The requirements applicable to foreign entities proposing to serve as a Guarantor are provided in Schedule 2B to the Collateral Annex currently posted to the Final Materials page here. Items 2 and 3 require a foreign entity to deliver:

• the sworn certificate of the corporate secretary (or similar or comparable officer) of such entity that the person executing the Guaranty on behalf of such entity has the authority to execute the Guaranty on behalf of such entity and that the governing board of such entity has approved the execution and delivery of the Guaranty; and
• the sworn certificate of the corporate secretary (or similar or comparable officer) of such entity that such entity has been authorized by its governing board to enter into agreements of the same type as the Guaranty.

A statutory declaration would not be acceptable in place of a sworn certificate to meet the requirements under items 2 and 3 in Schedule 2B to the Collateral Annex.

Additionally, please note that a Bidder may, but is not required to, submit a draft of the documents required under Schedule 2B to the Collateral Annex with its Part 1 Proposal. If a Bidder submits a draft for evaluation with its Part 1 Proposal, the Procurement Administrator will provide the results of this evaluation, including notice of any changes required to the documents for final submission with the Bidder’s Part 2 Proposal, with the Part 1 Notification. Any evaluation communicated to the Bidder of such draft documents is final. The Bidder cannot submit a subsequent request for changes on the basis of this evaluation.

Lastly, ComEd will evaluate the sufficiency of the documents submitted by the Bidder with the Part 2 Proposal in its sole and absolute discretion, without liability or recourse by the RFP Guarantor or the Bidder.