Current through 2024-51, December 18, 2024
Section 648-2-6 - CONTRACT APPLICATION PROCESSA. Applications for Contracts with the Trust. The trustees shall periodically conduct a competitive bid process by means of a RFP or PON that solicits bids for contract awards pursuant to section 7 of this Chapter. To the extent practicable, the Trust will accept bids electronically. The Program Administrator will accept and retain custody of all timely bids under this section. For each bid, the Program Administrator shall keep a written record of the bidder's name, the date and time that the bid was received, the cost and/or price of the bid, any amount of customer funding or non-Trust matching funds and the bidder's contact person. The bids received in response to an RFP or a PON shall be treated as confidential and not subject to public disclosure until the date of a final contract award in that competition. Upon a showing by a bidder that legal grounds exist to maintain the confidentiality of identified information beyond the contract award date, the Trust shall continue to treat that information as confidential after that date, to the extent permitted by law.B. Rejection of Noncompliant or Untimely Bids; Rejection of All Bids. The Trust may reject all bids that do not comply with the requirements of this Chapter or of the RFP competition or PON process, or that are not submitted before the deadline for submitting bids established pursuant to section 7 of this Chapter. The Trust may reject all bids if it finds that the bids are unreasonably high in cost or that acceptance of any bid will not be in the public interest.C. Notice of RFP and PON. The Program Administrator will maintain a service list of persons who are to be notified whenever the Trust issues an RFP or PON. The Trust will reasonably advertise each RFP or PON and arrange its posting on any website established for the Trust.D. Treatment of Opportunities for Collateral Efficiency. Each bid for a program must supply the necessary information for the cost effectiveness criteria set out in section 3(D) of this Chapter to be applied both to the program standing alone, and for an expanded program that includes significant collateral efficiency opportunities at the same customer location or site. In evaluating bids and proposals in a competitive bid process or a PON when the benefits of two such bids or proposals are relatively equivalent, the trustees may give preference to applications that secure efficiency improvements or emission reductions from both primary measures and from collateral efficiency opportunities.95- 648 C.M.R. ch. 2, § 6