Current through Register 1518, March 29, 2024
(1)
RFQ Terms. A Local Governmental Body shall solicit
competitive sealed statements of qualifications through an RFQ. Except for
those soliciting only On-site Energy Generation, requirements set forth in 225
CMR 19.03(2), every RFQ shall, at a minimum, include the following:
(a) A general description of those buildings
to be addressed by the RFQ, 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 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 two 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 19.03(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
statements of qualifications 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 requirement to submit a Certificate of
Eligibility and the most current Update Statement; and
(f) A requirement to submit the cost of an
IGA.
(2)
RFQ
Terms for On-site Energy Generation. A Local Governmental Body
that is soliciting statements of qualifications for solely the construction of
On-site Energy Generation shall be required to solicit competitive sealed
statements of qualifications through an RFQ process. An RFQ shall at a minimum
include the following information:
(a) A
general description of those buildings or facilities to be addressed by the
RFQ, 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 statements of qualfications will be evaluated; and
(c) A requirement to submit a Certificate of
Eligibility and the most current Update Statement.
(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 RFQ
with the Secretary of the Commonwealth for publication in the Central
Register. The notice of EMS procurement shall include a copy of the
RFQ, RFQ Compliance Certification, 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 RFQ. The Local
Governmental Body shall use the most current RFQ Compliance Certification 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 RFQ, EMS contract, or EMS contract amendment by DOER.
(c) A Local Governmental Body shall not issue
and publish an RFQ, 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 RFQ 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 19.00, unless the
Local Governmental Body has not received a response from DOER within ten
Business Days of receipt.
(5)
Publication of
RFQ. A Local Governmental Body may only publish an RFQ for EMS if
the RFQ process is in compliance with
225 CMR 19.00. Such
publication of an RFQ 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
statements of qualifications publicly, in the presence of two or more
witnesses, at the time specified in the RFQ, and shall be available for public
inspection.
(b)
Response Evaluation. A Local Governmental Body shall
evaluate each statement of qualifications and award each contract based solely
on the criteria set forth in the RFQ. Unless no other manner of description
suffices, and the Local Governmental Body so determines in writing, the
requirements for a basis of determination may not result in exclusively
requiring a proprietary supply or service, or procurement from a sole source.
Response evaluation criteria shall include, but not be limited to, the
following:
1. references of other Energy
Savings contracts performed;
2. the
Certificate of Eligibility and Update Statement;
3. quality of the products
proposed;
4. methodology of
determining Energy Savings;
5.
general reputation and performance capabilities including responsiveness and
responsibility;
6. substantial
conformity with the specifications and other conditions set forth in the
RFQ;
7. time specified in the RFQ
for the performance of the contract; and
8. any other factors the Local Governmental
Body considers reasonable and appropriate, which factors shall be made a matter
of record.
The Local Governmental Body shall conduct discussions with, and
may require public presentations by, each person who submitted qualifications
in response to the RFQ regarding his qualifications, approach to the project
and ability to furnish the required services. The Local Governmental Body shall
select in order of preference three such persons, unless fewer persons respond,
it considers to be the most highly qualified to perform the required services.
The Local Governmental Body may request, accept and consider statements of
qualifications for the compensation to be paid under the contract only during
competitive negotiations conducted under
225 CMR
19.05(1).
