Current through Register Vol. 30, No. 38, September 20, 2024
A. A school district may procure a guaranteed
energy production contract with a qualified provider through competitive sealed
proposals in accordance with
R7-2-1041
through
R7-2-1050.
1. The request for proposals evaluation
factors required by
R7-2-1042(A)(1)(h)
shall include objective criteria for selecting the qualified provider,
including the guaranteed energy price, the guaranteed energy production, the
quality of the technical approach, the quality of the project management plan,
the financial solvency of the qualified provider and the experience of the
qualified provider with projects of similar size and scope.
2. Notwithstanding
R7-2-1042(A)(1)(h),
the request for proposals shall set forth the respective numerical weighting
for each evaluation criterion.
3.
The school district may obtain any required financing as part of the original
competitive sealed proposal process from the qualified provider, or from a
third-party financing institution procured separately in accordance with
Articles 10 and 11.
4. When
submitting a proposal for the installation of equipment, the qualified provider
shall include information containing the guaranteed energy production
associated with each proposed energy production measure. The school district
shall review and approve this guarantee before the actual installation of any
equipment. The qualified provider shall transmit a copy of the approved
guarantee to the division of school facilities within the department of
administration and the governor's office.
5. A qualified provider is a person that is
experienced in designing, implementing or installing energy cost savings
measures, that has demonstrated technical, operational, financial and
managerial capabilities to design and operate cost savings measures and
projects and that has the financial ability to satisfy guarantees for
guaranteed energy production, financial solvency and experience for projects of
similar size and scope.
B. In selecting a contractor to perform any
construction work related to performing the guaranteed energy production
contract, the qualified provider may:
1.
Develop and use a prequalification process for contractors.
2. Require the contractor to demonstrate that
the contractor is adequately bonded to perform the work and that the contractor
has not failed to perform on a prior job.
C. A guaranteed energy production contract
shall include a guaranteed energy price, and a written guaranteed energy
production as measured on an annual basis over the expected life of the energy
production measures implemented or within 25 years, whichever is shorter. The
school district shall ensure that the contractor:
1. Prepares a measurement and verification
report on an annual basis in addition to an annual reconciliation of any
guaranteed energy production shortfall.
2. Reimburses the school district for any
guaranteed energy production shortfall on an annual basis by multiplying any
energy production shortfall by either the difference between the guaranteed
energy price and the effective utility rate, or an alternative method as
mutually agreed on by the school district and the qualified provider.
D. The selected qualified provider
shall provide a performance bond in accordance with
R7-2-1103(A)(1)(c).
E. The selected qualified provider shall make
public information in the subcontractor's bids.
F. For all projects under this Section, the
school district shall report to the governor's office and the division of
school facilities within the department of administration:
1. The name of the project.
2. The name of the qualified
provider.
3. The total cost of the
project.
4. The expected guaranteed
energy production and guaranteed energy price, including relevant escalators,
if applicable, over the term of the guaranteed energy production
contract.
G. For all
projects under this Section, the school district shall annually report the
actual energy production and guaranteed energy price to the division of school
facilities within the department of administration no later than October
15.
