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Frequently Asked Questions - This Week

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Answers to Frequently Asked Questions are provided in this section.

The first posting of FAQs is in August. The last posting of FAQs is in the latter part of January, after bidders are registered to participate in the Auctions. From that point through the close of the Auctions, questions and answers are emailed directly to Registered Bidders and are not posted to the BGS Auction website. Questions that are not from Registered Bidders or their advisors are answered strictly as time permits.

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FAQ-95

How should Pre-Auction Security documents, including the Pre-Auction Letter of Credit, Letter of Reference, Letter of Intent to Provide a Guaranty, and Bid Bond, be provided?


All Pre-Auction security documents are required to be transmitted only via electronic means to the Auction Manager at BGS-Auction@nera.com.  Hardcopy Pre-Auction security documents will not be accepted.

12/19/2025, in Pre-Auction Security.
FAQ-94

Are bidders committed to bidding in round 1 of the Auction the number of tranches in their indicative offer at the maximum starting price as submitted in their Part 2 Application?


A bidder cannot bid more in the first round of the Auction than its indicative offer at the maximum starting price (the number of tranches for which the bidder has submitted Pre-Auction Security as required by the Part 2 Application). While a bidder cannot bid more in the first round of the Auction than its indicative offer at the maximum starting price, a bidder can bid less than that amount, including submitting a bid for zero tranches.

12/19/2025, in Application.
FAQ-93

Is cash an acceptable form of pre-auction security?


No, cash is not acceptable as pre-auction security. Each Qualified Bidder in an auction must submit a Pre-Auction Letter of Credit (or Bid Bond) for that auction (either the BGS-CIEP Auction or the BGS-RSCP auction) with its Part 2 Application.

12/19/2025, in Pre-Auction Security.
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FAQ-92

When should the expiry date be for the BGS Pre-Auction Letter of Credit?


The expiry date must be at least sixty (60) calendar days from date of issuance of the BGS Pre-Auction Letter of Credit. The date of issuance is expected to be no earlier than the Notification of Qualification date, namely on or after December 19, 2025.

12/19/2025, in Pre-Auction Security.
FAQ-91

Does a winning supplier execute a new BGS Supplier Master Agreement every year or can new tranches won this year fall under the terms of the BGS Supplier Master Agreement that we previously signed with an EDC?


A new BGS Supplier Master Agreement is used every year between a supplier and an EDC for which the supplier has won tranches at the auction, regardless of whether the supplier is a current or past BGS supplier for that EDC. After the 2026 BGS Auctions, if the New Jersey Board of Public Utilities approves the results of the auctions, all suppliers with winning tranches for an EDC will be required to execute the final 2026 BGS Supplier Master Agreement with that EDC.

12/19/2025, in Pre-Auction Security.
FAQ-90

What happens if a Qualified Bidder cannot make one or more of the certifications in the Part 2 Application?


It depends on the certification. Some certifications of the Part 2 Applications are required for a Qualified Bidder to become a Registered Bidder. For example, a Qualified Bidder must certify that, other than agreements disclosed in the Part 1 Application, the Qualified Bidder has not entered into any agreement with any other Qualified Bidder regarding participation in the auction for which it is applying. If a Qualified Bidder is unable to make this certification, the Qualified Bidder will not be able to participate in the Auction.

Other certifications of the Part 2 Application allow the Qualified Bidder to make an information disclosure to explain why it is unable to make a certain certification. For example, a Qualified Bidder that is unable to certify that it is not associated with any other Qualified Bidder will be asked to identify the Qualified Bidder(s) with which it is associated, and will be asked to describe the nature of the association. If a Qualified Bidder makes such a disclosure because it cannot make one of the certifications in the Part 2 Application, this disclosure will be considered when the Part 2 Application is processed. The Auction Manager may require additional information and will decide on a course of action on a case-by-case basis to preserve the competitiveness and integrity of the Auction. This course of action could include allowing the Qualified Bidder to complete the Part 2 Application successfully without additional undertakings, could include requiring additional undertakings as a condition for the successful completion of the Part 2 Application and for participation in the Auction, or could include rejection of the Part 2 Application.

12/19/2025, in Application.
FAQ-89

Is there a requirement that the bank that issues the Pre-Auction Letter of Credit be the same as the bank that issues the Letter of Reference?


There is no requirement for the bank issuing the Pre-Auction Letter of Credit to be the same as the bank that issues any letter of reference. Both the Pre-Auction Letter of Credit and the Sample Letters of Reference, however, require that the issuing bank have an unsecured debt rating of “A” from Standard & Poor’s or “A2” from Moody’s. Furthermore, the Pre-Auction Letter of Credit must be issued by a United States commercial bank or a foreign commercial bank with U.S. branches that are subject to the jurisdiction of New York federal or state courts.

12/19/2025, in Application.
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