of the Act,

applicants shall present a Sworn Statement disclosing whether or not at the time of submittal, the GEP object of the application is covered by, or receives other state and/or federal incentives, in the form of tax or production credits, accelerated depreciation, rebates, grants, industrial incentives or otherwise, and under what laws. 6.1.12. Operation and Maintenance - Include a complete operation and maintenance plan for the life of the GEP, including any estimated increases resulting from additional fuel costs. Applicant is required to demonstrate that it has the capacity to perform all necessary upkeep/maintenance over the life of the project. 6.1.13. Proposal Information and Signatures - The Proposal should include the full business address of the Applicant or lead team member and the names and phone numbers of authoritative and technical contact persons. A 57 principal of the lead firm must sign a statement of verification of proposal information (to be posted in the webpage indicated in Section 6.2.1 of Chapter One). Satisfactory evidence of authority of each person signing the proposal shall be included. VII. Evaluation Process 7.1 Evaluation Committee: The Evaluation Committee shall be required to approve any incentive requests and disbursements that equal or exceed $500,000. 7.2 Technical Committee: PREAA shall create a Technical Committee to review and provide recommendations on submitted proposals. 7.3 The Technical Committee may include external independent consultants and/or subject matter experts and may include PREAA staff. 7.4 Based upon the recommendations of the Technical Committee, and the Evaluation Committee's approval when applicable, PREAA will issue a final determination. VIII. Evaluation Criteria 8.1 The following criteria, not necessarily listed in order of significance, will be used to evaluate proposals. These criteria will be 58 used to develop a project application scoring system with input from the Technical Committee and PREAA. Tier 2 Reference Guide and additional tendering process details published from time to time will elaborate on the scoring system, as PREAA may deem necessary. The criteria used in this scoring system shall include but not be limited to: 8.1.1. Incentive amount requested per kWh of green energy produced (costeffectiveness measure) ; 8.1.2. Project development experience; 8.1.3. Project equipment and technology; 8.1.4. Project related benefits, including green energy production, avoided greenhouse gases emissions, green jobs created and economic development benefits, as would be the case for GEPs established pursuant to Act No. 153 of August 10, 2002, "Act to Create the Special Vieques-Culebra Economic Development Zone" ; 59 8.1.5. Project location and sitting, including potential interconnection issues; 8.1.6. Project's Finance, including ability to provide, through self- funding or through third party financing, expected development costs; 8.1.7. Project completion schedule; and 8.1.8. Other incentives available to the project. IX. Appeal 9.1 Unsuccessful Applicants will have ten (10) calendar days from the date of the notice of award rejection to request reconsideration of the determination to the Executive Director of PREAA. Presentation of the request for reconsideration will constitute a jurisdictional requirement to eventually solicit judicial review. 9.2 PREAA will make a determination and issue a final notification stating its decision with respect to the request for reconsideration within fifteen (15) calendar days after a request for reconsideration is filed. If PREAA rejects, accepts or fails to take action 60 within such fifteen (15) calendar days, the term to request judicial review shall start running when said decision is notified or upon expiration of the fifteen (15) calendar days provided to consider it, depending on the case. 9.3 Applicants who receive a final adverse notification may seek judicial review by filing an appeal for judicial review with the Court of Appeals within a jurisdictional term of ten (10) calendar days from the final adverse notification. The mere filing of an appeal for judicial review with the Court of Appeals shall not automatically stay processes before PREAA. Therefore, any awards at the time granted shall not be automatically reversed or their notifications stayed. Instead, a request for a relief to stay PREAA's processes must be presented through a motion to that effect and must be justified in compliance with all the requirements for an order in aid of jurisdiction. 9.4 Any order issued by the Court of Appeals to stay procedures before PREAA must be issued within five (5) calendar days of the request. If such order is issued within these five (5) calendar days, it shall only affect and be limited to the amount in controversy, thus PREAA may proceed to award incentives to other selected projects up to the available amounts 61 after subtracting the incentives that would be applicable to the project or projects under judicial review. If the Court of Appeals does not issue an order to stay PREAA's proceedings within five (5) calendar days of the filing of a motion seeking such relief, PREAA must proceed with the competitive tendering process as if no appeal for judicial review had been filed. On the other hand, if the Court of Appeals issues a stay order within five (5) calendar days of filing the appeal for judicial review, the provisions stated in the second sentence of this section shall apply. 62 Chapter Four OTHER PROVISIONS AND EFFECTIVENESS I. Interpretation 1.1 This Regulation shall be interpreted as a whole and in the most flexible way to permit granting rebates to the extent fund are available. 1.2 In case any one or more of the provisions of this Regulation shall for any reason be held by a court of competent jurisdiction to be invalid or contrary to any superseding law or regulation, such invalid provision shall be deemed not included and the Regulation as a whole shall be construed and enforced as if such invalid provision had not been contained herein. 1.3 This Regulation shall not be deemed to waive or modify any applicable provisions of laws or regulations regulating renewable energy systems, equipment, designers, and installers in Puerto Rico. Any applicable certifications and permits shall also be obtained or requested for the application to be submitted. II. Ethical Considerations 2.1 PREAA employees and external independent technical consultants and/or subject matter 63 experts that are members of the Technical Committee (s) and the Evaluation Committee reviewing, verifying or approving Tier 1 or Tier 2 applications and the immediate families of those individuals listed above may not participate in any of the programs under this Regulation nor may they have any direct or indirect ownership over Applicants submitting applications for their programs. Any other Government employees or person may participate provided the conditions set forth in Section 1823 (e) (3) of the Ethics in Government Act are complied with. III. Effectiveness 3.1 The Executive Director of PREAA approved this Regulation on June 28, 2011. 64