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Acting under statutory authority of Section 11I of Chapter 25A of the General Laws, DOER is proposing new regulations, 225 CMR 19.00 —Energy Management Services (EMS) Contracts.
These new draft provisions provide:
- An expedited process to procure energy efficiency improvements for buildings and facilities, thereby saving them time and money in the procurement process
- Improved clarity
- The installation of “on-site electrical generation equipment”
- Incorporation of best industry practices
EMS Statutes and Regulations
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.
Procurement Assistance and Enforcement
Municipalities, schools, water and wastewater districts, and regional school districts may choose to use EMS to execute their energy efficiency plans with a number of significant advantages
- As a type of performance contracting, the cost of implementing efficiency measures is paid for in whole or in part by the energy and water savings from the project
- The Energy Services Company (ESCO) guarantees the energy savings
- EMS creates a seamless process, from conceptualization and design, to implementation and monitoring, eliminating the costs and potential delays of multiple bidding processes
DOER staff assists jurisdictions to help them prevent problems during the procurement process. Municipalities using EMS must file Requests for Proposals, Requests for Qualifications, Investment Grade Audit Agreements, Contracts, and Annual Guaranteed Savings Reports with the DOER
The Certificate of Compliance form must be completed and signed by a duly authorized representative, and sent together with the copy of the RFP or RFQ under the cover “Notice of EMS Procurement”. To file documents email one complete electronic copy along with the Certificate of Compliance to: EMS.DOER@state.ma.us and mail one complete copy to:
Massachusetts Department of Energy Resources
Attn: NOTIFICATION OF EMS PROCUREMENT
100 Cambridge St., Suite 1020
Boston, MA 02114
For questions or concerns, please contact Eileen McHugh at (617) 626-7305.
The following is intended to serve as an introduction to the elements pertaining to the development of an EMS project and should not be used as a substitute for a thorough analysis of facts and the law. 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. Please contact Eileen McHugh at (617) 626-7305 for a copy of draft model documents.
- EMS Guide v.2.1
- Frequently Asked Questions for EMS
- EMS Process Steps for RFP/RFQ Procurements
- EMS Guidelines for Calculating Energy Savings for Renewable Energy Projects
- Federal Energy Management Program Measurement & Verification Guidelines V3
- Federal Energy Management Program Measurement & Verification Guidelines V2.2 file size 1MB
- Example Measurement & Verification Plan
Draft 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
Keys to a Successful Energy Management Services Contract
- Consult with in-house technical staff familiar with other construction projects.
- Involve key decision-makers.
- Assign a project manager to coordinate all aspects of the project from inception.
- Organize a team and include finance, technical, procurement, and legal staff.
- Hire an owner's agent, preferably someone familiar with this type of project.
- Develop an energy use baseline: assess your needs by collecting at least two years of energy usage data and related building information.
- Define your project: keep overall goals in mind, prioritize improvements, and understand expectations. Include renewable energy technologies and/or innovative methods of saving energy.
- Create accountability by documenting procedures and changes.
- Adhere to state procurement laws.
- Use DOER model documents (below).
- Follow Best Practices.
- Financing Energy Upgrades for K-12 School Districts file size 1MB
- ENERGY STAR Building Manual is a strategic guide to help you plan and implement profitable energy saving building upgrades.
- Energy Management Basics for Municipal Planners and Managers: A guide to the basics concepts of managing energy consumption.
- Central Register: Submit bids and notices
- DCAM Certificate of Eligibility
- Vendor Debarment website contains lists of businesses that have been debarred. Debarment may occur, by the federal government or the state, when there is evidence of improper conduct, including, but not limited to, fraud, collusion, attempts to improperly influence a bid process or indictment by the bidder/contractor.
- Office of Inspector General
- Energy Services Coalition
- National Association of Energy Services Companies
- Operational Services Division COMMBUYS
- Efficiency Valuation Organization: Obtain a copy of the International Performance Measurement and Verification Protocol or the International Energy Efficiency Financing Protocol
- Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades provides guidance for integrating indoor air quality protections and energy efficiency improvements
Case Studies and Presentations
- Energy Management Services Handout
- Energy Management Services Basics Presentation
- April 14, 2011 - MCPPO Classroom: Energy Management Services
- June 7, 2011 - Workshop for Water and Wastewater Facilities file size 1MB
This information is provided by the Department of Energy Resources.