Announcements


BEC-9: We intend to rely on the financial standing of a Foreign Entity as RFP Guarantor in the ComEd procurement event and understand that we must submit the following additional documents: (1) A legal opinion of counsel qualified to practice law and render legal opinions in the foreign jurisdiction in which the Foreign Entity is formed or organized; and (2) A sworn certificate of the corporate secretary (or similar officer) of the Foreign Entity that the person executing the Guaranty on behalf of the Foreign Entity has the authority to execute the Guaranty and that the governing board of such Foreign Entity has approved the execution of the Guaranty; and (3) A sworn certificate of the corporate secretary (or similar officer) of such Foreign Entity that the Foreign Entity has been authorized by its governing board to enter into agreements of the same type as the Guaranty. What is the timeline for the submission of the documents required of the Foreign Entity as RFP Guarantor?

A Bidder that intends to bid on ComEd and is relying on a Foreign Entity as RFP Guarantor must submit the documents referenced in your question with the Part 2 Proposal. A Bidder may, but is not required to, submit a draft of such documents with its Part 1 Proposal. If a Bidder submits a draft of the documents 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.

Schedule 2B to the Collateral Annex (Foreign Guarantor Requirements) details the requirements of the Foreign Entity as RFP Guarantor.