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§ 2114. Notice of Intention to Bid.

20 CA ADC § 2114Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission (Refs & Annos)
Chapter 5.5. Public Interest Energy Research (PIER) Program
Article 2. Competitive Negotiations
20 CCR § 2114
§ 2114. Notice of Intention to Bid.
(a) In order to screen Bidders for eligibility, the Commission may include in the CNS a requirement to submit a Notice of Intention to Bid. If the Notice of Intention to Bid is used, Bidders shall submit the Notice of Intention to Bid in order to be able to submit any Proposal responsive to the CNS. Future written communication from the Commission shall be delivered only to those Bidders who submit a Notice of Intention to Bid.
(b) Bidders may withdraw or modify a Notice of Intention to Bid at any time before the due date for the Notice of Intention to Bid.
(c) The Notice of Intention to Bid shall include, at a minimum, the following:
(1) Identify how the project will meet the requirements of the CNS;
(2) Identify Bidder team that will participate in Confidential Meetings;
(3) Confidentiality statement, the form of which shall be provided in the CNS, regarding use of confidential information during the CNS process.
(d) The CNS shall state any other requirements of the Notice of Intention to Bid. These requirements may include, without limitation, the following:
(1) Bidder's general qualifications;
(2) Bidder's technical qualifications;
(3) Financial measures such as net present value of proposed project;
(4) Capabilities of Bidder team as related to scope of work detailed in the CNS;
(5) Proof of financial ability to perform an awarded contract, including without limitation, financial statements, credit rating, liquidity ratios, equity ratio, equity rating and previous bankruptcy of Bidder, if any. If Bidder wants financial information to be kept confidential, Bidder must make a request for confidentiality pursuant to Title 20, California Code of Regulations, section 2501 et. seq. (See section 2125 regarding confidentiality requests.);
(6) Signed acceptance of the terms and conditions of the contract, if awarded.
(e) In the CNS, the Commission shall specify a date and time deadline for the Notice of Intention to Bid. If a Notice of Intention to Bid is received after the stated date and time, the Commission will not consider the Notice of Intention to Bid, or any Proposals submitted by the party who submitted the late Notice of Intention to Bid. The Commission may change this deadline by notification to Bidders;
(f) The Commission shall screen Bidders on specific criteria detailed in the CNS. The Notice of Intention to Bid may be scored numerically;
(g) After reviewing the Notice of Intention to Bid, the Commission shall notify Bidders of whether the Bidder is eligible to continue in the CNS process and submit Proposals:
(1) If the Commission determines that the Bidder is not eligible to receive an award under the CNS, and that such ineligibility cannot be cured within the date and time deadline for Final Proposals, the Commission shall notify Bidder that it is disqualified from further submittals under the CNS. The Commission shall indicate the specific reasons why Bidder is disqualified. Such decision is a final administrative action. If a Bidder wishes to discuss this decision, the Bidder may request a meeting with the appropriate PIER subject area lead or designee, regarding why Bidder believes it should be considered eligible for a contract award.
(2) If the Commission determines that the Bidder is eligible to compete for an award under the CNS, the Commission shall notify Bidder that it is eligible to receive an award under the CNS and it may submit the first Discussion Proposal.

Credits

Note: Authority cited: Sections 25218(e) and 25620.2(c), Public Resources Code. Reference: Section 25620.5, Public Resources Code.
History
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1).
This database is current through 3/22/24 Register 2024, No. 12.
Cal. Admin. Code tit. 20, § 2114, 20 CA ADC § 2114
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