EMS Guidelines

See the EMC guidelines for procurement and contract submission.

Procurement

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	RFQ Compliance Certificate
Bid and Addenda	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.	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 Acknowledgment	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 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 Requirements	Once 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 Certification	Required under prime contractor for energy services.	Required under prime contractor for energy services.
Filed sub-bids	No.	No.
Bid Deposit	No.	No.
Payment Bond	Required 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 Bond	Yes, 100%	Yes, 100 %
Prevailing Wage	Yes. 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 Evaluation	Yes.	Yes.
Investment Grade Energy Audit Agreement (IGA)	No.	Required before one may negotiate a contract.

Additional Resources

RFP Compliance Certificate

RFQ Compliance Certificate

EMS Contract Compliance Certificate

EMS Contract Submission

EMS Contract Submission Guideline	The guidelines for filing a contract are the same under 225 CMR 10.00 and 225 CMR 19.00.
Contract Award	Required 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 contract	Required to file a final version of the contract, a 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 receipt	Within 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.
Term	Contract 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 Guarantee	The 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.

Additional Resources

Bidding Opportunities

DCAMM Contractor Certification

Vendor Debarment

Office of Inspector General

Energy Management Services Guide 3.0.

Frequently Asked Questions (FAQ) for EMS

Measurement and Verification Guidelines for Performance-Based Contracts (US DOE)

Example Measurement & Verification Plan