Contract Negotiation and Award

(1) Contract Negotiation. The Local Governmental Body shall negotiate a contract with the most qualified person at compensation which it determines is fair, competitive, and reasonable. If the Local Governmental Body is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the Local Governmental Body determines to be fair, competitive and reasonable, negotiations with that person shall be formally terminated. The Local Governmental Body shall then undertake negotiations with the second most qualified person. Failing accord with the second most qualified person, the Local Governmental Body shall terminate those negotiations and then undertake negotiations with the third most qualified person. Should the Local Governmental Body be unable to negotiate a satisfactory contract with any of the selected persons, it may select additional qualified providers who responded to the RFQ, in the order of their competence and qualification, and continue negotiations in accordance with 225 CMR 19.05(1) until either an agreement is reached or the Local Governmental Body cancels the RFQ. (2) Contract Award. (a) A Local Governmental Body shall only award a contract for EMS if all the requirements of 225 CMR 19.00 have been met. At least 15 Business Days prior to execution of an EMS contract, the Local Governmental Body shall file with DOER a final copy of the contract along with DOER's EMS Annual Report with projected energy and water cost savings estimates. Within 15 Business Days after the contract is executed, the Local Governmental Body shall file an electronic copy of the executed contract with the Commissioner of DOER under the terms of the DOER EMS Contract Submission Guideline, available on the DOER website at www.mass.gov/doer. (b) The Local Governmental Body shall provide public notice of the meeting at which it proposes to award the EMS contract, of the name of the parties to the proposed contract and of the purpose of the contract. The public notice shall be made at least ten days before the meeting. The Local Governmental Body shall promptly publish in the Central Register notice of the award and shall provide the Commissioner with notice of the award and a copy of the EMS contract. (c) Before entering into a contract for EMS, the Local Governmental Body shall require the Responsive Offeror to file with the Local Governmental Body payment and performance bonds for construction and installation of Energy Conservation Measures and Energy Conservation Projects in an amount equal to 100% of the estimated contract value from a surety company licensed to do business in the commonwealth and whose name appears on United States TreasuryDepartment Circular 570 administered by the Financial Management Service.