Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.09 - Bid Submittal Requirements

Current through Register 1525, July 5, 2024
(1)
Qualification Application
.
(a) Only qualified bidders will be permitted
			 to submit bid(s) or otherwise participate in any auction.
(b) Any party wishing to participate in a
			 CO2 Allowance Auction shall open and maintain a
			 compliance or general account and designate a CO2
			 authorized account representative pursuant to the provisions in
			 310 CMR
			 7.70(6).
(c) Potential bidders shall submit a
			 qualification application to DOER at least 30 calendar days prior to the bid
			 submittal date of such auction or by such deadline as DOER shall stipulate in
			 the Auction Notice. Qualification applications shall contain the information
			 set forth in
			 225 CMR 13.09(1)
			  and the Auction Notice, and such
			 applications shall be made available electronically on the
			 CO2 Allowance Auction Website (available through a link
			 from DOER's main web page at: http://www.mass.gov/doer/.
(d) The applicant shall provide information
			 and documentation relating to its corporate structure, financial ability to
			 participate in the auction and authority to execute bids and honor contractual
			 obligations. Such information may include, but not be limited to, the
			 following:
1. Documentation regarding the
			 corporate identity, ownership, and capital structure of the applicant;
			 identification of any agency relationship between the applicant and any third
			 party related to the auction;
2.
			 Audited annual reports and credit reports of the applicant and/or the entity
			 represented by the applicant; and
3. Corporate Background and Recent Adverse
			 Conditions, which may include:
a.
			 Identification of any indictment or felony conviction of the applicant, or any
			 member, director, principle, partner or officer of the applicant or any
			 affiliate or related entity;
b. A
			 statement by applicant as to prior findings of non-responsibility with regard
			 to any State procurement, including findings under State law or
			 regulation;
c. A statement by
			 applicant as to certification under any State Tax registration
			 requirement.
d. Identification of
			 any previous or pending investigation with respect to any alleged violation of
			 any rule, regulation, or law associated with any commodity market or
			 exchange.
e. Evidence demonstrating
			 that such applicant has opened a general or compliance account as provided for
			 in the provisions of the CO2 Program and identification
			 of relationships with any other account holder.
(e) DOER shall review each qualification
			 application and make determinations as to whether the applicant is qualified to
			 submit bids in the auction. Applicants may be denied eligibility based on the
			 information provided or upon information obtained independent of the
			 application process. Failure to provide the required information may result in
			 the qualification application being declared incomplete or otherwise deficient.
			 DOER shall notify applicants in writing or by electronic mail if the
			 qualification application is complete and meets the requirements for
			 participation in the auction. If the qualification application does not meet
			 such requirements, notification shall include the reasons therefore, and
			 applicants will be given a reasonable opportunity to provide additional
			 information to cure such deficiencies.
(f) Once an application has been approved,
			 that bidder shall be eligible to participate in all subsequent
			 CO2 Allowance Auctions, provided there has been no
			 material change to the information provided in the qualification application,
			 and provided that the applicant meets the eligibility criteria of
			 225 CMR
			 13.08. If there is any material change to the
			 information submitted in the bidder's qualification application, the
			 qualification expires and a new qualification application must be
			 submitted.
(g) DOER may suspend or
			 revoke its approval of a qualification application if the bidder fails to
			 comply with
			 225 CMR
			 13.09.