Map of Massachusetts EMS Projects

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Regulatory Proceedings for Energy Management Services

Acting under statutory authority of Section 11C of Chapter 25A of the General Laws, DOER is proposing amendments to portions of 225 CMR 10—Energy Management Services (EMS) Contracts. The proposed amendments address the following: improve clarity, allow for the installation of “on-site electrical generation equipment,” and incorporate best industry practices.

Procurement Assistance and Enforcement

Massachusetts General Laws chapter 25A, sections 11C and 11I, and 225 CMR 10.00 pdf format of 225 CMR 10.00 , establish uniform procedures for public agencies to use when contracting for Energy Management Services (EMS). Many cities and towns choose to use EMS to execute their energy efficiency plans. EMS offers 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 guaranteed from the project by the chosen vendor. It creates a seamless process, from conceptualization and design, to building and monitoring. It also eliminates the costs and potential delays of multiple bidding processes, since cities and towns have to go out to bid only once, as the contract is awarded for the whole project.

Assistance

DOER staff assists jurisdictions to help them prevent problems during the procurement process. Municipalities using M.G.L. 25A, §11C or §11I must file requests for proposals, requests for qualifications, investment grade audit agreements, contracts, and annual reports with the DOER. When filing reports, please use DOER’s form EMS Annual Report for Municipalities.

To file documents email one complete electronic copy 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.

Guidelines and Model Documents

The agency provides the following documents to assist public officials in contracting under Chapter 25A, sections 11C and 11I

To file bid documents, investment grade audit agreements, contracts, and annual reports with the DOER, email one complete electronic copy 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

Keys to a Successful Energy Management Services Contract

  1. Consult with in-house technical staff familiar with other construction projects.
  2. Involve key decision-makers.
  3. Assign a project manager to coordinate all aspects of the project from inception.
  4. Organize a team and include finance, technical, procurement, and legal staff.
  5. Hire an owner's agent, preferably someone familiar with this type of project.
  6. Develop an energy use baseline: assess your needs by collecting at least two years of energy usage data and related building information.
  7. Define your project: keep overall goals in mind, prioritize improvements, and understand expectations. Include renewable energy technologies and/or innovative methods of saving energy.
  8. Create accountability by documenting procedures and changes.
  9. Adhere to state procurement laws pdf format of ems-applicable-laws-aug08-2011.pdf .
  10. Use DOER model documents (below).
  11. Follow Best Practices pdf format of ems_best_practices.pdf .

Resources

Case Studies and Presentations

This information is provided by the Department of Energy Resources.