Request for Proposals

(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.