FAQs
Answers to your Frequently Asked Questions ("FAQs") are posted on this page. To ask a question, please use our automated form. FAQs will be posted every Wednesday. FAQs will be posted daily during the week prior to the deadline for submitting Pricing Proposals and Qualification Materials.”
Evaluation of Proposals
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FAQ-18:
What did the April 28, 2010 Board Order approving the results of the March 2010 Solicitation determine regarding the re-submission of projects that had previously received an award?
The April 28, 2010 Board Order approving the results of the third Solicitation can be found on the Documents page of the web site.
The Board found that two projects should not receive an award in the March Solicitation due to non-compliance with the RFP Rules. The Board noted that:
- The bidder failed to sign the SREC PSA within 5 days of the EDC's notice;
- The bidder resubmitted the same projects at a higher bid price, in breach of the requirement to keep bid prices open for a period of 120 days before submitting an additional price offer.
The Board rejected the two projects and provided the choice for the bidder to sign the SREC PSA with the price terms awarded by the Board for those projects in the December solicitation or to re-submit the two projects in a future solicitation round.
The Board also ordered that an additional provision be included in the RFP to specify the circumstances under which a project that receives an award may participate in a future solicitation at a higher price. In compliance with the Order, the RFP now includes provisions specifically addressing the circumstance of a project that wins an award in a solicitation, does not proceed to contract, and is resubmitted in a subsequent solicitation. In that case:
- a Pricing Proposal for the same Project may be re-submitted at the same or at a lower price; and
- a Pricing Proposal for the same Project may be re-submitted at a higher price, but only if both of the following conditions are met: (a) In the solicitation in which it first received an award, the Owner of the Project provided the cash deposit for the Project within the time frame required; and (b) the time between the submission of a Pricing Proposal that resulted in an award and the submission of a subsequent Pricing Proposal is no less than six (6) months.
A Project is the "same" Project as a Project that previously received an award if the Projects are in the same location and have the same NJCEP Application Number.
07/06/2010 in Evaluation of Proposals
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