Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process
Section 10.02 - Definitions

Business Day. A business day shall mean Monday through Friday, exclusive of state and federal legal holidays.

Central Register. The publication maintained by the Secretary of the Commonwealth that publishes Notices of RFPs.

Certificate of Eligibility. A certificate provided by DCAM under M.G.L. c. 149, § 44D, indicating a contractor's qualifications to perform Energy Management Services

Commissioner. The Commissioner of the Department of Energy Resources established by M.G.L. c. 25A, § 1.

Contractor. The vendor selected by the Local Governmental Body to perform the energy management services solicited through an RFP under 225 CMR 10.00.

DCAM. The Division of Capital Asset Management and Maintenance, established by M.G.L. c. 7, § 4A.

DOER. The Department of Energy Resources, established by M.G.L. c. 25A, § 1.

EMS Annual Report. A report form required by DOER that must be completed by the Local Governmental Body summarizing the energy or water unit and dollar cost savings. The initial report providing estimated savings must be filed along with the EMS contract and thereafter within 90 days after the anniversary of the Guaranteed Energy Performance Period.

Energy Audit. A systematic inspection, verification and determination of the energy consumption characteristics of a building or facility which:

(a) identifies the type, size and rate of energy consumption of such building or facility and the major energy using systems of such building or facility;

(b) determines appropriate energy conservation maintenance and operating procedures; and (c) indicates the need, if any, for the acquisition and installation of Energy Conservation Measures or On-site Energy Generation.

Energy Conservation. A modification of, or change in, the operation of real or personal property in a manner likely to improve the efficiency of energy use, and shall include Energy Conservation Measures and any Energy Audits to identify and specify energy and cost savings.

Energy Conservation Measures. Measures involving modifications of maintenance and operating procedures of a building or facility and installations therein, which are designed to reduce energy consumption in such building or facility, or the installation or modification of an installation in a building or facility which is primarily intended to reduce energy consumption.

Energy Conservation Projects. Projects to promote Energy Conservation, including but not limited to energy conserving modification to windows and doors; caulking and weather stripping; insulation, automatic energy control systems; hot water systems; equipment required to operate variable steam, hydraulic and ventilating systems; plant and distribution system modifications, including replacement of burners, furnaces or boilers; devices for modifying fuel openings; electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures; energy recovery systems; on-site electrical generation equipment using new renewable generating sources as defined in M.G.L. c. 25A, § 11F; and cogeneration systems.

Energy Management Services (EMS). A program of services, including Energy Audits, Energy Conservation Measures, Energy Conservation Projects or a combination thereof, and building maintenance and financing services, primarily intended to reduce the cost of energy and water in operating buildings, which may be paid for, in whole or in part, by cost savings attributable to a reduction in energy and water consumption that result from such services. The EMS contract may extend for a term not to exceed 20 years. The allowable length of the EMS contract may also reflect the useful life of the cost savings measures.

Energy Savings. A measured reduction in fuel and its costs, energy and its costs, water and its costs, or operating or maintenance costs resulting from the implementation of Energy Conservation Measures or Projects; provided, however, that any pay back analysis to evaluate the energy savings of a geothermal energy system to provide heating, cooling or water heating over its expected life span shall include gas and electric consumption savings, maintenance savings and shall use an average escalation rate based on the most recent information for gas and electric rates compiled by the Energy Information Administration of the United States Department of Energy.

Established Baseline. A written description of previous fuel, energy, and water consumption data and operating and maintenance costs for the past three years, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed. The description shall be included in the Request for Proposals.

Guarantee of Generation. The written guarantee of a Contractor warranting the particular electrical energy generation to be derived from the On-site Electrical Generation unit. Such written guarantee shall:

(a) include a detailed description of the equipment to be installed; and

(b) state the annual amount of electrical energy to be generated in kilowatt hours per year.

Guarantee of Savings. The written guarantee of a Contractor, warranting the energy savings to be derived from a particular Energy Conservation Measure, Energy Conservation Project, Energy Management Services, or Energy Savings. Such written guarantee shall include a detailed description of the cost of the energy or water conservation or usage measures, all causally connected work, and ancillary improvements provided for in the contract. The guarantee shall state the annual savings expressed in applicable energy units or (if water savings) in gallons per year and be based on dollars saved by reference to established unit rates.

Guaranteed Maximum Cost. The fixed maximum cost of the Energy Management Services, including:

(a) the cost of each energy conservation measure, after installation, startup, and testing; and

(b) the total payments made by a Local Governmental Body to a contractor, including but not limited to, the total capital investment and the contractor's costs. Utility sponsored rebates, tax credits or other incentives, any direct governmental subsidies, interest payments, and energy and water cost savings shall not be deducted from the Guaranteed Maximum Cost.

Guidelines. 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. Each Guideline shall be effective on its date of issuance or on such date as is specified therein, except as otherwise provided in 225 CMR 10.00.

Local Governmental Body. A city, town, district, regional school district or county, or an agency or authority thereof, including a housing authority, board, commission, department or instrumentality of a city, town district, regional school district or county, and any other agency that is not a state agency or building authority; or a combination of two or more such cities, towns, districts, regional school districts or counties, or agencies or authorities thereof.

On-site Energy Generation. The generation of renewable energy or the cogeneration of electricity and heating or cooling of a generation unit located on or adjacent to a building or structure owned by a Local Governmental Body who utilizes some or all of the energy so generated either directly or indirectly through net metering, as defined in M.G.L. c. 164, § 138.

Renewable Generation. The electrical energy output of an RPS Class I Renewable Generation Unit or Solar Carve-out Renewable Generation Unit as defined under 225 CMR 14.00: Renewable Energy Portfolio Standard - Class I.

Request for Proposals (RFP). A written document issued by a Local Governmental Body that invites potential Responsive Offerors to submit proposals outlining their qualifications to perform the Energy Management Services for the Local Governmental Body, a cost proposal, and other information required by 225 CMR 10.03(1) and (2) and the Local Governmental Body.

Responsive Offeror. A person who has submitted a proposal, which conforms in all respects to the Requests for Proposals and who possesses the skill, ability, and integrity necessary to faithfully perform the work, based upon a determination of competent workmanship and financial soundness in accordance with M.G.L. c. 149, § 44D.

RFP Compliance Certification. A form prepared by DOER from time to time that is completed and signed by a duly authorized officer of the Local Governmental Body, certifying that the Local Governmental Body's RFP for EMS is in full compliance with 225 CMR 10.00 and M.G.L. c. 25A, § 11C.

Update Statement. A form developed by DCAM, as defined in 810 CMR 4.01: Definitions, to be completed by a General Contractor and submitted with all proposals.