The department is responsible for initiating and conducting procurements for energy, associated environmental attributes or other services from renewable and clean resources. For the purposes of this section, "renewable and clean resources" means generation eligible for any portfolio requirement in section 3210, energy storage, demand management or related transmission. Beginning January 15, 2027, and every 2 years thereafter, the department shall conduct one or more competitive solicitations during the following 2-year period to procure renewable and clean resources, which may include environmental attributes through long-term contracts if the department determines procurement is necessary to achieve the requirements of section 3210 or Title 38, section 576‑A or 577, to meet and manage re
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The department is responsible for initiating and conducting procurements for energy, associated environmental attributes or other services from renewable and clean resources. For the purposes of this section, "renewable and clean resources" means generation eligible for any portfolio requirement in section 3210, energy storage, demand management or related transmission. Beginning January 15, 2027, and every 2 years thereafter, the department shall conduct one or more competitive solicitations during the following 2-year period to procure renewable and clean resources, which may include environmental attributes through long-term contracts if the department determines procurement is necessary to achieve the requirements of section 3210 or Title 38, section 576‑A or 577, to meet and manage reasonably expected growth in electricity demand or to meet reliability needs or the department determines is otherwise necessary based on the comprehensive state energy plan prepared pursuant to section 10305, subsection 1. These contracts are not subject to the rules of the Chief Procurement Officer.
1.
Objectives.
The department shall conduct competitive solicitation under this section in a manner consistent with the following objectives:
2.
Solicitation initiation.
If the department determines one or more competitive solicitations are necessary based on the comprehensive state energy plan required pursuant to section 10305, subsection 1 and related analysis, the department shall initiate solicitations in order to select resources for contracts under this section. The department shall determine the total amount sought in all competitive solicitations within any 2-year period under this section in accordance with the state energy plan, except that the amount may not exceed 15% of the average annual statewide electric retail sales in the preceding 2-year period.
3.
Solicitation requirements.
A competitive solicitation under this section must be conducted using a request for proposals. A request for proposals must include, but is not limited to:
4.
Evaluation and selection.
The department shall evaluate and select proposals in accordance with this subsection. The department may coordinate with other entities, including, but not limited to, state agencies, the Office of the Public Advocate, transmission and distribution utilities, other states and the independent system operator of the New England bulk power system or a successor organization, in the evaluation and selection of proposals under this section. The department may find a submitted proposal ineligible if the department, at its sole discretion, determines the proposal does not conform to the criteria established in the request for proposals.
5.
Wage, safety and apprenticeship standards.
If the department selects a project for a contract for energy from an assisted project located in the State as defined in Title 26, section 1304, subsection 1‑A, the department shall ensure that standards under the contract applicable to contractors and subcontractors involved in the project's construction include requirements that a contractor or subcontractor:
6.
Contracts.
Contracts must be based on the standard form contract required by subsection 3, paragraph F. The department may coordinate with any entity listed in subsection 4 in the negotiation of contracts. The department or a transmission and distribution utility may make a request to file information relevant to the contract negotiations with the commission pursuant to a protective order.
7.
Commission approval.
The department shall submit contracts negotiated pursuant to subsection 6 to the commission for approval, and the commission shall approve a contract upon finding that:
8.
Bidding fees.
The department may require a bidder to pay a reasonable and nonrefundable bidding fee to defray the department's administrative costs associated with a solicitation, as well as financial security due at contract execution, which may be at risk if projects fail to meet project milestones. The department may require a transmission and distribution utility to hold those fees. A bidding fee must be set forth in the request for proposals required by subsection 2.
9.
Confidentiality.
Proposals submitted in response to a solicitation and materials created or submitted during contract negotiations pursuant to this section are confidential and may not be disclosed.
10.
Commission rules.
The commission shall establish a process by rule for the review of requests for proposals under subsection 2, paragraph C and the review of contracts under subsection 7. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.