You are asking a question about a situation in which the Bidder presented Proposals for multiple Projects in the first procurement event, completed the Part 2 Proposal including bid assurance collateral and supporting documents for these Projects, is participating in the second procurement but with a different set of Projects, some of which are the same as in the first procurement event, and some of which are different. We confirm that, if the names of the Sellers and/or the names of the Projects that the Bidder is presenting have changed from the first procurement event to the second procurement event, then the Bidder faces additional requirements in the terms of bid assurance collateral and the documents related to bid assurance collateral.

Specifically, if the Bidder submitted a Pre-Bid Letter of Credit for a Company as bid assurance collateral, then the Bidder must submit an amendment to the Pre-Bid Letter of Credit so that Paragraph 12 names all Sellers in the second procurement event as those names were provided in the Part 1 Proposals. In Paragraph 12, the definition of “Seller” should list all Sellers as follows:   “Seller” shall mean [insert name of first Seller as provided in the Part 1 Proposal] or [insert name of second Seller as provided in the Part 1 Proposal] or … or [insert name of last Seller as provided in the Part 1 Proposal].

If the Bidder submitted cash for a Company as bid assurance collateral, then the Bidder must submit with its Part 2 Proposal a new Cash Insert for that Company as well as a new request for the return of cash. The Cash Insert names all Sellers and thus, as in the case of a Pre-Bid Letter of Credit, this item must be updated to reflect the names of the Sellers in the second procurement event. The name of each Seller must be as it is provided in the Part 1 Proposal. The requests for return of cash name all Projects and thus this item must be updated to reflect the names of the Projects in the second procurement event. The names of the Projects should appear as provided in the Part 1 Proposal.

Finally, we note that to the extent that the aggregate size of the Projects have changed from the first procurement event to the second procurement event, then the amount of bid assurance collateral required will have changed as well. Instructions in this regard were provided to each Bidder with its Part 1 Notification.