FAQs
Applications
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FAQ-154:
How do you determine the amount a bidder should provide as its pre-bid security? What is the amount required for a bidder or a bidder’s guarantor who does not qualify for unsecured credit?
All bidders will be provided with instructions for the pre-bid security and the results of its credit assessment in the Part 1 Notification. Based on the credit assessment, if you or your guarantor do not qualify for unsecured credit, then you are required to provide with your Part 2 Application:(1) pre-bid letter of credit or cash in an amount of $500,000 per tranche of the indicative offer at the maximum starting price; and either:
(2a) a letter of reference in an amount of at least $300,000 per tranche of the indicative offer; or:
(2b) add the $300,000 per tranche to the pre-bid letter of credit or cash. In this case you would provide a pre-bid letter of credit or cash for $800,000 per tranche (instead of $500,000 per tranche).
10/04/2017 in Applications
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FAQ-146:
Who should make the certification in the Legal Representative Insert form provided for the March 2017 Auction?
The individual serving as Legal Representative, or an individual on behalf of the company serving as Legal Representative, is required to sign the Legal Representative Insert (#P1-4).
03/01/2017 in Applications
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FAQ-130:
Is the Bidding Agreement Insert (P1-9) required for an applicant that is not part of a bidding agreement, bidding consortium or joint venture?
No, if the Applicant is bidding independently and not as a party to any bidding agreement with another party or through any other arrangement involving joint or coordinated bidding with any other party, the Bidding Agreement Insert (P1-9) is not required.
09/20/2016 in Applications
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FAQ-129:
In the Part 1 Application, who is to sign the certification in the Legal Representative Insert (P1-4)?
The certification is to be signed by legal counsel or a representative agent. A representative agent is a business or individual with an address in Ohio that is authorized and agrees to receive service of process on behalf of the bidder. If a company agrees to accept service of process on behalf of the Applicant, the name and the contact information of an individual from that company must be provided in the Part 1 Form and that individual must sign the certification.
09/20/2016 in Applications
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FAQ-128:
We are in the process of preparing our Part 1 Application to qualify to participate in the upcoming auction. What information should a returning bidder provide if we want to change the Representative in the upcoming auction?
Thank you for informing us about your intent to change the Representative for purposes of the auction. There are two steps that are required for the change to occur. First, an officer or director of the Applicant must designate the new contact individual as the “Representative” by providing the contact information for the new contact in Section 1.2 of the Part 1 Application form and by completing and uploading the "Representative Designation Insert" (Insert P1-1) to the Application Website. Second, the new contact must acknowledge the responsibilities of the Representative by completing and uploading the "Representative Responsibilities Insert" (Insert P1-2) to the Application Website. The Representative Designation Insert (Insert P1-1) and the Representative Responsibilities Insert (Insert P1-2) can be found in the zip file containing the Part 1 Inserts available on the Application Website.To qualify to participate in the upcoming auction, please provide and update all required information by 12 PM (noon) EPT on the Part 1 Date using the Application Website.
09/13/2016 in Applications
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FAQ-15:
Can we delay obtaining a legal representative in Ohio until after the Part 1 Application process and provide the Applicant's Legal Representative in Ohio Insert (#P1-D) at a later date before the date of the first Auction?
No. If the Applicant's Representative is not also the Applicant's legal counsel or a representative agent, the Applicant must complete and upload the Applicant's Legal Representative in Ohio Insert (#P1-D) to Section 1.4 of the online Part 1 Form. The Applicant's Part 1 Application will not be considered complete or consistent with the requirements in the CBP Rules if this Insert is not provided.
04/02/2015 in Applications
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FAQ-13:
Can an entity that is not a Load Serving Entity (“LSE”) participate as part of a bidding agreement if it will not be nominated as the single party to the bidding agreement? If yes, can that same entity participate with one of its affiliate entities that is designated as an LSE?
There is no requirement for an Applicant to be a Load Serving Entity ("LSE") at the Part 1 Application stage. If an Applicant is not currently an LSE, the Applicant must certify that there exist no impediments for the Applicant to be qualified as a PJM LSE should the Applicant become an SSO Supplier.
Your second question of whether an entity can participate with an affiliate in a bidding agreement or other arrangement pertaining to the auction cannot be answered in the abstract. For information, please refer to the CBP Rules as well as the Rules and Protocols for Participation by Associated Bidders posted to the "Documents" page of the "Information" tab.
04/01/2015 in Applications
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FAQ-11:
Is there a list of acceptable changes to the Form of SSO Supplier Letter of Credit? If so, can you please post it on the CBP website?
Applicants may request modifications to the standard forms of the pre-bid letter of credit, the letter of intent to provide a guaranty, or the letter of reference ("Standard Pre-Bid Security Documents") that are non-material in nature, or that are advantageous to both AEP Ohio and the Applicant. There is no list of acceptable modifications to the Form of SSO Supplier Letter of Credit (Attachment E to the Master SSO Supply Agreement) because this is a "post-bid" credit instrument that is not subject to this comment process. The standard form of the SSO Supplier Letter of Credit provided as Attachment E to the Master SSO Supply Agreement is acceptable to AEP Ohio.
03/31/2015 in Applications
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FAQ-10:
After the Part 1 Window closes, can a bidder change its election from the Part 1 Application to either bid independently or to bid as a party to a bidding agreement with another party or through any other arrangement involving joint or coordinated bidding with any other party?
In Section 1.9 of the Part 1 Application, a bidder is asked to state whether the bidder is applying to bid independently or whether the bidder is applying to bid as a party to a bidding agreement with another party or through any other arrangement involving joint or coordinated bidding with any other party. This election is only offered in the Part 1 Application; once this election is made, it cannot be changed. A bidder may not submit a Part 1 Application bidding independently and declare a bidding agreement or other arrangement after being qualified and conversely, a bidder may not declare a bidding agreement in the Part 1 Application and then change this election to bidding independently.
If there is a bidding agreement or any other arrangement involving joint or coordinated bidding between two Parties ("Party A" and "Party B") and the Part 1 Application is successful, then the Qualified Bidder is "Party A and Party B". It is not the case that Party A is a Qualified Bidder and Party B is another Qualified Bidder; rather, Party A and Party B together respond to the qualification requirements and thus the status of a single Qualified Bidder goes to both parties jointly.
Section 1.8 of the Part 1 Application requires the bidder to certify that "if the Applicant becomes a Qualified Bidder, the Applicant will not substitute another entity in its place, transfer its rights to another entity, or otherwise assign its status as a Qualified Bidder to another entity. The Applicant agrees that any such substitutions, transfers, or assignments shall be null and void and may result in the Applicant's exclusion from auction." If there is a bidding agreement between the Parties and "Party A and Party B" is the Qualified Bidder, that Qualified Bidder cannot assign its status to only one of the two parties.
If you are submitting the Part 1 Application under a bidding agreement, please contact the Auction Manager for information regarding the portions of the Part 1 Application that are required to be completed by one of the parties and the portions that must be completed by all parties.
03/31/2015 in Applications
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FAQ-9:
In #P1-H Certifications Insert, the Applicant must certify that “the Applicant and its corporate officers have no criminal convictions”. What convictions are considered criminal?
A criminal conviction is the result of a criminal proceeding in which the defendant has been found guilty (including without limitation, on a verdict of guilty, a plea of guilty, or a plea of nolo contendere). This includes all crimes. If the Applicant cannot make this certification, please list all reasons in the box provided for this purpose.
03/31/2015 in Applications
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