Indexed REC-41: Is a Compliance Plan required at the time of bid?

No. As provided in the Indexed REC RFP Rules, only if a Bidder optionally elects to commit to an Equity Level (%) greater than the Minimum Equity Standard of 10% is a plan required at the time of bid. In this case one of the requirements includes:

[The] Bidder must provide a narrative plan to meet the Equity Level (%) provided in the Part 1 Proposal. The narrative plan must include the following items:

  • a narrative description of how the Seller will ensure that at least the Equity Level (%) will be met;
  • a statement of intent to comply with all necessary requirements set forth in Public Act 102-0662 relating to the Minimum Equity Standard and agreement to comply with certain obligations, including hiring a diverse project workforce and working with Equity Eligible Contractors, where applicable;
  • the total projected number of workers related to Construction Activities up to the point of the Date of First Operation;
  • plans for the use of Equity Eligible Contractors, if applicable;
  • Seller classification (i.e., Minority-owned business enterprise, Woman-owned business enterprise, Disabled-owned business, Veteran-owned business, Small business, etc.), if applicable;
  • the qualifying Equity Eligible Person category/categories the Seller seeks to hire, if known; and
  • a communication plan for local outreach to increase the utilization of Equity Eligible Persons and Equity Eligible Contractors.

Many of these elements may be repeated in the eventual Compliance Plan submitted after a contract has been awarded to a selected bid. Given that the strike price for a project that submits an Equity Level (%) greater than the Minimum Equity Standard of 10% will be reduced for purposes of bid ranking, additional assurances should be provided that the Bidder will meet this commitment.