State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
REQUEST FOR PROPOSALS
for Energy Performance Contracting Services
for
[Agency]
TABLE OF CONTENTS
RFP: Instructions and Administrative Information
ATTACHMENTS
Attachment A:
Special Contract Terms and Conditions
Attachment B:
Proposed Project Schedule
Attachment C:
ESCO Response
Attachment D:
Evaluation Criteria
Attachment E:
Technical Facility Profile
Attachment F:
Model Investment-Grade Energy Audit and Project Proposal Contract
Attachment G:
Model Guaranteed Utility Savings Contract
Attachment H:
Financing Bid Package
Attachment I:
ESCO Application for EMNRD Certification
Attachment J:
Other
This could include legislation statutes that apply to energy savings performance contracting,
executive orders related to energy efficiency, etc.
1
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
1. Overview and Background
[Agency]
[Note: include complete name of Governmental Unit that would issue a contract]
(hereinafter referred to as Agency) seeks proposals from Energy Services Companies (ESCOs) to
conduct an Investment-Grade Energy Audit of facilities and implement a Guaranteed Utility Savings
Contract. The selected ESCO will identify and implement building upgrades to reduce utilities and
related costs in facilities, such that the resulting annual cost avoidance is applied to annual payments
for upgrades.
ESCOs are notified that certifications will be required, pursuant to New Mexico Statutes Annotated
(NMSA 1978), 6-23-5. Approval of Guaranteed Utility Savings Contracts shall be given upon:
 certification by the Energy, Minerals and Natural Resources Department (EMNRD) that the
Qualified Provider of energy conservation measures meets the experience requirements set by
the Department and the guaranteed energy savings from the energy conservation measures
proposed appear to be accurately estimated and reasonable; and
 certification by the Office of the State Engineer that the Qualified Provider of water
conservation measures meets the experience requirements set by that Office and the guaranteed
water savings from the water conservation measures proposed appear to be accurately
estimated and reasonable.
The scope of work includes:
 Investment-Grade Energy Audit and Project Proposal: A contract for the Investment-Grade
Energy Audit will be developed with the selected ESCO. This Investment-Grade Energy Audit
will identify and evaluate energy conservation measures and define the proposed project scope,
cost, savings and cash-flow over the proposed financing term. A project proposal will present
recommended energy conservation measures that can be financed through guaranteed utility
savings and a measurement and verification plan to verify savings for each measure
 Implementation, Commissioning, and Financing: A Guaranteed Utility Savings Contract will be
negotiated following the Investment-Grade Energy Audit. This establishes the project scope and
costs, and provides for implementation, as well as follow-up measurement and verification
(M&V) services to be provided during the financing term. A financing agreement will be
developed by others in a separate process with Agency.
 Post-Construction Guarantee/Monitoring: After implementation of energy conservation measures,
the ESCO will offer a variety of services to ensure savings are met, such as a savings guarantee,
staff training, M&V services, and contract maintenance services.
2. Proposal Submittal and Selection Process
2.1
POLICIES
2.1.1 All submittals shall become the property of the Agency and will not be returned.
2.1.2 EMNRD will certify the Qualified Provider as described in the Overview above.
2.2
SUBMITTAL INSTRUCTIONS
[Agency Name]
2
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
2.2.1 All submittals shall become the property of the Agency and will not be returned.
2.2.2 Late submittals shall not be evaluated.
2.2.3 Agency reserves the right to reject any or all proposals on the basis of being
unresponsive to these guidelines or for failure to disclose requested information.
2.2.4 Agency shall not be liable for any costs incurred by respondents in the preparation
of submittals and proposals nor in costs related to any element of the selection and
contract negotiation process.
2.2.5 Pre-proposal Conference
See Selection Process below for details.
2.2.6 Communications Regarding This RFP
Questions and requests for clarification on this Request for Proposals must be
submitted in writing following the instructions posted in the Notice. No verbal
inquiries will be addressed.
Communication with Agency officials, the Selection Committee, or others
associated with the Agency with regard to this Request for Proposals is prohibited.
2.3
SUBMITTAL FORMAT
2.3.1 Prepare proposals to respond to the items in the ESCO Response to Request for
Proposals (Attachment C). Follow the same sequence and state each number and
question prior to your response.
2.3.2 Submit Proposal Cover Sheet and submit five CD or DVD copies of the submittals.
Each copy of the CD or DVD shall include only two files, both in the .pdf format.
The Response (Attachment C) shall be converted in entirety to a single .pdf
formatted file and submitted on the CD or DVD. Similarly, the requested sample
Investment-Grade audit report shall be converted in its entirety to .pdf format and
copied as a single file onto the same CD or DVD. Security protection of the pdf file
is allowed, but printing shall be enabled.
2.3.3 Deliver proposals to:
[Address]
Attn: [contact or agency]
No later than: [date and time]
SUBMITTAL SCHEDULE
The following schedule has been established for this Request for Proposals. Note that this
schedule may be subject to change.
TASK
1.
RFP Published
2.
Pre-Proposal Conference
[Agency Name]
DATE/TIME
3
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
2.4
3.
Prospective Offeror(s)’ written inquiries
4.
Responses to Inquiries
5.
Proposal Submission
6.
Proposal Review Period
7.
Interviews (if required)
8.
EMNRD Review and Certification
9.
Notice of Intent to Award
10.
ESCO Contracts
TBD
SELECTION PROCESS
2.4.1 Pre-Proposal Conference and Site Visit. A site meeting and tour of the facilities
will be held prior to the proposal due date. The purpose of the Pre-proposal
Conference will be to review the requirements of this RFP and answer questions
from ESCOs in attendance. The site visit is optional. No follow-up tours, additional
access to buildings, or alternative dates for tours will be allowed unless offered to
all respondents.
The site visit does not need to be mandatory as the facility information provided in the
appendix should be adequate for the ESCO to determine whether to respond to this
RFP. An optional site visit is recommended.
DATE: [Date]
TIME:
[Start time to End time]
Hold a 30-minute meeting to describe the process, timeline, expectations, etc. Offer
a tour of a few key facilities over the next one hour. There is no need for ESCOs to
visit all facilities.
LOCATION:
[Building name
Meeting Room
Physical address
Directions]
2.4.2 Review of Written Proposals. Proposals must be prepared as described in
Attachment C: ESCO Response. Proposers within the competitive range will be
invited to participate in the interviews.
[Agency Name]
4
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
2.4.3 Interviews. Interviews will provide an opportunity for clarification of the written
proposal. ESCO representatives at the interview should include individuals who will
be key points of contact and have major responsibility for contract negotiation,
engineering and design, construction management and follow-up monitoring. Each
interview may be tape-recorded. Scores from the written proposal will be modified
based on clarifications and the top-ranking ESCO will be considered for award.
2.4.4 Final Selection. Final reference checks will be conducted with the apparent awardee
(top-ranked ESCO) prior to making the final selection. An award will be made to the
selected ESCO.
3. Scope of Work
3.1
PROJECT PHASES OF GUARANTEED UTILITY SAVINGS CONTRACT
3.1.1 Investment-Grade Energy Audit and Project Proposal Phase
Agency must have funds available to pay for the audit in the event that performance
contract is not later executed. These funds must be allocated/encumbered at the time
of signing of the audit contract and will be unencumbered in full when the
performance contract is executed.
The ESCO and the Agency will execute the Investment-Grade Audit and Project
Proposal Contract (Attachment F). This contract sets specific expectations and
provides a detailed process for both the ESCO and the Agency. The contract also
defines the deliverables to the Agency and establishes the basis for the Guaranteed
Utility Savings Contract to follow. It incorporates current state statutes that directly
relate to energy performance contracting: the Public Facility Energy Efficiency
and Water Conservation Act and the Energy Efficiency and Renewable Energy
Bonding Act (Attachment I).
The Investment-Grade Energy Audit will identify and evaluate energy conservation /
cost avoidance measures and define the proposed project scope, cost, cost avoidance
and cash-flow over the proposed financing term. A project proposal will present
aggregated measures that can be financed through guaranteed savings.
3.1.2 Guaranteed Utility Savings Contract (Construction, Implementation,
Commissioning, and Financing Phase)
Upon satisfactory completion of the Investment-Grade Energy Audit, the Agency
will have the option to execute a Guaranteed Utility Savings Contract
(Attachment G) with the ESCO to implement the recommended project. The
Guaranteed Utility Savings Contract will define the final agreed upon scope of work
and all its associated costs and mutual responsibilities between the ESCO and the
[Agency Name]
5
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Agency, as well as improvement measures, the equipment and labor costs associated
with them, and all guaranteed energy and maintenance cost avoidance. It
incorporates current state statutes that directly relate to energy performance
contracting: the Public Facility Energy Efficiency and Water Conservation Act
and the Energy Efficiency and Renewable Energy Bonding Act (Attachment I).
Upon execution of the Guaranteed Utility Savings Contract, the ESCO proceeds to
final design, construction, and commissioning of the improvement measures.
Financing Agreement. A separate financing agreement will be developed including
ESCO payment schedules and lender financing terms and schedules. The ESCO
will solicit financing companies on behalf of the Agency using the bid documents in
Financing Bid Package (Attachment H). The ESCO will solicit bids from a
minimum of three financing companies, prior to negotiation of the Guaranteed Utility
Savings Contract. Agency will make the final selection.
3.1.3
3.2
Performance Period
The Performance Period of the Guaranteed Utility Savings Contract begins upon
construction completion and acceptance by the Agency. The Guaranteed Utility
Savings Contract will include a number of services the ESCO will provide until the
end of the contract including, but not limited to, measurement and verification of
savings, the savings guarantee, staff training, and, possibly, contract maintenance
services.
ESCO SERVICES
It is tempting to develop a prescribed scope of work, detailing exactly what projects the ESCO
should undertake in your facilities. This is not recommended, however, because it is very
valuable to use the ESCO’s technical expertise to help identify and assess the opportunities
that are most cost-effective or most valuable for your facilities instead of pre-determining the
scope.
ESCO must have the demonstrated capability in engineering and management to provide a
broad range of services. Services may include but are not limited to the following:
Investment-Grade Energy Audit and Project Proposal Phase
 Investment-Grade Energy Audit to evaluate costs and savings of a variety of energy
and water-saving measures
 project proposal including financial analysis
 benchmarking using Energy Star tools
 measurement and verification plan
 utility bill data services to capture credits from utility bill errors
Construction/Implementation/Commissioning and Financing Phase
 engineering design
[Agency Name]
6
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
 equipment procurement and purchasing
 construction management
 hazardous waste disposal or recycling
 ability to arrange financing
 commissioning
Guarantee/Monitoring Phase
 continuing operations and maintenance for all improvements
 staff training on routine maintenance and operation of systems
 training of occupants
 guarantee of performance and cost avoidance for the entire term of the contract
 measurement and verification for measurement and reporting of the performance and
savings
 provide for independent review of monitoring & verification (guaranteed savings pay
for independent ESCO)
 analysis and application for Energy Star Label and/or LEED-EB (Leadership in
Energy and Environmental Design for Existing Buildings, by the US Green Building
Council)
 monitoring and reporting of emissions reductions
 maintaining long-term, high-efficiency performance of buildings
ESCO must have the technical capability to address a broad range of systems including, but not
limited to:
 Mechanical Systems. Heating, ventilating and air conditioning (HVAC) systems,
energy management and control systems, domestic hot water systems, distribution
systems, etc.
 Plants. Distribution systems, cogeneration systems, etc.
 Lighting systems. Indoor and outdoor lighting systems, lighting controls, daylighting
strategies.
 Building envelope systems. Windows, insulation, weatherization, etc. (It is
recognized that window replacements are rarely cost-effective, but could be considered
as part of a comprehensive plan.)
 Specialty Systems: laundry equipment, kitchen equipment, pool systems, renewable
energy systems.
 LEED-EB: LEED-EB strategies to improve operations and maintenance practices.
 ENERGY STAR: Use of Portfolio Manager.
 Water and Sewage Systems. automatic controls, low-flow faucet aerators, low-flow
toilets, cooling tower modifications, pool covers, and irrigation system controls or
modifications.
 Desired projects.
Identify any specific needs or desires that you think must be included in a performance
contracting project, or projects that are of particular interest to you. Keep in mind
[Agency Name]
7
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
that the ESCO should be given the flexibility to use its own expertise to determine a
broad scope of work, so avoid using this section to pre-define the scope of work.
3.3
BUILDINGS, FACILITIES AND APPROACH
All facilities owned, managed or operated by Agency at any time during the term of the
performance contract will be considered for this work. Specific facilities now operated by
Agency are listed in Attachment E: Technical Facility Profile. Additional facilities not yet
identified that are under the jurisdiction of the Agency at any time during the term of the
Guaranteed Utility Performance Contract can be included in the scope of work in a contract
amendment.
List all buildings in Attachment E even if delayed for future work.
[Agency Name]
8
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT A: SPECIAL CONTRACT TERMS AND CONDITIONS
Governmental Units Related to Legislation. Eligible governmental units are state government
agencies, municipalities, K-12 public schools, and higher educational institutions (NMSA 1978, 6-232C).
Qualified Provider Certification. ESCOs are notified that certification as a Qualified Provider will
be required, pursuant to NMSA 1978, 6-23-5B . Approval of Guaranteed Utility Savings Contracts
shall be given upon:
 certification by the Energy, Minerals and Natural Resources Department that the Qualified
Provider of energy conservation measures meets the experience requirements set by the
Department; and
 certification by the Office of the State engineer that the Qualified Provider of water
conservation measures meets the experience requirements set by that Office.
Contract Documents. The Model Investment-Grade Energy Audit and Project Proposal Contract
(Attachment F) and the Model Guaranteed Utility Savings Contract (Attachment G) will be used.
Payment for Investment-Grade Energy Audit. See Investment-Grade Energy Audit and Project
Proposal Contract (Attachment F): The cost of the audit will be on a square-footage basis. Upon
execution of the Guaranteed Utility Savings Contract, the cost of the audit will be rolled into the contract
to be paid for through savings. Where the ESCO identifies a project with insufficient savings
opportunities to meet the terms of the Investment-Grade Energy Audit and Project Proposal Contract, the
Agency will have no payment obligation.
Allowable Measures. As outlined in NMSA 1978, 6-23-2B and 2G, measures generally include:
 Modifications or installations to a facility, building, system, vehicle, landscape
 Operational changes
 Training programs
 Combined heat and power systems
 Solar energy generation and renewables
 Maintenance and operation management systems
 Traffic control systems
 Alternative fuel options and accessories for vehicles
Maximum Savings Per Category. A maximum savings of 50% of total savings can come from
maintenance and operations savings. A project may be carried out that only has energy or water
conservation savings. Maximum maintenance savings from transportation measures or water conservation
measures (WCMs) shall be considered on a case-by-case basis.
Funding Sources to Support Annual Payment. Allowable cost savings are defined in NMSA 1978, 623-2A and 2F, and generally include cost avoidance of:
 Energy costs
 Water costs
[Agency Name]
9
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012



Other utility costs
Vehicle-related costs
Operating budget costs resulting from energy or water conservation measures.
Savings from future upgrades or planned equipment upgrades, equipment life extension, engineering fee
reduction, in-house labor, improved learning environment and training costs are not allowed.
Other Considerations
 Material/commodity savings, only in years when savings are achieved, including
avoided costs such as lamp and ballast replacements, scheduled replacement of parts,
etc.
This category is often recommended to help increase the scope of work through added
source of funds; thorough documentation and review is critical to ensure these
anticipated savings are verifiable.
 Maintenance cost savings such as terminated service contracts on equipment.
 Equity cash Outlay: At option of Governmental Unit, an equity cash outlay, pending
funding approval, may be used.
 Maintenance and operation cost savings: Savings will be limited to those that can be
thoroughly documented and approved. Such savings must only be attributed to the
cash flow in years when savings will actually occur.
Financing Term. The maximum financing term is 25 years, not to exceed the expected useful life of the
most durable energy or water conservation measure (NMSA 1978, 6-23-3A, 3C, and 3D). The ASHRAE1
Book of Standards will be used in determining the useful life of the equipment.
Guarantee.
The ESCO must provide a performance guarantee in the form of a performance bond, a cash bond, a letter of
credit issued by a bank with a Moody's or Standard and Poor's rating of "A" or better or any other surety,
including insurance, satisfactory to the governmental unit and its approving agency (NMSA 1978, 6-23-4).
An annual contractual guarantee will be provided (NMSA 1978, 6-23-3B(1) and 6-23-4), where savings
are guaranteed to the extent necessary to make payments for the conservation measures. The guarantee
must provide for the sum of identified cost savings to equal or exceed the amount of the annual payment,
where annual payment equals lease plus monitoring & verification fee plus required service, each and
every year while the guarantee is in effect.
Annual Savings Exceed Annual Costs. Annual savings shall exceed annual payments each and every
year. This means that excess savings in other years and interim savings during the construction period
will not be allocated to meet shortfalls in any year. Annual payments include debt service, ESCO fees,
maintenance services, monitoring services, and other services.
Interim Savings during Construction Period. Savings accrued during the construction period will not
be allocated to the annual savings of any year. See “Annual Savings Exceed Annual Costs” above.
1
American Society of Heating, Refrigerating, and Air-Conditioning Engineers
[Agency Name]
10
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Excess Savings (beyond the guaranteed amount). Excess savings will be retained by Agency and will
not be allocated to shortfalls in savings in other years. See “Annual Savings Exceed Annual Costs”
above.
Use of Stated Cost Markups and Margins. The individual cost markups and margins disclosed in the
proposal will be used as maximums in both the Investment-Grade Energy Audit and the Guaranteed
Utility Savings Contract, provided the size and scope of the project remain similar. Cost markups and
margins presented in the proposal can be negotiated downward.
Open Book Pricing. Open book pricing will be required, such that the ESCO will fully disclose all costs,
including all costs of contractors and vendors. ESCO will maintain cost accounting records on authorized
work performed under actual costs for labor and material, or other basis requiring accounting records.
ESCO will provide access to records and preserve them for a period of three (3) years after final payment.
Costs will be evaluated through price analysis to compare costs with reasonable criteria such as
established catalog and market prices or historical prices. Stated cost markups will be clearly applied.
Contingency. Any unused contingency cost will not be retained by the ESCO and will be applied to the
project.
Equipment Compatibility or Standardization. All equipment installed that is comparable to similar
equipment at the facilities, shall offer compatibility with existing systems, and/or be of the same
manufacturer for standardization of equipment Agency-wide, unless excepted by Agency.
You could include name of existing controls system, or a requirement for open systems or devices, if new
controls systems will have to be compatible with an existing brand of controls.
Annual Appropriations. Annual payment is subject to annual appropriations.
Inflation and Escalation Rates. Any inflation rates will be pre-approved by Agency.
Energy Escalation Rates. Where the annual lease-purchase payments are set-up to escalate each year
in anticipation of annually escalating energy cost avoidance, a calculator will be used to determine the
maximum value as developed by the US Department of Energy for energy savings performance
contracts in its Federal Energy Management Program. The Energy Escalation Rate Calculator is online at http://www1.eere.energy.gov/femp/information/download_blcc.html#eerc.
Measurement and Verification Plan. A monitoring and verification plan will be developed per
guidelines in the Guaranteed Utility Savings Contract. Note that this should be rigorously reviewed by a
third party.
Independent Review of Measurement and Verification. The Guaranteed Utility Savings Contract
may provide for a portion of the guaranteed savings for Agency to contract with an independent
monitoring & verification specialist to provide an independent review of the ESCO’s monitoring &
[Agency Name]
11
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
verification plans and reporting. This is estimated to be 10 percent of the ESCO’s monitoring &
verification costs.
Compliance with Codes and Regulations. The energy project shall meet state and federal regulations;
funding source requirements, building energy code requirements, and government agency requirements
that are in effect.
[Agency Name]
12
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT B: PROPOSED PROJECT SCHEDULE
The following schedule is the proposed schedule, and may change during the project.
Change week numbers as needed. Consider holiday or seasonal schedules if they are the best times for
construction.
ACTIVITY
DATE
RFP Phase
ESCO Selection and Award
Week 8
Refer to Submittal Schedule. Consider time needed for Qualified Provider certification by Energy,
Minerals and Natural Resources Department; Board approval, if necessary; and official announcement.
Investment-Grade Energy Audit Phase
Contract Negotiation
Weeks 9-11
Allow two weeks for negotiations. Reserve time to negotiate cost markups as maximum markups were
given in the proposal response. Also negotiate the scope and level of the audit. Otherwise, this contract is
simple and straightforward.
Board approval and signatures to execute contract
Allow sufficient time based on past experience with contracts in your department.
Week 12
Audit, Final Report and Presentation
Weeks 11-22
Allow time for several meetings during this process, so that there is sufficient discussion for agreement.
Guaranteed Utility Savings Contract Phase
Negotiation and Documentation
Weeks 23-30
It is very important to allow sufficient time to review the contract and meet several times with the ESCO to
ensure thorough understanding of contract elements, to discuss and negotiate project scope and costs,
and to fully document the contract to incorporate project schedules, maintenance agreements, and other
project-specific documents. Its time well-spent, as a thorough understanding and documentation of
expectations could avoid future conflicts.
Board approval and signatures to execute contract
Weeks 31-34
Allow sufficient time based on past experience with contracts in your department. To save time, request
legal review and approval during the RFP stage.
Installation
To be negotiated
Commissioning/Monitoring Phase
Commissioning
[Agency Name]
To be negotiated
13
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Monitoring
Staff Training
Other
Proposed Contract Term
To be negotiated
To be negotiated
To be negotiated
To be negotiated
This schedule is subject to change.
[Agency Name]
14
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT C: ESCO RESPONSE
To ESCOs responding to this RFP:




For small projects, please limit your responses to a level appropriate for the scope of the project.
An electronic copy of this RFP section is available for easier preparation.
Please number and re-state each subheading or question, followed by your response.
Number all pages.
COVER SHEET
See cover sheet example at the end of this attachment.
1.0
OVERVIEW OF APPROACH TO ENERGY SAVINGS PERFORMANCE
CONTRACTING
Provide a stand-alone overview, maximum of 5 pages, using any order or format to present
your company as you wish. Include highlights on company background, market sectors served,
company strengths and areas of expertise. Also include your general approach to performance
contracting: typical phases for a project and ability to support each phase (Project
Development, Energy Auditing, Performance/Savings Guarantee, Financing, Construction,
Commissioning, Measurement and Verification, Client Staff/Occupant Training, Postconstruction Maintenance Support).
This overview provides a good introduction of your firm to the evaluation committee.
2.0
PROJECT HISTORY
2.1 Relevant Experience – Overview of Strengths
Briefly summarize your project histories to define your firm’s strengths and the relevance
of past work to this project (experience similar to this project in terms of size, scope,
facility type; experience with types of retrofits applicable to this project; etc.).
2.2 Project List
List all Energy Savings Performance Contracting projects developed and implemented by
your firm within the past five years. Only include projects where work was directly
conducted by your company. If it is relevant to list projects performed under contract to
another firm, clearly identify the firm with overall responsibility for that project and the
project’s relevance to this RFP response. Include projects in a similar market sector and
with a similar scope of work and similar scale of potential projects.
Project
Name/
Owner
[Agency Name]
Facility
Type
City &
State
Project
Size
(Dollars)
Project
Size
(Square Feet)
Year
Completed
15
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
2.3 Project References
Provide detailed information on Energy Savings Performance Contracting projects you
want to showcase that have similarities to work related to this proposal, and projects your
firm completed that can be used for references. Similarities could include type/use of
building, size of individual buildings, size of total expected project, technical scope of
projects, geographic region (work in this state or similar type of metro/rural region).
All projects listed should be those conducted only by your firm. If you deem it relevant to list
projects under contract to a different firm, clearly identify the name of firm responsible for the
project and indicate why you’re including it as a reference for your company and for this
project.
Expand on the information provided in the previous section to give details on individual
projects. Include the following information on each project as a minimum:
Project Identification: Owner name, city/state, facility type (hospital, school, college, city,
county, etc.)
Contact Information: Names and contact information of owner(s) representatives who can
serve as references
Project Type: Energy Savings Performance Contracting or other type
Project Size: Number of buildings and total project square footage
Project Dollar Amount: Total contract amount and the total project capital expenditure
amount
Source of Funding: A description of the source of funding used for the project and the
company’s role (if any) in securing that funding
Project Dates: Actual dates of audit start and acceptance; Actual construction starting and
ending dates
Contract terms: A description of the type of contract, financing arrangement, and contract
term
Project Personnel: A list of the name(s) of individuals involved in the project, their role(s)
and if these personnel will be assigned to the state’s projects
Project Schedule: Indicate if project was completed on schedule and an explanation if not
List of Improvements: The types of retrofits and operational improvements implemented
related to energy, water and other cost savings
Project Performance: The amounts of projected annual savings, guaranteed annual savings,
and actual annual savings for each project in a table as shown below
Units
kWh
kW
[Agency Name]
Projected
Annual
Energy
Savings
Guaranteed
Annual
Energy
Savings
Actual
Energy
Savings
Year 1
Actual
Energy
Savings
Year 2
Actual
Energy
Savings
Year 3
Actual
Energy
Savings
Year 4
Actual
Energy
Savings
Year 5
16
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
MMBTU
Gallons
(Other)
Measurement and Verification: A brief description of the M&V approach for each project
including which savings were stipulated, if any
Performance Guarantee: A description of the savings guarantee for each project and, if the
guaranteed savings were not achieved, how the company compensated the Agency for any
annual shortfall (e.g. pay funds to meet the guarantee, etc.)
Additional Comments: Comments on any special features, services, conditions, creative
approaches, special needs of Agency, etc. that may be relevant.
2.4 Contract List. Provide a list of all agreements or contracts, including those which have been
subject to early termination for any reason by either party in the previous 3 years, or that are in
litigation.
3.0 QUALIFICATIONS
3.1 History and Focus of Company
3.1.1 Structure and Evolution of the Firm
Describe how your company evolved, how long it has been in business under its
current and any former names, and its corporate structure (corporation, partnership,
sole proprietorship, joint venture, etc.) including identification of branch offices. For
joint ventures include the structure of the joint venture and historical information on
each member.
3.1.2 Years in the Energy Business
State the number of years the company has been involved in the energy-efficiency
related business.
3.1.3 Years in Performance Contracting
State the number of years the company has offered Energy Savings Performance
Contracting services.
3.1.4 Number of Performance Contracting Projects
State the number of performance contracting projects completed by the company:
number under $1 million in project cost; number over $1 million.
3.2 Financial Soundness and Stability of the Company
3.2.1 Financial Soundness
Describe the financial soundness and expected stability of the company.
3.2.2 Profitability
Describe the company’s profitability with supporting documentation covering the
past three years.
3.2.3 Financial Reports
Provide the company’s most recent 12-month audited financials including, at a
minimum: Balance Sheet, Income Statement, Statement of Cash Flow, and
Statement of Financial Conditions. Include the name, address, and telephone
number of the preparer.
3.2.4 Bonding
[Agency Name]
17
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Include responses to the following:
3.2.4.1 Current bonding rating
3.2.4.2 Current bonding capacity
3.2.4.3 Amount or percentage of bonding capacity currently obligated
3.2.4.4 Current bonding rate
3.2.4.5 Confirmation that the company is bondable for 100% of a payment bond
on a project
3.2.4.6 Confirmation that the company is bondable for 100% of a performance
bond on a project
3.2.4.7 Letter from a licensed surety as evidence of ability to bond for payment
and performance
3.3 Industry Accreditations
Provide information on any accreditations by any industry organizations, such as the
National Association of Energy Service Companies (NAESCO). Provide information on
any pre-qualifiers for your firm, such as work through the US Departments of Energy or
Defense for federal projects. Briefly describe the relevance or importance of the
accreditation or pre-qualification to the work proposed in this RFP.
3.4 General Scope of Services
Provide a brief comment (25 words or less is preferred) for each of the items listed to
illustrate the company’s capability in each area.
3.4.1 Energy systems in buildings:
Mechanical/Electrical Systems
3.4.1.1 Lighting: indoor and outdoor
3.4.1.2 Heating
3.4.1.3 Ventilation and indoor air quality issues
3.4.1.4 Cooling
3.4.1.5 Control and building automation
3.4.1.6 Fuel switching
3.4.1.7 Central plant
3.4.1.8 Water-consuming
Renewables
3.4.1.9 Daylighting
3.4.1.10 Solar-electric
3.4.1.11 Solar thermal
3.4.1.12 Geothermal
3.4.1.13 Wind, small-scale or large-scale
3.4.1.14 Biomass
3.4.1.15 Distributed generation
Specialty Systems or Specific Building Types
3.4.1.16 Kitchen or laundry
3.4.1.17 Laboratories, clean rooms
3.4.1.18 Healthcare hospitals, nursing homes, clinics
[Agency Name]
18
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
3.4.1.19 Swimming pools and recreational facilities
3.4.1.20 Computer laboratories
Energy Management Services
3.4.1.21 Energy management
3.4.1.22 Utility bill auditing and bill payment
3.4.1.23 Energy Star Portfolio Manager, benchmarking
3.4.1.24 LEED for Existing Buildings
3.4.1.25 Commissioning/re-commissioning (per the requirements outlined in
Guaranteed Utility Savings Contract – Schedules)
Other
3.4.1.26 Transportation – fleet fuel management, etc.
3.4.1.27 Other
3.4.2 Project Development and Implementation
3.4.2.1 Energy auditing (identify potential energy-saving measures, determine
savings projection based on standard energy engineering principles;
estimate project costs; present package of measures with cash flow)
3.4.2.2 System design engineering: mechanical, electrical, etc.
3.4.2.3 Procurement, bidding
3.4.2.4 Construction
3.4.2.5 Commissioning of projects and retro-commissioning of existing
buildings (per the requirements outlined in Guaranteed Utility Savings
Contract – Schedules)
3.4.2.6 Project management
3.4.2.7 Identification of asbestos and other hazardous materials and abatement,
recycling or disposal as applicable
3.4.3 Core Performance Contracting Services
3.4.3.1 Performance guarantee for every year of the financing term
3.4.3.2 Insurance per contract requirements
3.4.3.3 Equipment warranties
3.4.3.4 Ability to facilitate financing including a municipal, tax-exempt lease
purchase
3.4.3.5 Measurement and verification of savings (per the requirements outlined
in Energy Savings Performance Contract – Schedules)
3.4.3.6 Training: maintenance staff and occupants
3.4.4 Support Services:
3.4.4.1 Marketing and promotion of the SEO Energy Savings Performance
Contracting Program
3.4.4.2 Long-term maintenance services on energy systems
3.4.4.3 Application for an Energy Star Label and LEED certification
3.4.4.4 Calculation and reporting of emissions reductions
4.0
TECHNICAL APPROACH
4.1 Investment-Grade Energy Audit
[Agency Name]
19
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Under separate cover, provide a sample audit representative of an Energy Savings
Performance Contracting project in a government facility. (See RFP for proper delivery
media.) Include an introduction repeating the response for this section.
4.2
4.3
4.4
4.5
4.6
4.7
4.8
In response to this section, provide a brief description of the audit and the detailed energy
and economic calculation. Verify that the sample audit was conducted by current
members of the company’s team proposed for this work. Provide a description of the
process your company uses for a typical audit in the types of facilities relevant to this
RFP.
Standards of Comfort
A description of the standards of comfort the company generally uses for light levels, space
temperatures, ventilation rates, etc. in the types of facilities relevant to this RFP.
Baseline Calculation Methodology
A detailed description of the methodology normally used by the company to compute the
baseline of energy and water use for a facility. Include a discussion of how the Agency is
engaged for development of agreement on the baseline. Note the requirements in the
Investment-Grade Energy Audit and Project Proposal and Guaranteed Utility Savings
Contract.
Adjustments to Baseline
A discussion of typical factors that can impact the calculated baseline and the company’s
general approach to adjusting the calculated baseline if one or more of these factors are
present. Include how the Agency is involved for agreement on any adjustments. Note the
requirements in the Investment-Grade Energy Audit and Project Proposal and
Guaranteed Utility Savings Contract.
ENERGY STAR Portfolio Manager
Describe your approach to using ENERGY STAR Portfolio Manager to rank buildings,
assess building opportunity and aid in measurement and verification. Note the required
use as indicated in the Investment-Grade Energy Audit and Project Proposal and
Guaranteed Utility Savings Contract.
Measurement and Verification
Describe your approach to M&V and your experience with the latest versions of the
International Performance Monitoring and Verification Protocol. Note the M&V
processes defined in the Investment-Grade Energy Audit and Project Proposal and
Energy Savings Performance Contract.
Commissioning
Describe your approach to commissioning. Note the commissioning processes defined in
the Investment-Grade Audit and Project Proposal and Guaranteed Utility Savings
Contract.
Financing Solicitation
The selected ESCO will be required to solicit bids for financing on behalf of Agency.
(Since Agency will sign a separate agreement with the financing company, Agency will
[Agency Name]
20
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
4.9
4.10
5.0
review bids, select desired firm, and develop the financing agreement.) To solicit bids,
ESCO will use the RFP and supplemental information provided in Appendix H
(Financing Bid Package).

Identify three financing companies that you recommend as qualified to provide
municipal tax-exempt financing for this project.

Provide letters of qualifications and references from each firm.
Performance Guarantee
Describe how the performance guarantee is provided (self-guarantee or third party) and
describe the value of this approach.
Insurance
Describe how insurance is provided (self-guarantee or third party) and describe the
value of this approach.
MANAGEMENT APPROACH AND CAPABILITY FOR THIS PROJECT
5.1
Project Management and Coordination
5.1.1 Organizational Structure and Coordination
Describe your firm's approach to managing this project. Include an organizational
chart (with names and titles) showing clear lines of communication and
responsibility. Include the responsibilities of each individual shown. Describe the
transition and responsible parties from the sales to auditing phase, auditing to
construction phase, construction to follow-up monitoring phase, etc. Identify
portions of the effort, if any, that are proposed to be subcontracted and provide the
same information for the contractor’s organization and personnel.
5.1.2 Local Staffing and Support
List the office location (city and state) for personnel proposed. Describe the
extent of local staffing and support for the each phase of the project. Describe the
relevance or importance of local presence with regard to this project.
5.1.3 Approach to Subcontracting
Describe the types of services (both professional and construction services) that
your company offers in-house and the services that will be offered through
contractors. Describe the strategy behind in-house vs. contractor use.
5.1.4 Construction Management
Describe how your firm would work with current building management and
maintenance personnel in order to coordinate construction and avoid conflicts with
the building’s operation and use. Describe your flexibility and/or any limitations
regarding possible Agency activities such as: management of additional energy
and water projects, monitoring of installation and performance of ESCO projects,
integration of other identified capital needs with ESCO projects which may or may
not contain energy and water saving opportunities.
5.1.5 Agency Involvement
Describe how you engage the Agency in decision-making regarding project scope,
equipment specifications, ongoing operational and maintenance strategies, etc., and
how you incorporate Agency’s needs.
[Agency Name]
21
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
5.1.6 Long-term Servicing
Describe long-term servicing of equipment and systems. State the location of your
nearest servicing office.
5.2 Personnel and Staffing
Provide a table to show your personnel pool of individuals who will be assigned responsibility
for each task and phase of a project. Identify any contractors already selected. Also include any
added expertise and capability of staff available through other branch offices, subcontracts, etc.,
that can provide back-up strengths. Provide resumes in a clearly marked appendix.
A minimum of 3 years experience is required of the supporting team, such as an energy auditor,
designer, or contractor, in conducting energy audits of qualified energy projects. Indicate
compliance.
Describe how contractors are selected. Also comment on your ability to competitively select
contractors.
Name
Title
Staff or
Contractor
Potential
Role
Academic/
Professional
Qualifications
Level
of
Expertise
Base
Location
Potential role: technical analysis, engineering design, construction management, construction,
training, post-construction measurement and verification, support, and other services.
Level of expertise: years in industry or other brief description
Base Location: permanent office in the state; on assignment from other state; out-of-state
support.
5.3 Site-Specific Capability
5.3.1 Types of Services.
Summarize the scope of services (auditing, design, construction, monitoring, operations,
maintenance, training, financing, etc.) identified for this project.
5.3.2Relevant Market Sector Experience/Expertise
Provide information that emphasizes your company’s experience and expertise in the
types of facilities related to this project.
5.3.3Potential Projects.
Based on your preliminary assessment of the information provided, describe any
equipment modifications, installations or replacements at the facility that your firm
would consider installing as a part of this project. Address energy, water and LEED-EB
opportunities related to operation and maintenance. Also describe any special features,
renewable technologies, or advanced technologies that might be applicable. Describe any
special features or services associated with your proposed improvements that would add
value to Agency. Describe your approach to achieve compatibility (such as open
systems) and/or standardization of equipment in the facilities to be addressed.
5.3.4 Project Schedule
Comment on your ability to meet the schedule and the reasonableness of the schedule.
[Agency Name]
22
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
5.3.5 New Mexico Contractors
Verify that New Mexico licensed contruction contractors will perform the work. Also verify
that projects will be certified by a New Mexico registered engineer.
5.3.6 ENMRD Certification Requirement
Under separate cover, provide the ESCO application as presented in Attachment I. This must
be provided to the EMNRD Energy Conservation and Management Division to certify that
an Energy Services Company (ESCO) meets the required criteria for a qualified provider as
required by the Public Facility Energy Efficiency and Water Conservation Act (NMSA 1978,
6-23).
6.0
COST AND PRICING
Responses to this section only will remain proprietary.
6.1
Cost Markups
Provide proposed maximum markups in the table below for each category listed.
Markups represent a percentage added to the base cost for the project (excluding the
cost of the audit).
This format is required and must be completed in its entirety. Use only the categories
shown. Ranges for markups are not acceptable.
Clearly describe how self-performed work will be charged (billed hourly, billed as a
markup of equipment and labor costs, etc.). If self-performed work will be billed
hourly, include markups proposed to be applied to the hourly rate.
Construction Costs
Provided by ESCO Provided through Maximum Markup
(check)
subcontractor
above actual costs
(check)
(if any)
Contractor Costs (ESCO Costs to ESCO)
Other Direct Purchases of Equipment, Material, Supplies by
the ESCO (do not include contractor supplied purchases as
they should be included above)
Design
Project Management
Commissioning
Training
Construction Measurement and Verification
Permits (markup allowed only if permits are acquired by
ESCO)
Performance Bond
Please Note: Above table does not include project margins. Project Margins for overhead and profit
are presented separately in the table in Section 6.2.
[Agency Name]
23
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
6.2
Project Margins
In the table below provide the maximum margins (margins, not mark-ups) that will be
applied to any project within this program. Margins represent the percentage of the
total price.
Project Margin
Maximum %
Margin
Overhead Percent
Profit Percent
If a proposal is from a joint venture partnership, include proposed maximum allowable
margins in the schedule format above for each participating company.
6.3
Audit Fee
Provide the maximum fee to conduct the Investment-Grade Audit and Project
Development Proposal, on a cost per square foot basis. The company agrees that the
proposed maximum fee shall incorporate its responsibility to adhere to and complete the
full scope of work as presented in the Attachment F (Investment-Grade Energy
Audit and Project Development Contract).
Proposed Max cost
per square foot (sqft)
Investment-Grade Energy Audit
$/sqft
and Project Proposal
6.4
Other Fees
For each category describe how that annual cost is determined, how the fee is charged
to the project and when it is applied. Markups on fees are not allowable.
Annual Cost Category
How Price is Determined
Years Applied (One-time, Annual, etc.)
Warranty
Post-Retrofit
Measurement &
Verification
Maintenance
Other:
Other:
Other:
[Agency Name]
24
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
6.5
6.6
6.7
6.8
6.9
Contingency
Describe your company’s typical level of contingency budget for lighting, electrical,
mechanical, controls projects, and other projects and how it proposes to apply
contingency to cover changes in work scope and contractor change orders. Note that all
unused contingency funds will revert to the Agency or be applied to additional work
scope through a change order approved by the Agency.
Equipment/Labor Cost Competition
Describe your company’s process to solicit bids on equipment/labor or to ensure
price/cost competition and the best value for the Agency.
Open Book Pricing
Open book pricing is required as stated in Attachment G: Guaranteed Utility Savings
Contract. Describe your company’s approach to open book pricing and the method for
maintaining cost accounting records on authorized work performed under actual costs for
labor and material, or other basis requiring accounting records.
Best Value
Briefly describe how your approach to performance contracting delivers best value for
the investment. Describe any utility rebates or other financial incentives or grants you
can potentially provide and/or facilitate.
Application of Markups and Fees (Hypothetical Example)
Provide a sample of your pricing model using a two-measure performance contracting
project. Show the complete detail of what will be provided to the Agency in the actual
project using the markups and fees you will commit to in the actual project, as identified
above, for all categories, fees and services that will be seen in the actual project.
Include a sample project proforma and clearly indicate all fees required for monitoring &
verification, project management and all services that may be included in the actual
project, including the audit cost. All markups, margins and fees used in this example must
be representative of what will be used in the actual project.
Additional markups, margins, fees, or service category costs not shown in this example
will NOT be allowed in the final contract.
Incomplete information will be considered an incomplete response and cause the response
to be rejected.
6.9.1 Provide an example lighting measure that relates to this project in size and scope.
Provide all pricing documentation as you will provide it for open book pricing in
the final contract. Clearly differentiate the subcontracted portion of the project and
break out labor, materials and other categories as you will for open book pricing.
[Agency Name]
25
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
6.9.2 Provide same information for an example boiler measure (or other heating/cooling
equipment if a boiler replacement is not relevant for this project)
6.9.3 Show the two measures above in a complete two-measure performance contracting
project. Provide a proforma to clearly indicate all costs and fees represented as
they will be applied in the final contract. Use the format and structure you will use
in the final contract.
7.0
COMPLIANCE
7.1
Compliance with Project and Agency Requirements
State your firm’s commitment to adhere to the following:
7.1.1 Investment-Grade Energy Audit and Project Development Contract
Using the Investment-Grade Energy Audit and Project Proposal Contract
(Attachment F), customizing only the project specifics presented in the
schedules.
7.1.2 Guaranteed Utility Savings Contract
Using the Guaranteed Utility Savings Contract (Attachment G), customizing
only the project specifics.
7.1.3 RFP for Financing
Using the RFP to solicit bids for financing as provided in Financing Bid
Package (Attachment H).
7.1.4 Special Contract Terms and Conditions
Affirm your ability to meet requirements and project terms specified in
Attachment A: Special Contract Terms and Conditions.
7.2 Compliance with Legislative Requirements
7.2.1 Affirm your understanding of related legislative requirements.
7.2.2 Performance Guarantee: Provide a performance guarantee in the form of a performance
bond, a cash bond, a letter of credit issued by a bank with a Moody's or Standard and Poor's rating
of "A" or better or any other surety, including insurance, satisfactory to the governmental unit and
its approving agency (NMSA 1978, 6-23-4).
[Agency Name]
26
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
PROPOSAL
For Energy Savings Performance Contracting Services
COVER SHEET
Publish Date: Date
RFP Number: RFP Number
Mailing Address:
Return all
Proposals to: Physical Address for hand-delivery (if
Purchasing Agent:
Name
different):
Per the attached specifications, terms and conditions
F.E.I.N.:
Payment Terms:
Delivery Date:
(Minimum of Net 30)
Authorized Signature:
Typed/Printed Name:
Title:
Company Name:
Address:
City:
Phone Number:
State:
Fax Number:
Contact for Clarifications:
Title:
Phone Number:
Fax Number:
Zip:
E-mail Address:
[Agency Name]
27
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
IMPORTANT: The following information must be on the outside of the Bid Return Envelope:
[Agency Name]
28
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT D: EVALUATION
WRITTEN PROPOSALS
The Evaluation Team will identify scoring weights for each section, with the “Cost and Pricing” section
equaling a minimum of 30% of the total score of the written response to this RFP. The weights of criteria
will be determined by the Evaluation Team.
The Evaluation Team recognizes it is premature to place a major emphasis on projected financial benefits
prior to the completion of the Investment-Grade Energy Audit, because the audit will define the potential
scope and cost benefit. Therefore, the most emphasis will be on qualifications and less emphasis will be
placed on the cost information.
INTERVIEWS
ESCOs in the competitive range will be invited for an oral interview. The proposal scores will be
modified based on clarifications to responses provided in the interview.
SELECTION
The Evaluation Team will identify the apparent awardee and then contact references to complete the
evaluation.
With quality references, the apparent awardee will be notified of selection; otherwise, the same process
will be used with the second-ranked ESCO.
QUALIFIED PROVIDER CERTIFICATION
ESCOs are notified that certification as a Qualified Provider will be required, pursuant to 6-23-5B
NMSA 1978. Approval of Guaranteed Utility Savings Contracts shall be given upon:
 certification by the Energy, Minerals and Natural Resources Department that the Qualified
Provider of energy conservation measures meets the experience requirements set by the
Department; and
 certification by the Office of the State engineer that the Qualified Provider of water
conservation measures meets the experience requirements set by that Office.
[Agency Name]
29
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
New Mexico Energy, Minerals and Natural Resources Department (EMNRD)
1220 S. St. Francis Dr., Santa Fe, NM 87505
www.CleanEnergyNM.org
(505) 476-3310
Application No.
For EMNRD use only
Questionaire for References
Form version date: 1/5/11
ESCO References will be asked the following questions by EMNRD
Energy Conservation and Management Division. The responses will be
evaluated and will contribute to the ESCO’s score. The evaluation is
needed to certify that an Energy Service Company (ESCO) meets the
required criteria for a qualified provider as required by the Public Facility
Energy Efficiency and Water Conservation Act (6-23 NMSA 1978).
Question Scoring
Superior = 5 points
Acceptable = 3 points
Not Acceptable = 1 point
Project Name:
Reference:
ESCO:
Experience
1.
Satisfaction with methods of measuring energy savings
Superior
Discussion
Acceptable
Not Acceptable
Superior
Acceptable
Not Acceptable
Energy savings achieved to date (actual and/or avoided costs)
Superior
Discussion
Acceptable
Not Acceptable
Frequency/clarity of ESCO communication with client representatives
Superior
Acceptable
Discussion
Not Acceptable
2.
Overall satisfaction with the project
Discussion
3.
Management
4.
[Agency Name]
30
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
5.
ESCO responsiveness to specific user requests to resolve problems
Superior
Acceptable
Discussion
ESCO’s coordination of construction scheduling with building staff
Superior
Acceptable
Discussion
Not Acceptable
6.
7.
Not Acceptable
Ability of contractor to complete project on schedule
Superior
Acceptable
Not Acceptable
Quality of training for facility personnel provided by ESCO
Superior
Discussion
Acceptable
Not Acceptable
Discussion
8.
Technical
9.
ESCO understanding of your facility systems
Superior
Acceptable
Not Acceptable
Superior
Acceptable
Not Acceptable
Superior
Acceptable
Not Acceptable
Discussion
10.
Comprehensiveness of overall assessment of the facility by ESCO
Discussion
11.
Completeness of installed retrofits
Discussion
[Agency Name]
31
State Energy Performance Contracting
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Provided by EMNRD as technical assistance to eligible Governmental Units
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March 23, 2012
ATTACHMENT E: TECHNICAL FACILITY PROFILE
The ESCOs will need a description of the facilities in order to decide whether to respond to the RFP.
Use any format you wish. Only include information that is readily available in order to expedite the
RFP process. At the minimum, include “Building List” and the minimum recommended portions of the
“Energy and Water Consumption and Cost Information” section.
The information in this technical facility profile is provided to inform the ESCO about the condition of
the facilities. The information was prepared with diligence. The ESCO is responsible for verifying the
accuracy, as necessary.
Provide as a separate file to avoid word-processing errors. Include this page as a cover sheet.
Building List
List of Buildings (include all buildings that could be potential candidates either now or in the future; you
can always scale-back the project scope during contract negotiations if desired). List only those buildings
where you pay the utility bills and have responsibility for upgrades. Include:
o Name of building
o Total square footage of conditioned space.
o Primary use of building (school, office, etc.)
o Year constructed
o Year of any major modifications, additions or renovations (briefly describe)
o General location of buildings if not all are in one city or one “campus”
Energy and Water Cost & Consumption Information
Only provide information that is readily available.
 List the present utility companies that provide electricity, gas, water, etc.
 Is natural gas or propane used? If propane, is natural gas available in the area?
 Provide energy use information as available: At a minimum, include annual costs for each of the
main buildings (preferably itemized by electricity, natural gas, water, etc.). If available, include
monthly consumption and cost information for electricity (kW, kWh, $), gas (ccf/therms/gal, $), water
(gal, $), etc. for the past one-year period for each of the major buildings. If monthly information is
not readily available, attach copies of utility rate schedules that apply to the facilities or include a
sample utility bill for electricity, gas, etc. for each facility or meter from a winter month and summer
month. If under contract for natural gas, provide the fuel purchase agreement and a monthly price
history, if available.
Past Energy Improvement Efforts
Only provide information that is readily available.
 Describe any major energy-related changes made during the past ten years (boiler/chiller
replacements, other heating/cooling modifications, cooling additions, energy management control
installation/upgrade, T8/electronic ballast lighting upgrades, ventilation improvements, etc.).
 State if any energy audits were conducted in the past 5 years and if the information is available.
[Agency Name]
32
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
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March 23, 2012
Future Plans
Only provide information that is readily available. If not readily available, the ESCO can work with
you to collect needed information during the audit phase.
 Describe any major change planned to occur (additions or renovations; lighting upgrade, major
equipment replacement; decommissioning, demolition or sale; significant change in function or
hours of operation in the next 10 years; change in function of building such as from classrooms to
offices, change in hours of use such as year-round to seasonal operation).
 Describe funding available, planned or anticipated for these improvements.
 Describe any building improvements that you would like to investigate during this project.
Energy-Using Systems Description
Only provide information that is readily available. If not available, the ESCO can work with you to
collect needed information during the audit phases.
 Heating System: Briefly describe the types of heating systems serving your buildings (boiler,
furnace, rooftop unit, etc.). Also describe the distribution system that delivers heated/cooled air to
the rooms (forced air, water, etc.) Describe the age and condition.
 Cooling System: Briefly describe the type of cooling system serving your building (chiller, rooftops, etc.). Describe the age and condition.
 Controls System: If you have a controls system to control space temperatures and heating and cooling
equipment, please describe its capability (what is controlled), type (pneumatic compressed air system,
direct digital control system), condition, manufacturer name and model, and approximate year
installed.
 Lighting System, Interior: Describe extent of replacement of fluorescent systems to T8 lamps and
electronic ballasts.
 Water Heating System: Describe your domestic water heating system. Is it part of the space
heating system?
 Other Energy-Using Systems (laundry, kitchen, laboratory, solar system, swimming pool, spa, ice
rink, etc.)
 List any added water use such as showers, laundry, irrigation, etc.
Operating Information
Only provide information that is readily available. If not available, the ESCO can work with you to
collect needed information during the audit phases.
 Describe the typical hours of operation for each facility (weekday, weekend, seasonal). In other
words, when are the lights on and when is the heating/cooling system operated?
 Describe the janitorial hours (during occupied hours or after hours?)
 Describe when cooling systems are used and in which buildings
Maintenance Practices
Only provide information that is readily available.
 Describe the general maintenance practices (preventive maintenance plan used, skilled or low-skilled
maintenance staff, good or poor funding for maintenance, much or little deferred maintenance, etc.)
 Describe any known maintenance problems and/or needs associated with deferred maintenance.
Include comfort problems.
[Agency Name]
33
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT F: MODEL INVESTMENT-GRADE ENERGY AUDIT &
PROJECT PROPOSAL CONTRACT
OVERVIEW:
This Investment-Grade Energy Audit & Project Proposal Contract is the first of two contracts with the
selected ESCO. The ESCO will complete an Investment-Grade Energy Audit that will include an
analysis of each proposed project with projected energy and cost savings and itemized project cost.
The ESCO will also propose terms for the performance contract and present a proposal that includes
recommended projects, financing term and projected annual cash-flow analysis. The results of the
audit will form the basis for a subsequent Guaranteed Utility Savings Contract.
The complete contract is under a separate electronic file for easier use.
Provide this attachment under separate file for easier use. Retain this page with overview as a
“placeholder.”
[Agency Name]
34
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT G: MODEL GUARANTEED UTILITY SAVINGS
CONTRACT
OVERVIEW:
This Guaranteed Utility Savings Contract is for design, construction, guarantee, and follow-up
monitoring of energy-saving projects. An energy audit was previously completed that identified the
costs and savings of each project. The audit provides the basis to develop and negotiate this
Guaranteed Utility Savings Contract.
The complete contract is under a separate electronic file for easier use.
[Agency Name]
35
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT H: FINANCING SOLICITATION PACKAGE
The complete package is under a separate electronic file for easier use.
OVERVIEW
The ESCO is expected to conduct a competitive bid process to select a financing firm to satisfaction of
Agency.
Table of Contents
Request for Proposal for Financing
Lease Contract
Not included; Examples from finance companies are available but they should be customized to
meet the state’s statutes.
Financing Proposal Letter
Signature Sheet
Overview of Facility Improvement Projects
[Agency Name]
36
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT I: ESCO APPLICATION FOR EMNRD CERTIFICATION
New Mexico Energy, Minerals and Natural Resources Department (EMNRD)
1220 S. St. Francis Dr., Santa Fe, NM 87505
www.CleanEnergyNM.org
(505) 476-3310
Energy Services Company Application
Application No.
For EMNRD use only
Form version date: 1/5/11
The following information must be provided to the EMNRD Energy
Conservation and Management Division to certify that an Energy Services
Company (ESCO) meets the required criteria for a qualified provider as
required by the Public Facility Energy Efficiency and Water Conservation
Act (6-23 NMSA 1978).
Contact Information
Name of Firm
Principal
Contact
Mailing Address
(Address, City, Zip Code)
Telephone
Numbers
NM Registered
Professional
Engineer
Experience
Years experience as
energy efficiency
contractor
Email
Project
Manager
Number of qualified energy
savings contracts
undertaken by firm in past
three years
Summarize type
and size of
qualified energy
savings projects
implemented by
ESCO or primary
energy
management
contractor
[Agency Name]
37
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
Project Personnel
Provide key personnel who will work on the project. Duplicate this page as necessary.
Principal
Name of Firm
Contact
Mailing Address
(Address, City, Zip Code)
Telephone
Numbers
Project
Responsibilities
Experience,
Licenses, and
Certificates
Email
Principal
Contact
Name of Firm
Mailing Address
(Address, City, Zip Code)
Telephone
Numbers
Project
Responsibilities
Experience,
Licenses, and
Certificates
Email
Principal
Contact
Name of Firm
Mailing Address
(Address, City, Zip Code)
Telephone
Numbers
Project
Responsibilities
Experience,
Licenses, and
Certificates
[Agency Name]
Email
38
State Energy Performance Contracting
Model Request for Proposals issued by Governmental Unit to Contractors
Provided by EMNRD as technical assistance to eligible Governmental Units
Agency legal review recommended
March 23, 2012
ATTACHMENT J: OTHER
Statutes
The complete statutes are under a separate electronic file for easier use.
[Agency Name]
39