and RECs procurements?
No. The bids in each procurement are considered independently.
(Posted 3/30/09)
#G1: Can you please describe the purpose for the requirement of the Pre Bid LOC (ILOC), what is this used for and when will it be returned?
The purpose of the pre-bid letter of credit is to assure that winning bidders will execute a binding agreement to provide the offered product. The pre-bid letter of credit will be returned to winning bidders as soon as a binding contract is executed and any required performance assurance is provided. The pre-bid letter of credit will be returned to losing bidders soon after the winning bidders are notified.
(Posted 3/26/09)
#C21: Are the results of the Capacity RFP available?
Yes, the results have been posted to the ICC website.
(Posted 4/16/09)
#C20: Please provide submission instructions for the bidder registration materials.
Submission instructions are posted on the Bidder Registration page.
(Posted 4/8/09)
#C19: Are the values in the table on the Capacity RFP page the actual values being requested, or does the percentages quoted above the table need to be applied to those table numbers?
The numbers in the table are the actual values that will be procured, the percentages have already been applied. See also page 3 of the Capacity RFP.
(Posted 4/8/09)
#C18: Can a party other than the bidder or guarantor post the Pre-Bid Letter of Credit on behalf of a bidder?
Yes. Another party may post the pre-bid ILOC for a bidder's offer as long as that party uses the final Form of Pre-Bid ILOC provided as Attachment B, which will be posted on or before Wednesday, April 8th.
(Posted 4/3/09)
#C17: If a bidder has an existing EEI or other contractual agreement already in place with the Ameren Illinois Utilities, is it still necessary to post a Pre-Bid Letter of Credit?
Yes. All bidders must post a Pre-Bid Letter of Credit using the final Form, which will be posted on or before Wednesday, April 8th.
(Posted 4/3/09)
#C16: Will there only be one acceptable letter of credit for execution next week or will the acceptable changes be published for use? If possible can an answer to the changes be provided before April 8th in order to execute the Letter of credit with the bank? Lastly, will you accept a fax of the pre-bid letter of credit by April 10th with the hard copy to follow in the mail?
All bidders will be required to use the final Form of Pre-Bid Letter of Credit as posted on or before April 8th, without additional modifications. We are aware of the tight timeline to turn around the Letter of Credit, and best efforts will be made to issue the final document as early as possible, but we cannot guarantee anything earlier than April 8th. Fax submissions will be accepted on April 10th in order to meet the deadline.
(Posted 4/2/09)
#C15: Can a bidder post cash in lieu of an LC for the Pre-Bid LC requirement where the same terms of the LC would apply.
Section 5.6, Bidder Registration, of the Capacity RFP requires pre-qualified bidders to provide a pre-bid irrevocable letter of credit (ILOC) in the amount of $100,000. The RFP also specifies the form, date, and validity period for the ILOC.
This requirement is consistent with the 2008 AIU Capacity RFP that was successful last year. AIU has not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC.
(Posted 4/2/09)
#C14: What impact would FERC approval of MISO proposal for pro rata involuntary load shedding under emergencies in Docket No. ER09-660-000 have on Ameren’s requirement for a daily resource adequacy requirement?
It is possible that a FERC ruling on MISO’s proposal for pro rata load shedding may remove the daily resource adequacy requirement from MISO planning requirements. However, SERC/NERC operating standards may still require the daily resource adequacy requirement. Any ruling by FERC on this issue will be reviewed at that time for the impact on the daily resource adequacy requirement.
(Posted 4/1/09)
#C13: Beyond being designated as a MISO network resource and complying with MISO requirements, what other requirements must be met by a Capacity Seller in order for Buyer to be able to “utilize the Capacity Source as Daily Capacity to meet the Buyer’s LBA daily resource requirement”?
The Contract Quantity must be offered into the MISO Day-Ahead Energy Market in a manner that complies with the offer requirements of a Planning Resource under Section 69 of the TEMT. The Capacity Source or any replacement Capacity will be deemed to be “Available” to Buyer on any given day if it is not experiencing an Outage at the time the Ameren Illinois System Peak occurred on that day.
If the Capacity Source is unavailable because of a planned or force outage, the Seller shall provide an Outage Notice to Buyer’s LBA, and provide notice to Buyer if seller intends to provide replacement Capacity and the specifics of the replacement Capacity during such Outage. The Minimum Monthly Availability requirements in the Confirmation Agreement determine how the monthly Capacity Payment is adjusted based on Daily Availability during the month.
(Posted 4/1/09)
#C12: Our understanding is that any local requirements from SERC or the Local Balancing Authority would be included in MISO’s OATT, and ultimately reflected in MISO’s operating requirements. Therefore, wouldn’t a Capacity Supplier meet this part of the definition by the mere fact of being designated as a MISO network resource? If not, please explain.
No. MISO’s requirements for Capacity address the need for capacity from a planning perspective. The local requirements for Capacity from SERC or the LBA address daily operating issues which is different than planning requirements.
(Posted 4/1/09)
#C11: The Product Description on page 1 of the Confirmation Agreement (and in section 3.1 of the RFP) indicates as part of the definition for Capacity the right of the Buyer “to utilize the Capacity Source as Daily Capacity to meet the Buyer’s Local Balancing Authority (“LBA”) daily resource adequacy requirement.” Does this requirement imply in any way that a Capacity Supplier must be located within the Ameren territory?
No. The Capacity Supplier must be able to deliver capacity to the Ameren Illinois Utilities load zone.
(Posted 4/1/09)
#C10: Is it possible to get get feedback on specific contract comments prior to the posting of the final contracts?
No. All comments will be reviewed following the April 3rd submission deadline, and final contracts will be made available to all bidders and other interested parties on or before April 8th.
(Posted 4/1/09)
#C9: There are two Letter of Credit documents, Attachment B to the RFP (Form of Pre-Bid Letter of Credit) and Exhibit E to Attachment A of the RFP (Form of Letter of Credit). Which is the LOC document bidders should use and provide comments on by April 3rd?
The two Forms of Letter of Credit are for two different purposes. The Form of Pre-Bid Letter of Credit (RFP Attachment B) is to be used for the Letter of Credit that must be in place prior to bid submission, the purposes of which is to ensure that winning bidders sign contracts with the Ameren Illinois Utilities. The Form of Letter of Credit that is Exhibit E to the Confirmation Agreement (RFP Attachment A) will be used as Performance Assurance (as needed) following the signing of the Confirmation Agreement. Bidders are invited to submit comments to both documents (RFP Attachments A and B) prior to 5:00 pm CPT on Friday, April 3rd.
(Posted 4/1/09)
#C8: Can final binding bids be submitted prior to April 13th?
Final bids will only be accepted from 7:00 am CPT to 12:00 noon CPT on April 13th. The bid submission form (an Excel document) will, however, be available earlier and can be prepared in advance if so desired and then submitted on the Bid Date. The submission process will consist of uploading the saved Excel file to the secure procurement website.
(Posted 3/31/09)
#C7: When will the bidder registration and bid submission materials be available?
Bidder registration materials (including the final Form of Pre-Bid Irrevocable Letter of Credit and the Bidder Registration Form) will be provided to pre-qualified bidders on or before April 8th. Bid submission materials will be available to pre-qualified bidders prior to the Bidder Practice Session on April 9th.
(Posted 3/31/09)
#C6: What is the likelihood that the Confirmation Agreement will be revised to include bilateral performance assurance/collateral thresholds for both parties?
All bidders have the opportunity to submit comments to the Confirmation Agreement and Pre-Bid Letter of Credit. These comments will be reviewed and considered for inclusion in the final documents, which will be posted on April 8th.
(Posted 3/30/09)
#C5: Does each month require a price and will each month be evaluated separately? May we submit one price for June 2009 - May 2010 only to be procured for that term as a whole, but not each month separately?
Bids for each month will be evaluated independently. A price will be required for each 10-MW block bid, although more than one block can be bid at a given price. As stated in section 3.2 of the Capacity RFP: "Bidders may not offer bids with contingencies, such that acceptance of one bid is conditioned upon the acceptance or rejection of another bid." This holds true for bids within the same month and bids between different months.
(Posted 3/30/09)
#C4: Do bidders need to have an EEI in place?
The Confirmation Agreement is based on the EEI, therefore bidders do not need to have one previously in place, only the Confirmation Agreement will be needed.
(Posted 3/26/09)
#C3: Is the Confirmation Agreement negotiable? Do bidders need to have an EEI in place?
Bidders may submit proposed changes to the Confirmation Agreement in redlined form. All comments will be reviewed before finalizing the Confirmation Agreement (the final document will be available on April 8th). All winning bidders will use the same Confirmation and Pre-Bid Letter of Credit, therefore no negotiation will take place outside of the comment period.
(Posted 3/26/09)
#C2: In section 5.3.3 of the RFP it says that the bidder needs to certify that they are not part of a bidding agreement with another bidder. How should this certification be made?
This certification will be made as part of the Bidder Registration package, it does not need to be included with the Pre-Qualification Application. Language in a form that bidders will need to sign and return.
(Posted 3/26/09)
#C1: Section 5.3.2 of the RFP requests the latest 10-K and the latest 10-Q. Do you need the latest 10-Q if it is prior to the latest 10-K?
Yes, as stated in the RFP, please submit links to the latest 10-Q, latest 10-K, and any 8-Ks filed since the last 10-K or 10-Q, whichever is most recent. Paper copies of these documents do not need to be submitted if the documents are available electronically.
(Posted 3/26/09)
#E31: When will the Procurement Administrator be issuing Supplier Fee invoices to winning bidders?
Invoices will be issued shortly following RECs award notifications, they will be sent to winning bidders before the end of May, with payment due by June 30th, as stated on the Supplier Fee Form.
(Posted 5/14/09)
#E30: Are the results of the Energy RFP available?
Yes, the results have been posted to the ICC website.
(Posted 5/7/09)
#E29: Please clarify the definitions of the On-Peak Settlement Period "all hours starting Hour Ending ("HE") 0800 through HE 2300 Eastern Prevailing Time ("EPT") for weekdays excluding NERC holidays during the Term" and the Off-Peak Settlement Period "all hours of all calendar days in Eastern Standard Time ("EST") during the Term that are not On Peak hours in the ISDA Confirmation Letter."
There would be no overlap of hours, as the contract states Off-Peak would be all hours in EST that are not On-Peak hours. Therefore an hour cannot be both On and Off Peak.
Since the Midwest ISO (MISO) operates its market in EST year round, this is how the Financial Swap Market was established. This is consistent with how ICE trades the same product on its exchange. (Posted 5/4/09)
#E28: The schedule in the RFP states that bidders will be notified of selection on May 8, 2009, but Section 6.3 states: "All bids must remain open, firm and binding until 5:00 pm on May 8, 2009, or until the ICC has accepted or rejected the results of the procurement event." Please explain what "or until the ICC has accepted or rejected the results of the procurement event" means. Is there a chance bids will have to be open longer than 5:00 pm on May 8th?
No. The ICC may accept or reject the results of the procurement sooner than 5:00 pm on May 8, 2009, at which point non-winning bids are closed. The clause highlighted is intended only to clarify that the bids only need to remain open until the ICC decision, even if it occurs sooner than 5:00 pm on May 8, 2009.
(Posted 5/4/09)
#E27: How much is the supplier fee?
The supplier fee is preliminarily estimated to be $0.04/MWh. The final supplier fee and additional information will be posted on the Energy Bidder Registration by Monday, May 4th.
(Posted 5/1/09)
#E26: If a bidder was successful in the 2009 capacity procurement and provided a parent guaranty for the associated capacity contract(s), and then is successful in the 2009 energy procurement, can the capacity contract guaranty be replaced by a single consolidated guaranty that covers the capacity and energy contracts?
Yes, in this case, the Ameren Illinois Utilities would prefer to receive a single consolidated guaranty for both the capacity and energy contracts that would replace the capacity contract guaranty. Please see the Bidder Registration page for MSWord versions of the Form of Guaranty for bidders with both capacity and energy contracts.
(Posted 5/1/09, Revised 5/4/09)
#E25: Would a successful bidder for both the 2009 capacity and energy procurements be required to provide separate parent guaranties or a single guaranty for the two contracts?
Successful bidders for both the 2009 capacity and energy procurements can but will not be required to provide separate parent guaranties. Rather, they are encouraged to provide a single consolidated guaranty to cover all resulting capacity and energy Fixed Price Customer Supply Contracts for the three Ameren Illinois Utilities. [Note that Fixed Price Customer Supply Contracts also include BGS-FP Supplier Forward Contracts in effect with the AIUs after May 31, 2009.] Since the AIUs have determined a single unsecured credit limit for bidders, providing a single consolidated guaranty avoids dividing the unsecured credit amount among guaranties relating to these contracts. Having a single consolidated guaranty is also consistent with any collateral requests (margin calls) that would include both capacity and energy market exposure calculations.
(Posted 5/1/09)
#E24: The pre-bid LC and the performance assurance Form of LC (Exhibit B to the Confirmation Letter) contain language (in sections 5 and 6, respectively) that require the bank providing the LC to transfer any amounts drawn on that LC "at the opening of business on the first Business Day next succeeding the date of such drawing" if the drawing notification is made on or after 11:00 AM. What time is the "opening of business" for the purpose of these LCs?
The Ameren Illinois Utilities will expect any such transfer of funds by 10:00 AM on the next Business Day in the relevant time zone.
(Posted 5/1/09)
#E23: What information should be used to fill in the blanks for the Guaranteed Party (Ameren Illinois Utilities) in the Form of Guaranty?
Please see the Bidder Registration page for MSWord versions of the Form of Guaranty for bidders with various combinations of BGS, capacity and energy contracts that have the information for the "Guaranteed Party" filled in.
Please note that a single consolidated Guaranty (instead of three Guaranties) is recommended to cover the unsecured credit offered by the three Ameren Illinois Utilities. (Posted 5/1/09, Revised 5/4/09)
#E22: Will winning bidders be permitted to amend their guaranties (e.g., from $40 million, currently the unsecured cap for the AmerenIP contract for highest rated entities) to lower amounts, if the amount of load won justifies a lower maximum amount?
Yes. Please note that successful bidders will be required to provide collateral to cover any amount by which market exposure exceeds the guaranty. Thus lowering the guaranty below the unsecured credit award may increase that bidder's collateral requirement.
(Posted 4/30/09)
#E21: If a bidder was awarded blocks as a result of the 2009 Capacity RFP and posted cash collateral to the Ameren Illinois Utilities, how will the guaranties if that bidder is also awarded blocks as a result of the 2009 Energy RFP? If guaranties are issued for the Energy RFP up to the awarded collateral threshold, will that also cover the Capacity RFP, such that the cash collateral could be returned? Would that change the guaranty language?
Guaranties provided for successful bidders in the 2009 AIU Capacity and/or Energy Solicitations will cover both capacity and energy contracts. Thus if a successful bidder provided cash or a letter of credit as collateral for capacity contracts and is awarded any energy contracts, that bidder may put a guaranty in place to cover both contracts and AIU will return any collateral amounts, provided that any market exposure calculated at that point is less than the guaranty, i.e. additional collateral is not required.
(Posted 4/30/09)
#E20: Please clarify #E15, with regards to how the hourly quantities are involved in the clarification.
The monetary value for the monthly settlement will be determined by summing the hourly products of the difference between the Fixed Price and the Floating Price times the MW quantity for each hour in the appropriate calendar month. The Fixed Price will be provided from the terms of the ISDA Confirmation Letter and the hourly Float Price can currently be obtained from the Midwest ISO webpage under the "Market Info" tab.
(Posted 4/30/09)
#E19: What are the shares of the products for each of the Ameren Illinois Utilities?
As stated in section 4.1 of the RFP, the products will be divided between the three Ameren Illinois Utilities as follows: 50% to AmerenIP, 33% to AmerenCIPS, and 17% to AmerenCILCO.
(Posted 4/29/09)
#E18: How will the required amount of the guaranty be set?
Consistent with paragraph 5.5 of the RFP for Standard Wholesale Energy Products, an unsecured credit limit (collateral threshold) has been determined for each bidder or its designated guarantor. A bidder's guarantor may provide a guaranty in any amount it chooses, provided, however, the Ameren Illinois Utilities (AIUs) will assign a value to a guaranty only up to the unsecured credit limit determined for that guarantor. The bidder will be required to post cash or letter of credit to cover amounts of calculated exposure that exceed the lower of (i) the unsecured credit limit specified by the guaranty or (ii) the guarantor's credit limit.
(Posted 4/29/09)
#E17: Please explain the "Fixed Price Customer Supply Contract" concept and how it affects the revised definition of "Exposure" in the ISDA Confirmation.
The Fixed Price Customer Supply Contract concept attempts to link the 2009 capacity RFP and 2009 energy RFP contracts (and any other contracts designated as Fixed Price Customer Supply Contracts) through cross default (see Section 1(j) of the form agreement), close-out netting (see Section 1(i) of the form agreement) and collateral netting (see Section 8(a) of the form agreement and Total Exposure Amount discussion below). In this way, the credit exposure and default risk of both parties under Fixed Price Customer Supply Contracts is mitigated to some degree.
As discussed above, the Total Exposure Amount is the method of providing for collateral netting across all Fixed Price Customer Supply Contracts to allow for more efficient use of collateral and of credit limits. For the Confirmation Letter, the normal definition of “Exposure” applies. For other Fixed Price Customer Supply Contracts, however, “exposure” is defined pursuant to the particular Fixed Price Customer Supply Contract and will apply and be netted with the Confirmation Letter “Exposure” to determine the Total Exposure Amount applicable across all Fixed Price Customer Supply Contracts. (Posted 4/29/09)
#E16: How does the contract for the Energy RFP work?
The structure of the Energy RFP contract is a long form confirmation; meaning that all transactions between a bidder and a utility will be placed into Table 1 and will be governed by this single document. The long form confirmation incorporates the 1992 ISDA Master Agreement and 1994 ISDA Credit Support Annex. This structure is different from a master agreement with different confirmations underneath it, but functionally works in the same way by having all transactions and legal documents act as a single agreement; the long form confirmation, though, is one document with only one signature block.
(Posted 4/29/09)
#E15: How is the monthly settlement value calculated under the ISDA Confirmation Letter?
The monetary value for the monthly settlement will be the determined by summing the hourly differences between the Fixed Price and the Floating Price for the appropriate calendar month. The Fixed Price will be provided from the terms of the ISDA Confirmation Letter and the hourly Float Price can currently be obtained from the Midwest ISO webpage under the "Market Info" tab.
(Posted 4/29/09)
#E14: When will the ICC meet to approve the results of the Energy RFP?
The ICC currently has Special Open Meetings scheduled for Thursday, May 7, 2009 at 10:30 am and Friday, May 8, 2009 at 10:30 am with the Energy RFP results on the agenda.
(Posted 4/28/09)
#E13: Why are the collateral thresholds not consistent with the ComEd Standard Products RFP?
Each bidder's total collateral threshold under the Ameren Illinois Utilities Capacity and Energy RFPs is consistent with the ComEd Standard Products RFP. The values in the individual contracts will be different because the collateral threshold is divided over three utilities, but the total amount is the same.
(Posted 4/28/09)
#E12: Will winning energy bidders execute a single contract covering all three Ameren Illinois Utilities, or three contracts, one with each Ameren Illinois Utility?
Winning energy bidders will execute three contracts, one with each Ameren Illinois Utility.
(Posted 4/28/09)
#E11: When will bidder registration and bid submission materials be available?
The Bidder Registration Form and Form of Pre-Bid Letter of Credit, along with submission instructions for both are now posted on the Energy Bidder Registration page. Bid submission materials are also available. If you are affiliated with a pre-qualified bidder but do not have the password to access the page, please contact aiurfp@levitan.com.
(Posted 4/28/09)
#E10: Who should be listed as the beneficiary contact and address for the pre-bid letter of credit? Also, approximately how long will this pre-bid letter need to be issued for?
Information regarding submission and terms of the pre-bid letter of credit can be found on the Energy Bidder Registration page. If you are affiliated with a pre-qualified bidder but do not have the password to access the page, please contact aiurfp@levitan.com.
(Posted 4/24/09)
#E9: Will winning bidders be permitted to execute one parental guaranty covering all three entities (CILCO, CIPS and IP), or will they be required to execute three separate guaranties, one for each utility?
Winning bidders will have the option to provide either a single guaranty covering all three Ameren Illinois Utilities or three separate guaranties, one for each transaction. The Ameren Illinois Utilities' credit personnel will work with winning bidders following award notifications to answer any bidder-specific questions.
(Posted 4/22/09)
#E8: If there are multiple bidders that are affiliated with each other and are part of the same corporate entity, will they be subject to an overall unsecured credit limit?
Yes; the total amount of unsecured credit offered to affiliated bidders will be limited to the maximum of $80 million of unsecured credit that could be offered to any single bidder. This maximum limit will be applied regardless of whether the affiliated bidders rely on a parent company guarantee. If the total of the unsecured credit amounts calculated for the affiliated bidders exceeds the $80 million maximum, then the $80 million of unsecured credit will be divided among the affiliated bidders pro rata with the unsecured credit amounts calculated for the individual affiliated bidders.
(Posted 4/21/09)
#E7: When will winning bidders have to have executed guaranties or other forms of performance assurance in place?
As stated in the RFP, the Ameren Illinois Utilities will enter into binding contracts within three days after the ICC decision approving the results of the procurement event. Performance assurance must be provided immediately following contract execution, that is, the performance assurance will also be due within three business days of the ICC decision. Under the IPA Act, the ICC is allowed two business days to make its decision. If they take the full two days, the decision and award notifications will take place on Friday, May 8th, and contracts and associated documents will need to be executed and in place by Wednesday, May 13th. If the ICC takes less time to make its decision, the notification and execution dates will be moved up accordingly.
(Posted 4/21/09)
#E6: Is the notification / contract execution schedule likely to remain as initially stated?
The Procurement Administrator and Procurement Monitor will submit their reports to the ICC on Wednesday, May 6th. The ICC will then have until Friday, May 8th, to accept or reject the results of the RFP. It is possible that the ICC will not take the whole two days, but nothing earlier than May 8th can be guaranteed. If the information is available in advance, we will notify bidders of the ICC's meeting schedule. Winning bidders will have three business days from the ICC decision to execute contracts and post performance assurance.
(Posted 4/20/09)
#E5: The Energy RFP, page 4, indicates that the floating price will be at the Ameren Illinois Utilities Load Zone, which implies a single settlement node. However, the confirmations indicate different settlement indices for each of the three utilities. Will there be different settlement points and different settlement prices for each utility?
AMIL.BGS3 (AmerenCILCO), AMIL.BGS6 (AmerenCIPS) and AMIL.BGS9 (AmerenIP) are slices of the AIU system with the same LMPs.
(Posted 4/20/09)
#E4: Can a bidder post cash in lieu of an LC for the Pre-Bid LC requirement where the same terms of the LC would apply?
Section 5.6, Bidder Registration, of the Energy RFP requires pre-qualified bidders to provide a pre-bid irrevocable letter of credit (ILOC) in the amount of $250,000. The RFP also specifies the form, date, and validity period for the ILOC.
This requirement is consistent with the 2008 AIU Energy RFP that was successful last year. The Ameren Illinois Utilities have not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC.
(Posted 4/16/09)
#E3: When will the Pre-Bid Letter of Credit and Bidder Registration forms be available to fill out?
The Bidder Registration form will be available on either April 24th or April 27th. The final Form of Pre-Bid Letter of Credit is scheduled to be released on or before April 29th, as stated in the RFP, although efforts will be made to release it sooner, given the tight schedule. The deadline for submitting the Pre-Bid Letter of Credit and the Bidder Registration Form has been changed to Monday, May 4th, in order to give bidders as much time as possible to secure the necessary LC. Additional instructions will be made available once the forms are issued.
(Posted 4/16/09)
#E2: Will bidders have the opportunity to bid on seasonal or annual packages (such as Q4 09 on peak or PY '09 ATC) or will there be 48 separate products?
There will be 48 separate products.
(Posted 4/16/09)
#E1: What is the volume of energy to be procured through the Energy RFP?
The volumes of energy products to be procured will be presented in the Energy RFP when it is issued on April 8th. In the interim, page 33 the IPA's Procurement Plan states the volumes anticipated to be procured in this RFP.
(Posted 3/31/09)
#R34: Is there a minimum required amount of REC's to be delivered on a monthly basis starting in June 2009?
No. The delivery schedule is at the discretion of the bidder, as long as all the RECs are delivered by the contract deadline. See Section 3 (Deliveries and Quantity) of the REC Contract for more information.
(Posted 5/15/09)
#R33: When will the Procurement Administrator be issuing Supplier Fee invoices to winning bidders?
Invoices will be issued shortly following award notifications, they will be sent to winning bidders before the end of May, with payment due by June 30th, as stated on the Supplier Fee Form.
(Posted 5/14/09)
#R32: If a bidder is not located in PJM or MISO and is not currently a member of a RECs tracking system, how should that bidder certify their RECs under Section 6 of the REC Contract?
Both PJM GATS andd M-RETS allow generators outside of their ISO service areas to register with them.
(Posted 5/13/09)
#R31: Is Green-e an acceptable Certification Authority for purposes of this transaction?
Yes, Green-e will be accepted as an alternative tracking system and Certification Authority for this procurement.
(Posted 5/13/09)
#R30: Is ERCOT an acceptable Certification Authority for purposes of this transaction?
Yes, ERCOT will be accepted as an alternative tracking system and Certification Authority for this procurement.
(Posted 5/13/09)
#R29: Is preference given either to Unit-Specific or Unit Non-Specific bids?
No. Whether bids are for Unit-Specific or Unit Non-Specific RECs is not considered in the evaluation process. This information is requested with bid submission only to streamline contract preparation.
(Posted 5/13/09)
#R28: Do bidders need to submit signed contracts in advance of submitting bids?
No. The only items that are needed from bidders in advance of or on bid day are:
1. Bidder Registration Form, signed and faxed (617-531-2826) or emailed by 5:00 pm on Friday 5/15
2. Pre-Bid Letter of Credit, faxed (617-531-2826) or emailed by 5:00 pm on Friday 5/15 with original to be delivered on Monday 5/18 3. Supplier Fee Form, signed and faxed (617-531-2826) or emailed by 12:00 noon on Monday 5/18 4. Completed Bid Form, submitted as described in the Bid Submission section of the Bidder Registration page All contract execution steps will occur following award notifications to winning bidders. The Ameren Illinois Utilities will prepare partially executed contracts, which will be sent to winning bidders to sign and return.
(Posted 5/13/09)
#R27: Does a delivery schedule need to be provided in advance of bid day or with the bid?
No. The Delivery Schedule will be filled in during the contract execution phase, it does not need to be specified in advance of being awarded blocks.
(Posted 5/13/09)
#R26: Does the company representative who signs the Bidder Registration Form and Supplier Fee Form need to be the same officer who will sign the REC Contract?
No. The Bidder Registration Form and Supplier Fee Form need to be signed by a representative who can bind the company to the contents of those forms, but it can be a different person that the officer who will sign the contracts if a bidder is awarded blocks.
(Posted 5/13/09)
#R25: What information will bidders need to provide regarding the RECs bid at the time of bidding?
On bid day, bidders will need to specify the number of 5,000-REC blocks they are bidding at a given price in each of one or more REC Classes. Additionally, bidders will need to specify whether the RECs will be Unit-Specific or Unit Non-Specific. If Unit-Specific is selected, the Name, Location, EIA number, and Online Date of each facility will also need to be specified. Finally, bidders will need to indicate which Certification Authority they will be utilizing. Please see Section 6 of the REC Contract and #R21 below for additional information.
(Posted 5/12/09)
#R24: Do the exact months have to be specified for generation?
Please see Section 3 (Deliveries and Quantity) of the REC Contract for details of how the Delivery Schedule will be set.
(Posted 5/12/09)
#R23: Do the RECs bid into this procurement have to be specified by unit, or only by Class?
As stated in Section 3.4 of the RECs RFP, bidders do not need to specify the source of the RECs in advance of submitting bids. However, each block must consist of RECs that have the same vintage and are only of one Class. Section 5 of the REC Contract presents two options bidders, to specify that the RECs included in the Contract are either unit-specific (Option 1) or unit non-specific (Option 2). Bidders will indicate as part of the bid submission process which Option they are choosing.
(Posted 5/12/09)
#R22: What is the Applicable Program for this contract, as referenced in Section 6 of the REC Contract?
The Applicable Program for this contract is the Illinois Renewable Portfolio Standard, as defined in 20 ILCS 3855/1-75(c).
(Posted 5/12/09)
#R21: What constitutes a Certification Authority, as referenced in Section 6 of the REC Contract?
A definition of Certification Authority is provided in Section 1.12 of the Master REC Agreement (attached to the REC Contract as Exhibit E). A definition of GIS, as included in the Certification Authority definition, is provided in Section 1.32 of the Master REC Agreement.
(Posted 5/12/09)
#R20: If a bidder's Collateral Threshold is not adequate to cover the full amount of Performance Assurance, is it possible to avoid posting a guaranty, letter of credit or cash?
Yes, because RECs generated as early as January 1, 2009 will be accepted, a winning bidder can deliver all or a portion of their awarded quantity on the contract Effective Date, which would reduce the Remaining Contract Value that Performance Assurance would be posted to cover.
(Posted 5/11/09)
#R19: What are the generation and delivery deadlines for RECs awarded through this RFP?
RECs must be generated by May 31, 2010 and delivered by July 15, 2010. See Section 3 (Deliveries and Quantity) of the final REC Contract for more details.
(Posted 5/11/09)
#R18: Do bidders need to submit one Pre-Bid Letter of Credit, or three (one for each Utility)?
Bidders only submit one Pre-Bid LC, which covers all three Utilities.
(Posted 5/8/09)
#R17: Who is the beneficiary contact for the Pre-Bid Letter of Credit?
The relevant contact information for the Pre-Bid Letter of Credit is shown in paragraph 15 of the Letter of Credit, and also is listed on the Bidder Registration page.
(Posted 5/8/09)
#R16: Will winning energy bidders execute a single contract covering all three Ameren Illinois Utilities, or three contracts, one with each Ameren Illinois Utility?
Winning RECs bidders will execute three contracts, one with each Ameren Illinois Utility.
(Posted 5/8/09)
#R15: The pre-bid LC and the performance assurance Form of LC (Exhibit C to the REC Contract) contain language (in sections 5 and 6, respectively) that require the bank providing the LC to transfer any amounts drawn on that LC "at the opening of business on the first Business Day next succeeding the date of such drawing" if the drawing notification is made on or after 11:00 AM. What time is the "opening of business" for the purpose of these LCs?
The Ameren Illinois Utilities will expect any such transfer of funds by 10:00 AM on the next Business Day in the relevant time zone.
(Posted 5/8/09)
#R14: What is the highest amount of collateral a bidder might need to post if awarded RECs through this procurement?
As explained in Section 11(d)(ii)(B) on page 6 of the draft REC Contract, the Performance Assurance required for this transaction "shall be equal to the positive difference, if any, between 10% of the Remaining Contract Value and the Seller’s Collateral Threshold, rounded up to the nearest $10,000, as estimated by Buyer." The budget for the total procurement is $16.6 million, therefore that would be the highest total contract value a bidder could be awarded.
(Posted 5/7/09)
#R13: If an unrated entity posts a guaranty from a creditworthy parent, what is the methodology for determining the dollar amount of this unconditional guaranty?
The amount of unsecured credit (collateral threshold) awarded to a bidder will be determined based on the guarantor's long-term unsecured senior debt credit ratings, as shown in Table A of the 2009 Energy RFP. The amount of the parent guaranty would normally be equal to the amount of unsecured credit. The guarantor may provide a guaranty for less than that amount, but lowering the guaranty may increase that bidder's collateral requirement (as explained in #E22).
(Posted 5/1/09)
#R12: Can bidders post cash in place of the pre-bid letter of credit?
Section 5.6, Bidder Registration, of the RECs RFP requires pre-qualified bidders to provide a pre-bid irrevocable letter of credit (ILOC) in the amount of $10,000. The RFP also specifies the form, date, and validity period for the ILOC.
This requirement is consistent with the 2009 AIU RECs RFP that was successful last year. The Ameren Illinois Utilities have not established a procedure or rules for accepting cash or other collateral in place of the pre-bid ILOC. The Procurement Administrator does not consider the ILOC requirement unduly burdensome for bidders. Therefore cash or other collateral cannot be provided as a substitute for the pre-bid ILOC.
(Posted 5/1/09)
#R11: The timeline for producing the $10,000 pre-bid letter of credit is very tight, is there any way to expand the schedule?
We will make every effort to turn the final pre-bid letter of credit around earlier than Monday, May 11th, although we cannot guarantee that it will available prior to the date stated in the RFP. The LC will then be due by 5:00 pm CPT on Friday, May 15th, but at that point we will only need a faxed or emailed copy of the LC, in order to give bidders as much time as possible to secure the LC, with the original to follow for delivery on Monday, May 18th.
(Posted 5/1/09)
#R10: When will the Bidder Registration materials be available to pre-qualified bidders?
There are two components to the Bidder Registration process, the Bidder Registration Form and the Pre-Bid Letter of Credit. The Bidder Registration Form will be available to pre-qualified bidders upon notification of pre-qualification and credit status, i.e. no later than Friday, May 8th. The final form of the Pre-Bid Letter of Credit will be available on or before Monday, May 11th. Please see #R11 above for more information about the Pre-Bid LC.
(Posted 5/1/09)
#R9: If a bidder in the RECs RFP does not have credit ratings, what information should be provided?
An explanation of why the bidder does not have credit ratings (e.g., privately-held company) will suffice for the pre-qualification application. If we have additional questions as part of the credit review we will follow up with the bidder.
(Posted 4/28/09)
#R8: Do bidders filling out pre-qualification applications for only the RECs RFP need to provide audited financial statements as requested on page 4 of the application? This requirement is not discussed in the RFP itself.
Bidders participating in only the RECs RFP do not need to provide financial statements. The same pre-qualification application is being used for all three RFPs involved in the procurement process, and the financial statements were needed for the collateral threshold calculation under the Capacity and Energy RFPs. For the RECs RFP, collateral threshold calculation is based only on credit ratings, as described on pages 9 and 10 of the RFP.
(Posted 4/28/09)
#R7: How will bidder credit thresholds be determined for the RECs RFP? If a bidder has already received a credit threshold as part of the Capacity and/or Energy RFPs, does that affect the RECs threshold?
Collateral thresholds for the RECs RFP will be determined based on bidder credit ratings as provided in the Pre-Qualification Application relative to the categories in Table A on page 10 of the RFP. Collateral thresholds for RECs contracts are independent of the thresholds calculated for the Capacity and Energy RFPs.
(Posted 4/27/09)
#R6: If a bidder has already completed a pre-qualification package (consisting of a Pre-Qualification Application and Bid Participation Fee) for one of the other RFPs, is any additional information or documentation required to be pre-qualified for the RECs RFP?
No. Each bidder only needs to submit a single pre-qualification package for participation in all three RFPs. Credit thresholds for the RECs RFP will be calculated separately from the threshold for the Capacity and Energy RFPs, but the same credit rating information will be used. Bidders will be notified of their RECs pre-qualification status on or before May 8th.
(Posted 4/24/09)
#R5: Section 3.4 of the RECs RFP states that the RECs in each block must "have the same vintage"? Please clarify what it means to have the same vintage.
To have the same vintage, for purposes of this RFP, means only that the RECs must all be generated during the Vintage "Year" of January 2009 to May 2010.
(Posted 4/22/09)
#R4: The RFP states that the RECs to be procured are Unit Non-Specific, but the draft REC Contract shows two options under Section 5 (Facility Information), for both Unit-Specific and Unit Non-Specific, how will these options be handled during the RFP process?
As part of the Bidder Registration process, all pre-qualified bidders will be required to attest that the RECs they are bidding will be derived from eligible renewable resources from one of the six REC classes, as included in their bid. The form for making this attestation will br provided to bidders. Also as part of the registration process, we will give bidders the opportunity to declare the source of their RECs in order to streamline the contract execution process if Option 1 (Unit-Specific RECs) is the desired contract structure.
(Posted 4/21/09)
#R3: The RECs RFP references two different periods: June 2009 to May 2010 and January 2009 to May 2010, please explain how these are connected.
This RFP is designed to procure RECs for the June 2009 to May 2010 procurement period. RECs generated from January 2009 to May 2010 can be used to meet the procurement target quantity for that period.
(Posted 4/21/09)
#R2: How many RECs will be procured through this RFP, and what is the RECs budget?
The quantity of RECs to be procured and the budget will be presented in the RECs RFP when it is issued on April 20th. In the interim, page 40 the IPA's Procurement Plan has additional information on these subjects.
(Posted 4/16/09)
#R1: Is the information from the 2008 AIU RECs procurement available for review prior to the posting of the 2009 documents?
Yes. The procurement information from the 2008 RECs procurement is available here.
(Posted 4/8/09)
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