As the law requires enforcement of this provision through “contractually enforceable mechanisms,” the information or evidence required will be determined in the final SPV contract and RFP documents. On a preliminary basis, it is expected that:
— In its Proposal, the bidder would certify either that the system has been installed by a qualified person or will be installed by a qualified person.
— In the SPV contract, as a condition of receiving payment for RECs, the Seller would certify that the Seller has reviewed and understands the provisions of Section 1-56(i) of the Illinois Power Agency Act pertaining to the requirement the systems be “installed” by a “qualified person” (20 ILCS 3855/1-56(i)(1)), and that the system was in fact installed by a “qualified person” as those terms are used in the Act.
— Under the contract, the IPA maintains the right to inspect/audit books and records of the Seller regarding this certification. Should this certification be found to be erroneous, this can be considered an event of default under the SPV contract, which can lead to withholding of payments and termination.