BEC-38: It is possible that the bank that is issuing our Pre-Bid Letter of Credit also provides services to other entities that could bid in the same procurement event. Could this impair our ability to make the certifications of the Part 2 Proposal?

A requirement of the Proposal is that Bidders bid independently and maintain the confidentiality of their Proposals.  The Officer of the Bidder must make a number of certifications in the Part 2 Proposal, including that: (i) the Bidder is bidding independently and that it has no knowledge of any Proposal submitted for the procurement event by another Bidder in response to the Block Energy and Capacity RFP (“BEC RFP”); and (ii) the Bidder has maintained and will continue to maintain the confidentiality of its Proposal during the preparation of the Proposal.  To ensure that the Officer of the Bidder can make these certifications, it is essential for your bank not to provide you with information related to another Bidder’s Proposal.   To that end, you should require that the representatives from your bank not provide any information to you regarding other entities in case such entities are also submitting Proposals in the procurement events under the BEC RFP. The Procurement Administrator can also contact a representative from the bank on your behalf.