An alternative procurement method for energy saving performance contracting

GUIDELINES / KEY RESOURCES / MODEL DOCUMENTS / CASE STUDIES & PRESENTATIONS

Energy Management Services (EMS), defined in section three of M.G.L. 25A, is a type of Energy Savings Performance Contracting (ESPC) that provides a performance guarantee from the company that installs the equipment. EMS is an alternative public procurement method used to purchase energy conservation measures, energy efficiency and water conservation measures and onsite energy generation.

Procurement Assistance and Enforcement

Public agencies may use EMS as an alternative public procurement method to execute their energy efficiency and renewable energy plans. DOER staff assists local jurisdictions to ensure the procurement process goes smoothly

EMS Regulations

225 CMR 10.00 pdf format of 225 CMR 10.00
EMS regulations for use with a Request for Proposal

 225 CMR 19.00 pdf format of 225 CMR 19.00
EMS regulations for use with a Request for Qualifications

Please note: All documents listed on this web page are unofficial and provided for informational purposes only. To obtain the only official version of each regulation from the Massachusetts Register, please contact the State Bookstore.

Contact Information:
Eileen McHugh, MCPPO
Senior Program Coordinator
(617) 626-7305
eileen.mchugh@state.ma.us

Massachusetts Energy Management Workshop 2016

November 1, 2016, 10:00 AM - 2:00 PM EDT
100 Cambridge Street, Room C&D

Boston, Massachusetts 02114

Join the Department of Energy Resources (DOER) and the Massachusetts Energy Services Coalition (MAESC) for a free one-day workshop focused on energy efficiency and renewable energy using Energy Management Services in Massachusetts. The workshop will highlight past successes and look ahead to future opportunities.

Speakers will include DOER, MAESC members, local officials, and owner’s agents. We anticipate an audience including local municipal and school officials, public procurement officials, and industry representatives. 

Agenda

Panels will cover:  

  • Overview of EMS program
  • Available resources and incentives
  • Roundtable discussion of lessons learned

The full agenda will be announced soon.

Conference Registration

  • Conference registration is free.  
  • Register by October 26th

REGISTER NOW

IMPORTANT NOTICE: Due to increased IT security, emails with attachments may be blocked – DO NOT SEND ZIP FILES. Please call Eileen McHugh at the telephone number shown above to ensure that DOER received your filed documents.

Guidelines

DOER guidelines are a set of clarifications, interpretations, and procedures, including forms and model documents, developed and issued by DOER to assist it in determining compliance with 225 CMR 10.00 or 225 CMR 19.00. Each Guideline is effective on its date of issuance or on such date as is specified therein, except as otherwise provided in the regulations.. When procuring for EMS, it is the sole responsibility of each governing body to consult with legal counsel in preparing any documents and to ensure compliance with all applicable federal, state, and local laws, rules, regulations, and procurement procedures.

Procurement Procedure

Request for Proposal (RFP)
225 CMR 10.00

Request for Qualifications (RFQ)
225 CMR 19.00

Notice of EMS Procurement RFP Compliance Certificate  pdf format of RFP Compliance Certificate
RFQ Compliance Certificate  pdf format of RFQ Compliance Certificate
Bid and AddendaFile bids with DOER at least 15 Business Days prior to filing the bid with the Secretary of the Commonwealth for publication in the Central Register.File bids with DOER at least 15 Business Days prior to filing the bid with the Secretary of the Commonwealth for publication in the Central Register.
DOER AcknowledgmentWithin 10 business, DOER will confirm receipt; verify that all documents have been submitted.

Within 15 business days, DOER shall determine whether a bid is complete or notify the local governmental body that further review is needed.

A local governmental body shall not issue or publish an RFP until it receives an acknowledgment of receipt from DOER.
Within 10 business, DOER will confirm receipt; verify that all documents have been submitted.

Within 15 business days, DOER shall determine whether a bid is complete or notify the local governmental body that further review is needed.

A local governmental body shall not issue or publish an RFQ until it receives an acknowledgment of receipt from DOER.
Advertising RequirementsOnce the acknowledgment is received, advertise in the Central Register under general contracts. Publication of an RFP prior to receipt of an acknowledgment is a violation of the procurement process under 225 CMR 10.00.Once the acknowledgment is received, advertise in the Central Register under general contracts. Publication of an RFQ prior to receipt of an acknowledgment is a violation of the procurement process under 225 CMR 19.00.
DCAMM CertificationRequired under prime contractor for energy services.Required under prime contractor for energy services.
Filed sub-bidsNo.No.
Bid DepositNo.No.
Payment BondRequired during construction period. Contractor must provide proof of bonding capacity before signing contract.

 
Required during construction period. Contractor must provide proof of bonding capacity before signing contract.
Performance BondYes, 100%Yes, 100 %
Prevailing WageYes. Please confirm prevailing wage with the Department of Labor Standards at 617-626-6975.Yes. Please confirm prevailing wage with the Department of Labor Standards at 617-626-6975.
Contractor EvaluationYes.Yes.
Investment Grade Energy Audit Agreement (IGA)No.Required before one may negotiate a contract.
  
EMS Contract
Submission Guideline
The guidelines for filing a contract are the same under 225 CMR 10.00 and 225 CMR 19.00.
Contract AwardRequired to provide public notice of the meeting at which it proposes to award the EMS contract at least ten days before the meeting; promptly publish notice of the award in the Central Register; provide such notice to DOER.
Prior to executing a contractRequired to file a final version of the contract, a EMS Contract Compliance Certificate  pdf format of EMS Contract Compliance Certificate
form and DOER’s EMS Annual Report with projected energy and water cost savings estimates at least 15 business days prior to signing a contract.

 
DOER acknowledgment of receiptWithin 10 business days, DOER will notify the local governmental body confirming receipt of all documents that are under review. Within 15 business days, DOER will determine if it is complete and meets all requirements or if further action is needed. If incomplete, DOER will identify the deficiencies.

A local governmental body shall only award a contract for EMS if all the requirements of the regulations have been met.
TermContract term shall not exceed 20 years.
Measurement and Verification (M&V)M&V is required for the full term of the contract and must comply with the most recent version of the Federal Energy Management Program M&V Guidelines including all outside sections. EMS Annual Report must be submitted annually.
Performance GuaranteeThe contractor will provide a written guarantee, warranting that the owner will achieve a specific level of performance in each year. The guarantee is required for the full term of the contract. Excess savings inure to the benefit of the owner.

Key Resources

Model Documents

DOER provides guidance to assist public officials in implementing EMS projects. The information contained herein is not intended to provide legal advice and is subject to change. DOER developed the following draft model documents to ensure compliance with 225 CMR 10.00 and 225 CMR 19.00. All documents are provided in a form for easy editing. To comment on the draft model documents, please email your remarks to EMS.DOER@state.ma.us. For assistance, please contact Eileen McHugh.

  • Request for Proposal (RFP) is for use under 225 CMR 10.00. When filing the RFP, provide the RFP Compliance Certification. The notification is not complete without the certificate.
  • Request for Qualifications (RFQ) is for use under 225 CMR 19.00. When filing the RFQ, provide the RFQ Compliance Certification. The notification is not complete without the certificate.
  • Property Description (see below) – For use with either the RFP, RFQ, or Contract (EMSA) 
  • Investment Grade Audit Agreement – the audit agreement may be used with the RFP process but must be used in the RFQ process.
  • Energy Management Services Agreement (EMSA or Contract) is for use with 225 CMR 10.00 and 225 CMR 19.00 for projects implementing energy conservation measures for energy efficiency and renewable onsite energy. Note, for onsite energy generation only, please use the RFP or RFQ and model contract for onsite energy generation only.
  • When filing the final contract, or amendments, include the annual report for comprehensive measures and onsite energy generation.
  • Request for Proposal (RFP) for Renewable Onsite Energy Generation only – the onsite energy generation RFP is for use with 225 CMR 10.00. Remove price criteria for use with 225 CMR 19.00. Provide the RFP or RFQ Compliance Certification when filing.
  • Renewable Onsite Energy Generation Only EMSA – This draft model EMSA is for use with both 225 CMR 10.00 and 225 CMR 19.00

Other Resources

Case Studies and Presentations

 

 


This information is provided by the Department of Energy Resources.