Current through Register Vol. 63, No. 12, December 1, 2024
(1) Pursuant to ORS
757.396,
before making a qualified investment in biogas production that is upstream of
conditioning equipment, pipeline interconnection or gas cleaning, a large
natural gas utility must engage in a competitive bidding process as provided in
this rule.
(2) A large natural gas
utility must issue a request for proposals to initiate a competitive bidding
process that contains the information required by section (3) of this
rule.
(3) At a minimum, the
utility's request for proposals must include:
(a) A description of the project,
specifications, delivery or performance schedule, inspection and acceptance
requirements. This description must:
(A)
Identify the scope of the work to be performed under the resulting contract, if
the large natural gas utility awards one. The scope of work must require the
contractor to comply with all applicable federal, state, and local laws,
standards, and permit or inspection requirements;
(B) Outline the anticipated duties of the
contractor under any resulting contract; and
(C) Establish the expectations for the
contractor's performance of any resulting contract.
(b) If the utility intends to hold a
pre-offer conference:
(A) The time, date and
location of any pre-offer conference;
(B) Whether attendance at the conference will
be mandatory or voluntary; and
(C)
A provision that provides that statements made by the large natural gas
utility's representatives at the conference are not binding upon the large
natural gas utility unless confirmed by written addendum.
(c) The form and instructions for submission
of bids and any other special information, including whether bids may be
submitted by electronic means;
(d)
How the large natural gas utility will notify bidders of addenda and how the
large natural gas utility will make addenda available;
(e) Any minimum bidder requirements for
credit and capability;
(f) The
time, date and place of bid opening;
(g) Standard form contracts to be used in
acquisition of resources;
(h)
Language to allow bidders to negotiate mutually agreeable final contract terms
that are different from the standard form contracts;
(i) The anticipated solicitation schedule,
deadlines, protest process, and bid evaluation process;
(j) Bid evaluation and scoring
criteria;
(k) A description of how
the large natural gas utility will share information about bid scores,
including what information about the bid scores and bid ranking may be provided
to bidders and when and how it will be provided.
(4) A large natural gas utility will prepare
and file a draft request for proposals for the Commission's review and
approval.This filing must include an explanation of how the draft request for
proposals aligns with a need to acquire additional RNG production volume to
meet current or future annual RNG targets identified in the large natural gas
utility's most recently acknowledged integrated resource plan, or alignment
with subsequently identified need or change in circumstances.
(5) The Commission will generally issue a
decision approving or disapproving the draft request for proposals within sixty
(60) days after the draft request for proposals is filed. A large natural gas
utility may request an alternative review period when it files the draft RFP
for approval, including a request for expedited review, upon a showing of good
cause.
(6) Once the Commission
approves the draft request for proposals, the large natural gas utility may
proceed with the request for proposals by issuing public notice on the
utility's website or through the utility's electronic procurement system, if
the company regularly uses such a system, and may further advertise the notice
using additional media. This public notice must be issued and be publicly
available for not less than thirty (30) days prior to closing of the
opportunity to submit sealed bids.
(7) A large natural gas utility must provide
the Commission with a copy of all bid documents submitted by all bidders upon
the Commission's request.
(8) A
large natural gas utility is exempt from the requirements in sections (4)
through (6) of this rule if:
(a) The large
natural gas utility's procurement process requires competitive bidding, the
total project cost is not anticipated to exceed $25million, and the large
natural gas utility can provide a copy of the request for proposals and all bid
documents submitted by all bidders to the Commission upon the Commission's
request; or
(b) All of the
following apply:
(A) A large natural gas
utility is not the developer, owner, or operator of the biogas production
facility;
(B) The request for
proposals or other invitation for competitive bids for the project is issued by
an entity that this not the large natural gas utility;
(C) The large natural gas utility does not
receive or evaluate bids nor select a winning bid; and
(D) The large natural gas utility submits a
bid in response to the request for proposals, in competition with other bids
that may be submitted, and the utility is awarded a contract only after all
eligible bids are evaluated in accordance with the procedures of the entity
that issued the request for proposals.
