Current through Register 1531, September 27, 2024
(1)
RFP
Terms. A Local Governmental Body shall solicit competitive sealed
proposals through an RFP process. Except for those soliciting only On-Site
Energy Generation, requirements set forth in 225 CMR 10.03(2), every RFP shall,
at a minimum, include the information listed in 225 CMR 10.03(1)(a) through
(i):
(a) A general description of those
buildings to be addressed by the RFP, including where applicable:
1. the general purpose for which the building
is used, the physical location, and approximate hours of daily
occupancy;
2. the approximate size,
age and condition of the building envelope;
3. a general description of the heating and
cooling systems including the approximate age, condition, and fuel
type(s);
4. a general description
of the heating and cooling distribution systems and control systems;
5. a general description of the lighting and
lighting control systems; and
6.
fuel, electricity, and water consumption data for the past three
years.
(b) A general
statement of the minimum scope of building improvements proposed by the Local
Governmental Body;
(c) A request
that the Responsive Offeror provide recommendations to address building
improvements referenced in 225 CMR 10.03(1)(b), and where applicable,
additional improvements for:
1. the building
envelope;
2. the heating and
cooling systems;
3. the lighting
and control systems; and
4. any
other recommendations for Energy Savings sought by the Local Governmental
Body.
(d) A statement of
objectives, identifying the Local Governmental Body's priorities, on which the
proposals will be evaluated. The statement of objectives may include Energy
Savings, reducing energy and/or water consumption, funding major capital
improvements, and improving building operating conditions;
(e) A request for price data on each proposed
Energy Conservation Measure and, if applicable, water conservation measure that
includes a breakdown of each Energy Conservation Measure's cost structure,
mark-ups, overhead, and profit;
(f)
A request for estimated Guarantee of Savings or Energy Savings based on the
specified savings calculation methodology identified in the most recent version
of the Federal Energy Management Program (FEMP) Guide for Measurement and
Verification;
(g) A Certificate of
Eligibility and the most current Update Statement;
(h) Minimum payment terms including, but not
limited to, all payments to the Contractor; any related Energy Savings;
revenues such as utility sponsored rebates; tax incentives or other incentives;
and payments to the Local Governmental Body; and
(i) Minimum terms and conditions of the
contract.
(2)
RFP Terms for On-site Energy Generation. A Local
Governmental Body that is soliciting proposals for solely the construction of
On-site Energy Generation shall be required to solicit competitive sealed
proposals through an RFP Process. Every RFP shall at a minimum include the
information listed in 225 CMR 10.03(2)(a) through (f):
(a) A general description of those buildings
or facilities to be addressed by the RFP, including:
1. the general purpose for which the building
or facility is used, and approximate hours of daily occupancy;
2. any permitting requirements;
3. the conditions (surface, subsurface, and
underground facilities) at the site; and
4. For rooftop installations, the approximate
size, age and condition of the building, including the roof where the system
will be mounted;
(b) A
statement of objectives, identifying the Local Governmental Body's priorities
on which proposals will be evaluated;
(c) A request for price data on each proposed
Renewable Energy system that includes a breakdown of cost structure;
(d) A request for estimated actual and
Guarantee of Generation based on the specified savings calculation methodology
in the most recent version of the Federal Energy Management Program (FEMP)
Guide for Measurement and Verification,
(e) A Certificate of Eligibility and the most
current Update Statement; and
(f)
Minimum payment terms including, but not limited to, all payments to the
Contractor; revenues such as utility sponsored rebates; tax incentives or other
revenues which are factored in said payments; and payments to the Local
Governmental Body.
(3)
Notice of EMS Procurement. All Local Governmental
Bodies shall file a Notice of EMS Procurement with DOER at least 15 Business
Days prior to filing the RFP with the Secretary of the Commonwealth for
publication in the Central Register. The Notice of EMS
Procurement shall include a copy of the RFP, the contact information, the name
of the Local Governmental Body, the physical address, the name and contact
information for the Chief Procurement Officer, if applicable, or an alternative
local governmental official with equivalent responsibilities, and the current
phone number and email address for the person responsible for the RFP. The
Local Governmental Body shall use the most current forms and associated
instructions, including all required information, documentation, and assurances
provided by DOER.
(4)
Acknowledgment of Receipt. Upon receipt of a Notice of
EMS Procurement, EMS Contract, or EMS Contract Amendment from a Local
Governmental Body, DOER shall determine whether it is complete and satisfies
all requirements.
(a) If such Notice is
deemed incomplete, DOER shall identify all information necessary to complete
the filing and notify the Local Governmental Body in writing within ten
Business Days of receipt.
(b) Once
DOER has deemed that the Notice of EMS Procurement, EMS Contract, or EMS
Contract Amendment is complete, DOER shall, within ten Business Days of
receipt, email an Acknowledgement of Receipt to the contact person named in the
Notice and the Chief Procurement Officer which does not constitute a review or
approval of the RFP, EMS Contract, or EMS Contract Amendment by DOER.
(c) A Local Governmental Body shall not issue
and publish an RFP, or execute an EMS Contract or Contract Amendment until the
Local Governmental Body receives an Acknowledgment of Receipt from
DOER.
(d) Publication by the Local
Governmental Body of an RFP or execution of an EMS Contract or Contract
Amendment prior to receipt of an Acknowledgment of Receipt shall be deemed to
be a violation of the procurement process under
225 CMR 10.00, unless the
Local Governmental Body has not received a response from DOER within ten
Business Days of receipt.
(5)
Publication of
RFP. A Local Governmental Body may only publish an RFP for EMS if
the RFP process is in compliance with
225 CMR 10.00. Such
publication of an RFP shall also comply with the requirements of M.G.L. c. 149,
§ 44J(1). Local Governmental Bodies are encouraged to provide longer than
required posting and publication periods, when appropriate, to increase fair
competition among Responsive Offerors.
(6)
Response Opening and
Evaluation.
(a)
Response Opening. A Local Governmental Body shall open
proposals publicly, in the presence of two or more witnesses, at the time
specified in the request for proposals, and shall be available for public
inspection.
(b)
Response Evaluation. A Local Governmental Body shall
evaluate each proposal and award each contract based solely on the criteria set
forth in the request for proposals. Such criteria shall include, but not be
limited to, all standards by which the local governmental body shall evaluate
responsiveness, responsibility, qualifications of the offeror, technical merit
and cost to the local governmental body.
