Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS
Section 19.06 - Contract Terms
Current through Register 1531, September 27, 2024
The EMS contract shall conform to the terms included in the RFQ, utilize the terms and conditions set forth in Guidelines established by DOER, and conform to other terms required by law and by the Local Governmental Body. The Contract shall include, but not be limited to, the following provisions:
(1) A description of:
Such description shall include the cost of each measure or unit, the Energy Savings, or in the case of On-site Energy Generation, the energy to be generated, and the method to be used to measure and verify said Energy Savings or energy generated that conform to the most recent standards established by the FEMP of the United States Department of Energy;
(2) All services and to be provided by the Contractor and the associated costs, including but not limited to, operation and maintenance services, measurement and verification services, and costs thereof, if applicable;
(3) The payment terms;
(4) The fixed Guaranteed Maximum Cost;
(5) The fixed minimum Guarantee of Savings or in the case of On-site Energy Generation the Guarantee of Generation, measured in the appropriate unit of energy when compared with an Established Baseline of previous fuel, energy, water and operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed;
(6) The method to make the Local Governmental Body whole in the case of Guaranteed Savings or Generation shortfall, to be determined annually; and
(7) A written guarantee of the Contractor that either the amount of Energy Savings guaranteed shall be achieved or the Contractor shall reimburse the Local Governmental Body for the shortfall amount. Methods for measurement and verification of Energy Savings shall conform to the most recent standards established by the FEMP of the United States Department of Energy.
Payments under a contract for EMS may be based in whole or in part on any cost savings attributable to a reduction in energy and water consumption due to the Contractor's performance or revenues gained due to the Contractor's services which are aimed at energy and water cost savings.
