PECO Procurement For Default Supply

FAQs

Rules

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FAQ-71:
Can PECO confirm whether it is participating in Stage 1A and Stage 1B and will have ARR credits to transfer to winning bidders for the products available in the March 2025 Solicitation? Will any data be made available to RFP Bidders?

PECO will confirm whether it is participating in Stage 1A and Stage 1B and will have ARR credits to transfer to winning bidders for the products available in the March 2025 Solicitation. This confirmation is expected to be sent to RFP Bidders by March 3, 2025.

If PECO is participating in Stage 1A, PECO will provide the results including the paths and the amount of MWs awarded along with an allocation estimate for each Class on March 10, 2025. If the results are not available from PJM on March 10, 2025, PECO will provide the paths and the amount of MWs nominated in Stage 1A with an allocation estimate for each Class. This information will be provided on a confidential basis to RFP Bidders that submit a Part 2 Proposal.

Regardless of whether PECO plans to participate in Stage 1B, due to the timing of the 2025 PJM nomination process, no information will be made available to RFP Bidders in this solicitation regarding Stage 1B.

02/13/2025 in Rules
FAQ-69:
Are there provisions for how confidential financial information submitted with the Proposal will be handled by PECO?

For purposes of submitting to the requirements of section IV.2 of the RFP Rules, each RFP Bidder elects: (a) to rely on its own financial standing; or: (b) to rely on the financial standing of an “RFP Guarantor”; or: (c) to rely on the financial standing of a Principal. An RFP Bidder that relies on its own financial standing must submit available financial information for the RFP Bidder by upload to the online Part 1 Form or by email at PECOProcurement@nera.com. An RFP Bidder that relies on its own financial standing must also submit all available credit ratings for the RFP Bidder from the following rating agencies: S&P Global Ratings (“S&P”), Moody’s Investors Service, Inc. (“Moody’s”), and Fitch Ratings (“Fitch”).

In practice, for purposes of evaluating the creditworthiness of each RFP Bidder, the Independent Evaluator will provide a summary of the financial information to PECO for the entity upon whose financial standing the bidder relies under items (a) through (c) above. This includes the credit ratings provided by the RFP Bidder in the online Part 1 Form and the pages of the backup financial documentation necessary to verify the calculation of an entity’s tangible net worth. The financial information is transmitted to select representatives at PECO, who have executed a Confidentiality Statement in the form of Appendix 12 to the RFP Rules, via a secure file transfer system maintained by the Independent Evaluator. Attachments sent via the Independent Evaluator’s secure file transfer system expire after 30 calendar days and cannot be accessed after such time.

While PECO has no obligation under the RFP to destroy the financial information for an entity that does not sign the Uniform SMA, PECO is likewise under no obligation to retain such financial information. The confidentiality provisions for handling of proposal materials is described in the RFP Rules in Section VII.4. The Independent Evaluator and representatives from PECO involved in the evaluation of Proposals will consider all data and information provided by RFP Bidders in response to this RFP to be confidential and will attempt to limit its disclosure to the public in accordance with the provisions of this section. PECO will also take reasonable action to ensure that its employees, representatives and agents authorized to consider and evaluate all Proposals protect the confidentiality of such data and information. Each representative of the Independent Evaluator and PECO that has access to any portion of the Proposals is required to sign a Confidentiality Statement in the form of Appendix 12 to these RFP Rules prior to evaluation of any portion of the Proposals. The list of all signatories is available to an RFP Bidder upon request.

However, absolute protection from public disclosure of the RFP Bidders’ data and information filed in response to this RFP cannot be provided and is not intended. By submitting a Proposal in response to this RFP, each RFP Bidder acknowledges and agrees to the limitations of the confidentiality provisions set forth in this section. In addition, the RFP Bidders’ data and information filed in response to the RFP will be disclosed if required by any federal, state or local agency (including, without limitation, the Commission) or by a court of competent jurisdiction. PECO or the Independent Evaluator will notify the RFP Bidder in advance of such disclosure and cooperate with such RFP Bidder, to the extent deemed reasonable by PECO, and at the expense of the RFP Bidder, to prevent the disclosure of such materials. In any event, PECO, its employees, and agents including the Independent Evaluator will not be responsible to the RFP Bidders or any other party or liable for any disclosure of such designated materials before, during or subsequent to this RFP.

02/04/2025 in Rules
FAQ-63:
What is the timeline for notifying PECO of a change to a credit rating or the financial condition of the entity on which the Default Supplier relies for creditworthiness under the Uniform SMA?

A Default Supplier that relies on the financial standing of itself or a Guarantor under the Uniform SMA, must agree to promptly notify PECO of any change in its credit rating or financial condition or that of its Guarantor, as stated in Section 6.8(a). Such Default Supplier or Guarantor must also furnish evidence of an acceptable credit rating or financial condition upon the request of PECO. Information related to confidential treatment of documents or information furnished by a Party in connection with the Uniform SMA is provided in Section 16.12 Confidentiality.

01/28/2025 in Rules
FAQ-59:
When will the Independent Evaluator notify RFP Bidders of lowest-priced Bids?

The Independent Evaluator phones each RFP Bidder that has submitted Bids by 3 PM on the Bid Date and identifies the RFP Bidder’s Bids that are provided to the Commission as lowest-priced Bids. The Independent Evaluator also provides a notification to the RFP Bidder by email.

12/16/2024 in Rules
FAQ-57:
Can we submit cash or a surety bond instead of posting a Pre-Bid Letter of Credit with the Part 2 Proposal?

No, neither cash nor surety bonds are an acceptable form of pre-bid security. With the Part 2 Proposal, an RFP Bidder must provide an executed Pre-Bid Letter of Credit. An RFP Bidder must either use the Standard Pre-Bid Letter of Credit available on the RFP website, or a Pre-Bid Letter of Credit that incorporates only those modifications to the Standard Pre-Bid Letter of Credit that have been approved by PECO and posted to the RFP website.

12/16/2024 in Rules
FAQ-54:
For an RFP Bidder relying on the financial standing of a Foreign Guarantor, when must the additional documents listed under Paragraph V.5.3 of the RFP Rules be submitted?

With the Part 2 Proposal, an RFP Bidder that relies on the financial standing of a Foreign Entity as RFP Guarantor, must provide fully executed versions of the additional documents listed under Paragraph V.5.3 of the RFP Rules for the Foreign Entity as RFP Guarantor to be granted unsecured credit and for the RFP Bidder to rely on the financial standing of the RFP Guarantor under the terms of the Uniform SMA.

With the Part 1 Proposal, the RFP Bidder may, but is not required to, submit a draft of these documents. If an RFP Bidder submits a draft of the documents for evaluation, the Independent Evaluator will provide this evaluation to the RFP Bidder, including notice of any changes required to the documents, along with the Part 1 Notification. Any evaluation communicated to the RFP Bidder of such draft documents is final. The RFP Bidder cannot submit a subsequent request for changes on the basis of this evaluation.

Please see Paragraphs IV.5.3 and V.5.3 of the RFP Rules for additional requirements applicable to RFP Bidders with Foreign Guarantors. The RFP Rules are available on the Supplier Documents page of the RFP website.

12/16/2024 in Rules
FAQ-52:
Can an RFP Bidder rely on the financial standing of an RFP Guarantor that does not file a SEC Form 10-Q/10-K? If so, what are the requirements?

In order to rely on the financial standing of an RFP Guarantor, discrete financial information must be available for the RFP Guarantor.

An RFP Bidder must submit the RFP Guarantor’s most recent quarterly financial information, including a balance sheet, income statement, cash flow statement, and any accompanying notes and schedules. If the SEC Form 10-Q/10-K is unavailable, the RFP Bidder must submit the RFP Guarantor’s most recent quarterly, monthly, or bi-annual financial information accompanied by an attestation by the entity’s Chief Financial Officer (or similar position) that the information contained in the financial statements fairly presents in all material respects the financial condition and results of the operations of the entity. The requirements for this attestation are provided more specifically in Appendix 5 of the RFP Rules.

12/16/2024 in Rules
FAQ-51:
In Section 4 of the Standard Part 1 Form, an RFP Bidder that has not previously qualified pursuant to a successful Part 1 Proposal is required to provide a copy of the signature page of the Reliability Assurance Agreement (“RAA”). If the signature page is not available, can an RFP Bidder provide the current version of the RAA posted to PJM’s website including Schedule 17, which lists the parties to the RAA, to meet this requirement?

If the RFP Bidder is a signatory to the Reliability Assurance Agreement (“RAA”) and the signature page is unavailable, the RFP Bidder may provide the current version of the RAA posted to PJM’s website including Schedule 17, which lists the parties to the RAA, to meet this requirement. For purposes of completing the Part 1 Proposal, the RFP Bidder must also provide a statement in Section 6 Justification of Omissions of the Part 1 Form explaining the signature page is not available.

12/16/2024 in Rules
FAQ-50:
Who can sign the Inserts required for the Part 1 and Part 2 Proposals?

Please see Paragraph III.1.13 of the RFP Rules. For a given solicitation, all representations and certifications required by the RFP, including those required for the Part 1 Proposal and Part 2 Proposal, must be made by a single individual who serves as Officer of the RFP Bidder. An Officer of the RFP Bidder is an individual authorized to undertake contracts (including the Uniform SMA) and bind the RFP Bidder.

12/16/2024 in Rules
FAQ-49:
If we use a digital signature to complete the Inserts, what additional document or information must be provided to verify the identity of the signatory? Can you provide an example?

The Independent Evaluator accepts digital signatures. The Inserts may be completed by digitally signing the Insert and providing along with the completed Insert an additional document or information that verifies the identity of the signatory. Additional documentation or information may include: (i) a certificate of completion if the signatory uses DocuSign; (ii) a Final Audit Report if the signatory uses Adobe Sign; (iii) evidence that the digital signature has been certified by the signatory using a document signing Certificate if the signatory uses a digital signature created in Adobe Acrobat; or (iv) other documentation or information produced by a commercially available software that can be used by the Independent Evaluator to verify the identity of the signatory. The Independent Evaluator has posted a Digital Signatures Instructions document to the Supplier Documents page of the RFP Website.

Please note that for purposes of completing an applicable Insert, a “digital” signature is one that is created using commercially available software (such as DocuSign, Adobe Acrobat, or Adobe Sign), which generates an additional document or information that can be used by the Independent Evaluator to verify the identity of the signatory. A digital signature is different from an “electronic” signature, which is computer-generated but is not created using a software that generates additional documentation or information that can be used to verify the identity of the signatory. An example of an electronic signature is an image of a signature.

12/16/2024 in Rules

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