Vermont-VEIC Contract for EEU
ATTACHMENT I
SCOPE OF WORK 2003-2006
This Attachment provides the scope of work that the Contractor will perform for the period of
January 1, 2003 through May 1, 2006. Except where specifically detailed below all provisions of
this Attachment take effect on January 1, 2003. The only Work that the Contractor will perform
after December 31, 2005 will be:
 The production of the monthly report for December 2005 (as described in Paragraph
I.E.6.a below);
 The production of, and any required revisions to, the 2005 Annual Report (as described in
Paragraph I.E.6.c below);
 The 2005 savings verification (as described in Paragraph V.A.4.a of Attachment K); and
 Transition assistance if the Contractor is not chosen to continue to operate the EEU after
December 31, 2005 (as described in Paragraph II.P below).
Contractor shall perform the following duties and functions established by the Board for the
EEU in the manner described below. Contractor shall be subject to Board oversight and control
in the performance of the duties and functions set forth in this Attachment.
Introduction
The Contractor shall exercise substantial responsibility and initiative to ensure that the
State’s energy efficiency policies and objectives are accomplished: (1) achieve the maximum
magnitude of societal net benefits while acquiring comprehensive cost-effective electric
efficiency savings; (2) respond appropriately to markets in order to increase the level of and
comprehensiveness of energy efficiency services to Vermonters; (3) effectively capture
potential “lost opportunity” markets; and (4) strive for distributional equity across customer
classes and geographic regions.
The Contractor shall also interact with members of the public and numerous other
organizations including State Agencies, the Vermont electric utilities, the Vermont
Legislature, and national, regional, and local energy efficiency organizations. Nothing in this
contract shall limit the Board’s authority to conduct proceedings under, or to implement, 30
V.S.A. § 209(d), as interpreted by the Board in the Order and any subsequent orders.
The specific duties to be performed by the Contractor are grouped into two major tasks and
are described in detail in the remaining two sections of this Attachment: (1) General
Administration and, (2) Services and Initiatives. This Attachment includes references to
specific portions of the MOU, the Order, and the RFP, when appropriate.
I. General Administration
The Contractor is responsible for the maintenance, ongoing development and monitoring of
its own management and operational systems, including: (1) general project management; (2)
budgeting; (3) financial management; (4) contract management; (5) dispute resolution; and
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(6) information technology system management and data collection. The Contractor shall
maintain and enhance as it deems appropriate a management reporting system that enables its
management to ensure proper control over its operational activities and strategic direction
and facilitates the preparation of required reports and evaluation of its performance as the
EEU.
A. Budgeting
The Contractor shall develop, monitor and manage the overall budget for its operation.
The Contractor shall manage the budget for the period of 1/1/2003 through 12/31/2005
(as detailed in Attachments J and N) as a three-year budget. In order to plan, manage and
report on progress over the course of the contract, the Contractor will also develop, and
may revise over time, forecasts of costs expected to be incurred in each quarter and each
year of the contract. Such cost forecasts shall not be subject to Board approval and will
be submitted to the Board only to provide the Board with detailed information on the
Contractor’s progress and ongoing expected costs. On or before November 1 in years
2003 and 2004, the Contractor shall submit the latest available costs for the current year
and provide an updated forecast of future annual costs for the balance of the contract.
This report shall be provided to the Board, the DPS, the Contract Administrator, the
Fiscal Agent, and the EEU Advisory Committee. Budget and forecast categories, and the
detail of breakdown shall be at a minimum, the same as those used in the budget per
Attachment N.
B. Financial Management
The Contractor shall maintain the necessary budgeting, invoicing, expenditure approval,
payroll, and financial accounting systems to review, approve, and track budgets, invoices
and payments to subcontractors, program implementers, employees, and, in some cases,
customers. The Contractor shall maintain financial and accounting records consistent
with Section III.C.6.d of the RFP and with Generally Accepted Accounting Principles
consistently applied. The Contractor shall provide information and documentation
required for an OMB A-133 audit, which the Contractor shall have performed on an
annual basis.
C. Contract Management
The Contractor shall solicit, hire and/or contract with all necessary staff and
subcontractors to perform effectively the Work. The Contractor shall maintain the
administrative capability to manage these resources, ensure the completion of each task
and sub-task effectively, and ensure that subcontractors are compensated in a timely
manner.
D. Dispute Resolution Process
In conjunction with the Contract Administrator and the Director of the Consumer Affairs
and Public Information Division at the DPS, the Contractor shall maintain protocols for
addressing and resolving complaints concerning performance of its responsibilities from
customers and stakeholders such as electric utilities, subcontractors, and trade allies.
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E. Information Technology, Data Collection, Reporting
The Contractor shall maintain and enhance, as it deems necessary and/or appropriate, an
information management system that meets the specifications, reporting and monitoring
tasks outlined in the RFP. Information in this system includes, but is not limited to,
tracking data on customers, trade allies, service activity, projects, measures, costs and
savings. The system will continue to have the ability to produce ad hoc reports for
occasional information requests from the Board, the DPS, the Contract Administrator and
the Fiscal Agent.
1. Manage Customer-Specific and Competitively-Sensitive Information
The Contractor shall maintain systems that provide appropriate protections in the
collection, processing, storage and retrieval of information that is customer-specific or
could otherwise provide an unfair competitive advantage to an entity delivering
services outside of the energy efficiency services approved by the Board for EEU
implementation. The Contractor shall be responsible for managing such systems and,
when appropriate, for providing the information to its employees, subcontractors,
regulators, and distribution utilities. Any subcontractors given such information shall
also protect its confidentiality and shall agree in their contract(s) with the Contractor
(1) to abide by the guidelines to be developed pursuant to the following paragraph,
and (2) not to provide any confidential information to affiliates not directly involved
with EEU activities. The Contractor shall submit to the Contract Administrator for
approval, by 12/1/2002, a written copy of the internal procedures it currently uses and
proposes to be in effect as of January 1, 2003. Any substantive changes made to these
procedures during the period of January 1, 2003 through December 31, 2005 shall be
submitted in writing to the Contract Administrator for approval prior to
implementation.
Regardless of whether the Contractor follows its system for managing confidential
information, the Contractor is solely responsible for the intentional or accidental
release of any confidential information. The Contractor agrees to indemnify the
Board and the State for any claims resulting from the release of any confidential
information.
2. Data Collection
The Contractor shall collect and electronically compile data that is: (1) directly
related to its energy service implementation activities; (2) easily obtainable by the
Contractor as part of its routine implementation activities; and (3) needed to monitor,
assess, and evaluate its performance, to report on its activities, and to improve the
design and delivery of services. Data from distribution utilities, subcontractors and
employees shall be collected and stored electronically in a consistent format in the
following categories:
 Customer/Client Data;
 Customer Usage Data;
 Measures and Services Data;
 Trade Ally Data;
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

Distribution Utility Account Data; and
Other Data for Market Assessment and Evaluation Purposes.
The Contractor shall make this information available to the Board, the DPS staff and
any independent evaluation firms under contract to the Board or the DPS, subject to
the confidentiality procedures outlined in Paragraph I.E.1.
The Contractor shall coordinate, manage and secure all such data per the above list
that it needs to obtain from the distribution utilities. If a distribution utility is not
responsive to a data request from the Contractor after a reasonable period of time,
then the Contractor may ask the Contract Administrator to resolve the dispute, or if
unresolved, to bring the dispute to the attention of the Board.
The parties agree that this paragraph is not intended to require the Contractor to
secure data from distribution utilities that fail to respond to such request for data.
3. Distribution Utility Planning and Ratemaking Support Data
The Contractor shall continue to gather particular data elements for use by the
distribution utilities for their own planning and ratemaking purposes as stated
explicitly in the MOU (Paragraphs 8 and 9). The Contractor shall provide this data in
the same format and frequency that it did in Year 2002 (and detailed in Attachment
P). Any changes to these formats will only be undertaken if such changes are
mutually acceptable to the Contractor and distribution utilities. Consistent with
Paragraph 39 of the MOU, and upon request, the Contractor shall provide distribution
utilities with reasonable estimates of electricity savings resulting from EEU
operations, including information or assumptions the Contractor collects or develops
as a matter of course in its normal business activities. As stated in Paragraph 39 of
the MOU: "The information to be provided under this paragraph shall be limited to
information created or maintained by the EEU in the ordinary course of business.
This paragraph does not create an obligation of the EEU to create information
specifically for a [distribution utility]."
4. Administrative and Financial Data
The Contractor shall keep records of administrative and financial data consistent with
the needs outlined in the RFP and with Generally Accepted Accounting Principles
consistently applied as defined by both the Governmental Accounting Standards
Board and the Financial Accounting Standards Board. This includes systems to track
general project management, invoicing, payroll and subcontractor payments, and to
produce the necessary reports for monitoring these duties. The DPS and the Contract
Administrator shall be provided access to this data as mutually agreed to by the DPS,
the Contractor and the Contract Administrator.
5. Data System Documentation/User's Manual
The Contractor shall maintain, and update as necessary, the documentation of the
Customized Software used for data tracking and reporting. The Contractor shall
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provide the Contract Administrator and the DPS with any substantive changes to this
data system documentation.
6. Required Reports
The Contractor shall prepare and submit Monthly, Quarterly and Annual Reports as
described below. The Contractor will work with the Board, the DPS and Contract
Administrator to identify and assess changes that might better satisfy the needs of the
Board, the Contract Administrator, the Fiscal Agent, the DPS, and the EEU Advisory
Committee, simplify or clarify the presentation of information, and/or lower the costs
of reporting. Proposed changes shall be submitted to the Contract Administrator for
approval, who shall make a determination about such changes with advice from the
DPS and, as appropriate, other interested parties.
a. Monthly Reports
The Contractor shall prepare and submit Monthly Reports to the Board, the
Contract Administrator, the Fiscal Agent, the DPS, and the EEU Advisory
Committee. These reports shall include: (1) actual expenditures for
administrative, information technology and service delivery costs compared to the
annual component of the approved three-year budgets and (2) MWh savings
estimates.
Monthly Reports shall be submitted for February, April, May, July, August,
October, November, and December of Years 2003, 2004 and 2005.
b. Quarterly Reports
The Contractor shall prepare and submit Quarterly Reports to the Board, the
Contract Administrator, the Fiscal Agent, the DPS, and the EEU Advisory
Committee. Quarterly Reports shall be submitted for the following time periods:
 1/1/2003 through 3/31/2003
 4/1/2003 through 6/30/2003
 7/1/2003 through 9/31/2003



1/1/2004 through 3/31/2004
4/1/2004 through 6/30/2004
7/1/2004 through 9/31/2004



1/1/2005 through 3/31/2005
4/1/2005 through 6/30/2005
7/1/2005 through 9/31/2005
Given that an Annual Report will be submitted after the end of each calendar year
a Monthly Report will be submitted for the periods ending 12/31/2003,
12/31/2004, and 12/31/2005 in lieu of a Quarterly Report.
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Quarterly Reports shall include: (1) actual expenditures for administrative,
information technology, and service delivery costs compared to the annual
component of the approved three-year budgets; (2) committed customer incentive
payments as evidenced by a signed incentive contract that specifies that a future
incentive payment will be made to an EEU customer for energy efficiency
measures; (3) report of progress made towards achieving savings targets, and
other agreed-upon indicators of performance; (4) a summary of activity highlights
for the quarter; and (5) a summary of any significant changes or anticipated
changes in implementation strategies and services.
Quarterly Reports shall also include information (when such information is made
available to the Contractor by EEU customers) on the degree of leveraging
(including customer contributions and grant funds) achieved by the Contractor.
c. Annual Reports
The Contractor shall prepare and submit Annual Reports to the Board, the
Contract Administrator, the Fiscal Agent, the DPS, the EEU Advisory
Committee, and all distribution utilities. As in past years, this is expected to be
combined with the Contractor’s annual savings claim (see Attachment K).
An Annual Report will be submitted for Years 2003, 2004 and 2005.
If the Contractor is not chosen as the entity to continue to operate the EEU after
December 31, 2005 then the process for producing the annual report for Year
2005 and the associated annual savings verifications process called for in
Attachment K shall be in accordance with the following schedule:
 The 2005 Annual Report, including the Contractor’s savings claim shall
be submitted by March 1, 2006.
 The Board, the Contract Administrator, and the DPS agree to complete the
savings verification process by March 31, 2006.
 A revised 2005 Annual Report that includes any changes made as a result
of the savings verification process shall be submitted by May 1, 2006.
Annual Reports will include: (1) actual expenditures for administrative,
information technology and service delivery costs compared to the annual
component of the approved three-year budgets; (2) committed customer incentive
payments as evidenced by a signed incentive contract that specifies that a future
incentive payment will be made to an EEU customer for energy efficiency
measures; (3) a summary of progress and highlights for the year, including any
significant changes in strategies or services and Indirect Savings Acquisition
Activities; (4) report of progress toward achieving savings targets, and other
agreed-upon indicators of performance; (5) the annual savings claim, with
adequate supporting data to meet the requirements of the Board for verification by
the DPS.
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d. Occasional Reports to Distribution Utilities
The Contractor shall provide information to individual distribution utilities for
planning and rate regulation purposes consistent with Paragraphs 9 and 39 of the
MOU. This information is described in more detail in Sections III.C.6.c and IV.E
of the RFP. The Contractor shall provide these reports in the same format and
frequency that is used in Year 2002 (and detailed in Attachment P). Any changes
to these formats will only be undertaken if such changes are mutually acceptable
to the Contractor and distribution utilities. The Contractor understands that this
information will not be provided to distribution utilities more frequently than
quarterly. As stated in Paragraph 39 of the MOU: "The information to be provided
under this paragraph shall be limited to information created or maintained by the
EEU in the ordinary course of business. This paragraph does not create an
obligation of the EEU to create information specifically for a [distribution
utility]."
7. Information Requests
The Contractor shall respond in a timely and complete manner to any information
requests regarding budgets, expenditures, savings, and activities submitted by the
Board, the Contract Administrator, the Fiscal Agent, the DPS, and to reasonable
requests from the Chairperson of the EEU Advisory Committee.
The Contractor shall also respond in a timely and complete manner to any
information requests submitted by members of the Vermont Legislature or legislative
staff, including providing legislative testimony on EEU-related activities or energy
issues when requested. When providing legislative testimony, the Contractor shall
follow the guidelines contained in Paragraph 22 of the main body of this Agreement.
When providing a written response to a legislative inquiry, the Contractor shall
provide the Contract Administrator with a copy of the response.
II.
Services and Initiatives
The Contractor shall manage, oversee, implement, and modify as necessary a range of
energy efficiency service offerings and activities to accomplish the goals of the EEU, (a)
as stated in the Order, (b) as detailed in the MOU and (c) as further specified in this
Agreement, including the specific performance goals for the period of 1/1/03 to 12/31/05
specified in Attachment K.
A. Markets, Services and Initiatives
The initial definition of Core Programs to be implemented was set forth in the MOU.
Over the first three years of this Agreement, the Board approved certain changes in both
program names and the types of activities and customer groups addressed by each
program. The Core Programs approved for implementation through the end of 2002
under the Board-approved Annual Plan for 2002 are:
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Business Sector
1. Commercial Energy Opportunities Program
2. Customer Credit Program
3. Low-Income Multifamily Program
4. Commercial Industrial Emerging Markets Initiatives
Residential Sector
1. Residential New Construction Program
2. Efficient Products Program
3. Low Income Single Family Program
4. Residential Emerging Markets Initiatives
A description and discussion of strategies, program services, implementation highlights
and program enhancements is provided in the Board-approved Annual Plan for 2002
(Attachment Q).
For the period of 1/1/2003 through 12/31/2005, the Contractor will continue to
implement energy efficiency services and activities that address these same Core
Program markets, consistent with the Order and the MOU. At the outset, the strategies,
program service offerings and other initiatives will be a continuation of those conducted
in 2002. The Contractor will continue to make enhancements to market strategies,
offerings and initiatives based on new information, new opportunities, and the lessons of
experience. The Contractor shall inform the Contract Administrator and the DPS of any
substantive changes to services and initiatives, including a description of the change and
the proposed effective date of the change.
The Contractor will submit an Annual Plan for 2003 to the Board no later than
November 20, 2002. This Annual Plan will contain the Contractor’s proposals regarding
market strategies, service enhancements and new initiatives for 2003. Until the 2003
Annual Plan is approved by the Board the Contractor will continue to provide services
per the Board-approved Annual Plan for 2002 (Attachment Q) and expenditures will be
in compliance with the budget presented in Attachment N.
Not withstanding the above, effective 1/1/03 the Contractor’s core market energy
efficiency services and initiatives will be reorganized and re-named as follows:
Business Sector
1. Business New Construction
2. Business Existing Facilities
3. Customer Credit
4. Commercial and Industrial Emerging Markets
Residential Sector
1. Residential New Construction
2. Residential Existing Buildings
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3. Energy Efficient Products
4. Residential Emerging Markets
This re-configuration is intended to:
 align the Contractor’s activities more closely with customer needs;
 reflect a more useful segmentation of markets for service delivery, reporting
and market assessment purposes;
 facilitate coordination between current program offerings; and
 align the Contractor’s Work more closely with internal management structure
and staff capabilities.
i) For Customer Credit, Residential New Construction, and Energy Efficient Products,
no major change in the market served or scope of services is anticipated from 2002 to
2003. Only the nomenclature is changed to better reflect the organization of activities
based on serving customer markets with “services” rather than offering “programs.”
ii) The 2003 “Business New Construction” service will be comprised of services
provided under the new construction component of the 2002 “Commercial Energy
Opportunities” program, the new construction component of the 2002 “Low-Income
Multifamily” program, and the multifamily services of the 2002 “Residential New
Construction” program.
iii) The newly defined “Business Existing Facilities” service will provide the equipment
replacement component of the 2002 Commercial Energy Opportunities” program, the
“Large Commercial Retrofit” component of the 2002 “Commercial and Industrial
Emerging Markets” program, and the retrofit, renovation and equipment replacement
services provided under the 2002 “Low Income Multifamily” program and for other
multifamily rental properties operated under a business model. Services for lowincome multifamily housing will continue to be tailored to overcome the barriers to
participation in this market sector and will continue to be tracked separately.
iv) The newly defined “Residential Existing Buildings” service shall provide the
“Targeted High Use” component of the 2002 “Residential Emerging Markets
Initiatives” and the services provided under the 2002 “Low Income Single Family”
program. Services for low-income participants will continue to be tailored to
overcome the special barriers to participation in this market sector and will continue
to be tracked separately.
v) The “Commercial and Industrial Emerging Markets” and “Residential Emerging
Markets” initiatives shall no longer include delivery of the retrofit services specified
in iii) and iv) above, but shall continue to include a range of research, development,
demonstration and other activities including those based on new technologies, new
service delivery concepts, and potential niche market services.
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More detail on the specific activities and initiatives the Contractor proposes to implement
in 2003 will be contained in the 2003 Annual Plan, to be submitted to the Board by
November 20, 2002.
B. Annual Plan
The Contractor shall prepare and submit an Annual Plan for Year 2003 by November 20,
2002; for Year 2004 by November 1, 2003; and for Year 2005 by November 1, 2004. In
these Plans, the Contractor will summarize market intervention strategies, service
offerings, emerging markets initiatives and other planned implementation activities for
the coming year. These components will be presented as part of an integrated market
strategy for each of the two primary market sectors: Business and Residential. These
plans will be developed in consultation with the DPS and the EEU Advisory Committee.
In developing these Annual Plans, the Contractor will also make full use of the following
information:
 Reports from the EEU market assessment and evaluation activities undertaken by
the DPS;
 The Contractor’s formal Quality Assurance system (including participant
satisfaction/feedback records);
 Feedback from subcontractors;
 Ongoing, informal feedback from individual participants;
 Ongoing solicited and unsolicited input from business, professional and trade
associations, trade allies, and other groups that Efficiency Vermont interacts with
over the year; and
 The Contractor’s knowledge of regional and national information regarding
energy efficiency technologies and opportunities, program experience and
evaluation results.
The 2004 and 2005 Annual Plans shall include any request from the Contractor for reallocation of funds between the Business Sector and the Residential Sector. The Annual
Plan will also include, if needed, a request for permission to carry over unused
Contractor EEC Funds from one year to the next, as required per Attachment J.
Any major changes to be made between Annual Plan filings shall be included as part of
Quarterly Reports to the Board specified in Paragraph I.E.6.b of this Attachment.
C. Coordinate EEU Service Delivery with BED
The Contractor will make every reasonable effort to coordinate EEU statewide energy
efficiency services and initiatives with BED’s self-administration of core market services
within BED service territory, consistent with the Board’s August 1, 2002 “Decision in re:
Report of the Department of Public Service to the Board on Vermont’s Energy Efficiency
Utility” (pp. 5-7); the Board’s Orders in Docket 5980; and the MOU. The Contractor
will work to develop a coordination agreement with BED for 2003-2005, to be submitted
to the Contract Administrator no later than December 31, 2002. The Contractor will also
attempt to negotiate a cost-sharing agreement with BED which recognizes (1) that parallel
or overlapping efforts may be more efficiently and economically performed by either
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BED or the Contractor on behalf of both entities, and (2) that many services and activities
that the Contractor necessarily provides on a statewide basis fulfill or reduce certain of
BED’s obligations related to delivery of EEU services in BED service territory. This costsharing agreement between the Contractor and BED will provide a mechanism for fair
exchange of compensation for EEU services among the two entities.
Any disputes between the Contractor and BED regarding the coordination efforts or
compensation detailed above shall be mediated by the Contract Administrator. If the
Contract Administrator cannot settle such a dispute, then the dispute shall be submitted to
the Board for a final and binding decision.
D. Coordinate Delivery of the EEU’s Residential New Construction Services with WEC
in WEC’s Service Territory
The Contractor will coordinate delivery of the statewide residential new construction
services in WEC’s service territory consistent with the Board’s August 1, 2002 “Decision
in re: Report of the Department of Public Service to the Board on Vermont’s Energy
Efficiency Utility”. As per that Decision (p. 10), “the Residential New Construction
program will be delivered in WEC’s service territory by Efficiency Vermont [the EEU] in
coordination with WEC. Coordination will be primarily related to branding,
accommodating program design differences created by the energy assessment tariff, and
member service.” The Contractor will attempt to work with WEC to develop a plan for
services to be offered in WEC’s service territory for 2003-2005, consistent with the
Board’s August 1, 2002 Memorandum. The intent will be to reach a full resolution
before December 1, 2002. In addition, the Contractor shall work to develop a contractual
agreement with WEC regarding such coordination, to be executed no later than December
31, 2002. Such a contractual agreement will include details regarding any responsibilities
and compensation by the Contractor to WEC for services delegated to WEC by the
Contractor for the delivery of Residential New Construction services in WEC’s service
territory. This contractual agreement shall also contain a provision for compensation due
to the Contractor by WEC for any Residential New Construction services that the
Contractor delivers in WEC’s service territory that are over and above the services that
are delivered on a statewide basis.
Any disputes between the Contractor and WEC regarding the coordination efforts
detailed above shall be mediated by the Contract Administrator. If the Contract
Administrator cannot settle such a dispute, then the dispute shall be submitted to the
Board for a final and binding decision.
E. Manage Subcontractors and Implementers
The Contractor shall solicit, select, hire and oversee employees and subcontractors to
perform energy efficiency implementation services, and develop methods for managing
the performance and compensation of program implementers. The Contractor shall
review, approve if appropriate, and pay subcontractor, implementer, and program
expenses in a timely manner.
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F. Quality Assurance
The Contractor shall maintain quality assurance procedures, ensuring that both direct
employees and subcontractors apply the quality assurance standards and methods set forth
by the Contractor in a written Quality Assurance Plan, copies of which shall be provided
to the Board, the Contract Administrator and the DPS. Any substantive changes to the
Quality Assurance Plan will be provided to the Board, the Contract Administrator and
the DPS. The Quality Assurance Plan shall include the dates for submission of Quality
Assurance Reports.
G. Coordinate With Other Energy Efficiency Activities
The Contractor shall coordinate its EEU activities with those of state, regional and
national energy efficiency efforts, including (1) the Department of Energy/Environmental
Protection Agency Energy Star Program; (2) Northeast Energy Efficiency Partnerships;
(3) the Vermont Weatherization Assistance Program; (4) the School Energy Management
Program of the Vermont Superintendents' Association; and (5) the Act 250 process (10
V.S.A. §§ 6081-6092). Other state, regional or national initiatives or organizations may
emerge in the future; the Contractor shall be expected to evaluate the potential benefits of
those efforts and coordinate with and participate in them in a manner that is consistent
with the EEU’s mission and the State’s policy objectives for energy efficiency.
H. Technical Assistance and Educational Support for Energy Code Activities
The Contractor will provide technical support and training regarding the Residential
Building Energy Standards (RBES) and the Commercial Building Energy Standards
(CBES). Any support activities that are funded by Contractor EEC Funds will be
described in the Annual Plan. The anticipated support includes, but is not limited to:
 Direct technical assistance, including a telephone “hot line”;
 Development, production and delivery of educational materials; and
 Development and delivery of workshops and professional training.
The Contractor will provide technical support, but will not be responsible for RBES or
CBES activities that require the development of new provisions for the energy code,
legislative advocacy regarding adoption of new or updated energy codes, or the
evaluation of energy code activities.
I. Coordinate With Distribution Utilities
The Contractor shall coordinate with distribution utilities on energy efficiency programs
implemented by distribution utilities on their own behalf (e.g., voluntary system-wide
programs provided by a distribution utility in its own service territory, or a
geographically-targeted Distributed Utility Planning effort that utilities are required to
undertake under the terms of the MOU). The Contractor shall also coordinate with
distribution utilities to determine whether power quality and power factor may be affected
in situations in which the application of programs or program technologies might have a
significant material impact on the integrity of a distribution utility’s transmission and
distribution system or a customer's facility. If problems are identified, the Contractor
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shall cooperate with the affected distribution utility and/or customer to resolve the
problem.
J. Marketing, Public Information, and Education
The Contractor shall implement marketing, public education and consumer information
activities as part of a strategy to (1) promote customer participation in and market
awareness of EEU services, (2) increase consumer awareness and understanding of the
benefits of energy efficiency, (3) increase consumer demand for energy efficient products
and services, and (4) affect consumer decision-making in consumer-driven energy
efficiency choices. At a minimum, the Contractor will provide: (1) a toll-free number as
described in 30 V.S.A. § 209(d)(3); (2) a web page describing services available to
customers; (3) effective customer response and referral procedures; and (4) a system for
tracking, addressing and resolving customer complaints promptly.
The Contractor will also develop and implement energy education and technical training
services and initiatives, including cooperative activities with Vermont educational
institutions, vocational training, and continuing education.
K. Develop Independent Funding Sources
The Contractor will, to the best of its ability, facilitate the development of, and/or
develop, independent energy efficiency funding mechanisms that leverage non-EEU
funds (such as grant funds). The Contractor shall develop mechanisms to help overcome
lack of customer access to financing for efficiency investments so that customer
contributions to measure costs can be maximized consistent with the Board’s principles
of sound program design.
L. Cost-Effectiveness Screening
When assessing the cost-effectiveness of efficiency measures, the Contractor shall utilize
the Societal Test as described by the Board in its April 16, 1990 Order in Docket No.
5270. The Contractor shall use statewide cost-effectiveness screening tools provided by
the DPS in its planning and implementation activities. The Contractor shall use the
externality values approved by the Board (currently 0.7 cents/kwh). The Contractor shall
incorporate into its screening tools any new avoided costs and externality adjustments
approved by the Board, but will not be responsible for development, maintenance,
distribution or support of statewide cost-effectiveness screening tools other than for the
Contractor’s own use and convenience in carrying out this Agreement.
The Contractor is required to keep current documentation on all measure and program
assumptions. Changes to existing measure characterizations and program assumptions,
and all assumptions for new measures and programs, shall be coordinated with the DPS.
All changes shall be documented in the Technical Reference Manual, including the basis
for the new assumption. The Technical Reference Manual will be provided annually to
the Board, DPS and the Contract Administrator. Any substantive changes in the TRM
will be provided on an ongoing basis to the Board, DPS and the Contract Administrator.
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Vermont-VEIC Contract for EEU
M. Support for Resource Planning, Market Assessment and Evaluation Activities
The Contractor has primary responsibility, unless otherwise directed by the Board, for
determining whether and to what extent it will collect, compile, and assess information on
the characteristics and current status of markets targeted by current strategies and markets
that are potential targets for new strategies and service offerings. This information may
include changes or expected changes in these markets, opportunities for emerging energy
efficiency technologies and practices, and the status and progress of EEU-funded
programs in capturing the potential for cost-effective energy savings. The Contractor’s
responsibilities with respect to collecting information related to market transformation
effects shall be limited to data about its efforts (e.g., the Contractor will collect
information about its installations, but is not responsible, for example, for collecting
information about awareness of new energy efficient technologies among Vermont
residents).
The Contractor shall provide data and information collected under this Paragraph and
Paragraph I.E.2 of this Attachment to support the DPS’s demand-side management
resource planning and evaluation activities, in particular, the DPS’s obligation to conduct
EEU program evaluation (MOU, Paragraph 11) and the DPS’s evaluation of the
Contractor’s performance, market conditions, and available demand-side management
potential. The Contractor shall also cooperate to the best of its ability and within its
budget constraints in the identification and prioritization of information needs, the
exchange of information, and the timing of Work products with the Board and DPS staff
as necessary to effectuate strategic planning, multi-year program planning and budgeting,
market assessment, and program evaluation.
N. Distributed Utility Planning
Vermont electric utilities may request the services of the EEU in certain cases for
implementation of their obligations for particular strategic retrofit programs (See Section
III.D.8 of the RFP). In the event of such a request the Contractor would be required to
enter a bid, and, if selected, act as a contractor directly to the electric utility to deliver
electric efficiency services provided such efforts will not substantially detract from
Contractor’s ability to deliver its core services pursuant to this Agreement. In accordance
with Paragraphs 38, 40, and 41 of the MOU, the Contractor will receive compensation
directly from the requesting utility for the development of its proposal to perform these
services, and separate compensation from utilities for any services so provided under the
terms of such contracts.
Any disputes between the Contractor and any distribution utility regarding distributed
utility planning as detailed in this paragraph shall be mediated by the Contract
Administrator. If the Contract Administrator cannot settle such a dispute, then the
dispute shall be submitted to the Board for a final and binding decision.
O. Limitations on Performance Contracting and Loan Guarantees
If the Contractor or any of its subcontractors advises a customer to use performance
contracting and the Contractor or its subcontractor desires to bid for that contract, the
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Vermont-VEIC Contract for EEU
Contractor or its subcontractor shall notify the Contract Administrator in advance of
submitting a bid. The Contract Administrator may contact the customer and/or use other
mechanisms to ensure that the Contractor’s role as the EEU or its subcontractor’s
relationship with the EEU does not give either of them an unfair advantage in the bidding
process.
The Contractor may not itself guarantee, nor pledge any EEU funds to guarantee, any
loans obtained by customers to finance energy efficiency projects that are part of the
Work without the prior approval of the Board. The Contractor may work to identify
other organizations or agencies that are willing to guarantee such loans.
P. Transition
If the EEU's role is terminated or transferred to another entity on any future date, the
Contractor shall use best efforts to cooperate in all reasonable ways with, and assist, any
such transition process so as to best effectuate the purposes of 30 V.S.A. § 209 and the
Order. This obligation shall include, without limitation, the sharing and transfer of data,
and the transfer, via licensing agreement, of Customized Software (see Paragraphs 9 and
19 of the main body of this Agreement). This obligation will not include serving as the
EEU after December 31, 2005.
As requested by the Board, the Contractor shall provide any information collected in its
ordinary course of business for the Board’s use in developing future request for proposals
for EEU services or for use in determining the amount of the EEC.
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