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BEC-29: Can we propose a modification to the conditions for drawing on the Pre-Bid Letter of Credit? We are specifically looking at the provision where a draw could occur if the Bidder disclosed information relating to its Proposal publicly or to any other party before the Illinois Commerce Commission has rendered its decision on the results of the Procurement Event. We realize this is not listed as an acceptable modification, but this could conflict with disclosures we may be required to make to our regulators.

The Part 1 Proposal is a Bidder’s opportunity to submit comments on or propose modifications to the Standard Pre-Bid Letter of Credit for a Company that is due with the Part 2 Proposal. In relation to possible disclosures that you may be required to make to regulators, we cannot assess what these disclosures may be … Continue reading Can we propose a modification to the conditions for drawing on the Pre-Bid Letter of Credit? We are specifically looking at the provision where a draw could occur if the Bidder disclosed information relating to its Proposal publicly or to any other party before the Illinois Commerce Commission has rendered its decision on the results of the Procurement Event. We realize this is not listed as an acceptable modification, but this could conflict with disclosures we may be required to make to our regulators.

BEC-28: If an Insert is digitally signed, is the signature still required to be notarized?

Bidders may complete Inserts by digitally signing the Insert and providing along with the Insert an additional document or information that verifies the identity of the signatory. For Inserts that require the signature to be notarized, notarization is not required if the Insert is digitally signed. The signature line for the Notary Public may be … Continue reading If an Insert is digitally signed, is the signature still required to be notarized?

BEC-18: How is the collateral requirement under the (AIC) Confirmation Agreement and the ComEd Energy Master Agreement calculated?

The collateral requirement under each of the (AIC) Confirmation Agreement and the ComEd Energy Master Agreement will be for the credit exposure under the contract, which is based on a Mark-to-Market methodology. For the ComEd Energy Master Agreement, this methodology is described in Schedule 3 (MtM Calculation) to the Collateral Annex. For each of the … Continue reading How is the collateral requirement under the (AIC) Confirmation Agreement and the ComEd Energy Master Agreement calculated?

BEC-13: How do I know whether a specific bank will be acceptable to a Company as the Issuing Bank for the Pre-Bid Letter of Credit for that Company?

A bank issuing the Pre-Bid Letter of Credit must be able to make the following certification: We, the Issuing Bank, certify that as of the Date of Issuance of this Letter of Credit our senior unsecured debt is rated “A” or better by S&P Global Ratings (“S&P”) if rated by S&P, “A2” or better by … Continue reading How do I know whether a specific bank will be acceptable to a Company as the Issuing Bank for the Pre-Bid Letter of Credit for that Company?