Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 40 - Competitive Bidding Process › Rule 199-40.2 - Competitive Resource Acquisition Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedures.
The utility
				shall use the following procedures to competitively acquire supply-side
				resources under its competitive bidding process. If an affiliate of the utility
				plans to submit bids for supply-side resources it will own or operate, it shall
				additionally adhere to the procedures specified in 199 lAC 40.4(476).
a. If a utility determines that it has a need
				for additional supply-side resources, it shall make a general public
				announcement indicating its needs and intentions. If an affiliate of the
				utility decides to bid once a request for proposals is announced,, it will
				alert the manager at the public utility responsible for the request for
				proposals and bid process of its intention.
b. The utility shall provide a statement to
				the board indicating whether an affiliate of the utility desires, in the
				competitive resource acquisition process, to submit bids for supply-side
				resources it will own or operate.
c. If an affiliate of the utility desires to
				submit bids for supply-side resources, the utility shall select an independent
				evaluator from the board-approved list of evaluators to perform the functions
				specified in 199 lAC 40.4(3). The name of the independent evaluator selected
				for this project shall be filed with the statement to the board required in 199
				lAC 40.2(1)
"b. "
The utility shall provide the estimated cost
				to utilize the services of the independent evaluator as part of its statement.
				The independent evaluator shall be paid by the utility.
d. If a board-approved list of independent
				evaluators has not been established under 199 lAC 40.4(3) at the time of the
				proposed solicitation, the utility shall file a short list of names with the
				board with qualifications and potential conflicts of interest as part of its
				statement required in 199 lAC 40.2(1)
"b. "
Interested parties
				and the board shall have 20 days to object to any names on the short list.
				Absent objection, the utility may proceed with any independent evaluator
				identified on the list. With objection, the board shall review the evaluators
				on the list and remove any names that it deems are not independent of the
				utility or the bidding process, or not qualified to perform the functions of
				the independent evaluator as identified in 199 lAC 40.4(3). Any board decision
				to remove names from the list will be issued within 15 days after the end of
				the objection period. If the board determines none of the persons listed are
				sufficiently independent or qualified to perform the functions of the
				independent evaluator, the process will begin again with a new list from the
				utility.
e. The utility shall
				publish and circulate an RFP that complies with the requirements of 199 lAC
				40.5(476). The utility shall make the RFP readily available to interested
				persons by conspicuously posting the request on its Internet site or other
				public electronic bulletin board. The RFP shall be filed with the project's
				independent evaluator if one is required.
f. Within 30 days after publication of the
				RFP, the utility shall convene a bid conference open to all potential bidders.
				The bid conference shall be held no less than 20 days after it is noticed. At
				the bid conference, the utility shall answer questions posed by bidders
				concerning the RFP. Bidders may request and the utility may hold more than one
				bid conference if needed. However, in no event shall a bid conference be
				scheduled later than 30 days beyond the issuance of the RFP. The independent
				evaluator, if required pursuant to 199 lAC 40.4(3), shall attend the bid
				conference.
g. At the conclusion of
				the bid conference(s), the utility shall publish and circulate the date for
				submission of sealed bids. That date shall be no earlier than 30 days following
				the last bid conference.
h. The
				utility shall file its build or lease cost estimates required by 199 lAC
				40.3(476) with the board seven days prior to the deadline for other
				bidders.
i. If an affiliate of the
				utility desires to submit a bid for supply-side resources it will own or
				operate, it shall submit its bid to the independent evaluator, the board, and
				the utility one day prior to the deadline for other bidders.
j. After the close of the deadline for the
				submission of bids, the utility shall commence a review to determine whether
				the bids are responsive to the minimum bid evaluation criteria specified in the
				RFP. All responsive bids shall be evaluated in accordance with the bid
				evaluation criteria specified in the RFP.
k. Upon completing its evaluation, the
				utility shall file with the board a short list of bidders whose bids the
				utility deems are most reasonable in meeting the resource needs of the utility.
				The utility's filing of its short-list selection shall include a report that is
				sufficiently detailed and rigorous to support those selections, including an
				evaluation of all bids received and an explanation for why any bidders were
				excluded from the short list. The utility shall provide copies of the report to
				all bidders and other interested parties.
l. If an independent evaluator was required
				as part of the solicitation, the independent evaluator shall submit its
				certification of the fairness of the bidding process at the same time the
				utility submits its short list to the board.
m. Upon filing of the short-list selection
				and certification from the independent evaluator, if required pursuant to 199
				lAC 40.4(3), interested parties shall have 15 days to file a complaint alleging
				that a bidder was excluded from the short list due to unfair treatment,
				significant errors in the selection process, or other similar
				reasons.
n. Absent complaints
				regarding the short-list selection, the utility may select a resource provider
				from the short list, choose the utility-build or lease option, or combine both
				options to meet its resource needs, whichever the utility deems most
				reasonable. Final selection and contract negotiations reside solely with the
				utility.