Attachment L-2 PWS Template.docx

DE-SOL-0001279

Attachment L-2

ATTACHMENT L-2

PERFORMANCE-BASED WORK

STATEMENT TEMPLATE

FOR PROJECT FACILITATION SERVICES

1.0 INTRODUCTION:

The purpose of this contract is to acquire Project Facilitation (PF) services to support the Department of Energy’s (DOE) Federal Energy Management Program (FEMP) objectives for alternatively financed energy projects, such as Energy Saving Performance Contracts (ESPCs) and Utility Energy Service Contracts (UESCs). FEMP requires the use of an experienced DOE approved Project Facilitator (PF) by all agencies utilizing the DOE Indefinite Delivery Indefinite Quantity (IDIQ) ESPC contract. This Performance-Based Work Statement (PWS) describes the objectives and requirements for these PF services.

2.0 BACKGROUND:

(a) The U.S. Department of Energy's (DOE) Federal Energy Management Program (FEMP) promotes the federal Government's goals to implement sound, cost-effective energy management and investment practices to enhance the nation's energy security and environmental stewardship. The Energy Policy Act (EPAct) of 1992, the EPAct of 2005, the Energy Independence and Security Act (EISA) of 2007, and Executive Order (EO) 13423 and 13514 established energy efficiency, renewable energy, and water efficiency requirements for federal agencies. These authorities also allow contract vehicles that use private financing for the implementation of energy projects and the leveraging of Federal funds as appropriate. Accordingly, FEMP assists agencies in meeting these energy and water efficiency requirements. More specifically, Public Law 102-486, codified at 42 USC § 8287d, directs FEMP to assist agencies with the implementation of these privately financed projects. A key to the success of these programs is to provide Project Facilitation (PF) Services to assist federal energy, project, and procurement managers. Alternatively financed energy project PF services are the subject of this acquisition.

(b) FEMP achieves its mission by pursuing a number of activities to effectively participate in alternatively financed contracting mechanisms, such as Energy Savings Performance Contracts (ESPCs), Utility Energy Service Contracts (UESCs), and Power Purchase Agreements (PPAs). For example, a federal agency desiring to implement Energy Conservation Measures (ECMs) but not having appropriated funds to accomplish the project has the option of using an ESPC. An Energy Service Company (ESCO) is contracted to complete the project using funds provided by private financiers that are then repaid by the agency from the energy savings resulting from the ECMs over periods of up to 25 years. To promote the use of ESPC’s FEMP has an IDIQ in place with 16 ESCO’s. The majority of PF services under this contract will be in support of ESPC projects. More information on all of these alternative financing programs can be found at the DOE FEMP website: http://www1.eere.energy.gov/femp/financing/mechanisms.html.

(c) FEMP has provided PF services to federal agencies since May 5, 2005 through a multiple-award IDIQ contract. This contract is a small business set-aside which expires in November 2010. FEMP policy, as stipulated by the DOE ESPC IDIQ contracts awarded in December 2008, requires that all agencies using the DOE ESPC contract must also use the services of a DOE-approved PF. Other types of alternatively financed projects may or may not require the use of a DOE-approved PF., depending on the specific requirement. PF support for training efforts has primarily been in the form of presentations at workshops conducted at various locations nationwide, although training needs and methods may vary in the future based on FEMP’s needs. ESPC site Field Verifications are a relatively new effort by FEMP intended to follow-up on ESPC projects that have, typically, advanced beyond the first year Measurement and Verification (M&V) stage. Annually, PF’s attend a number of conferences designed to communicate best practices with DOE FEMP management, the DOE Golden Field Office (GFO), other federal agencies, and the sixteen (16) ESCOs.

3.0 SCOPE/MISSION

The purpose of this contract is to provide PF Services to DOE and other federal agencies to support energy efficiency, renewable energy, and water efficiency programs through the implementation of alternatively financed projects, training federal and non-federal personnel, and providing feedback for the purposes of process improvement. PFs support the energy project development efforts of federal agencies to ensure that projects are developed in conformance with EPAct of 1992 and EPAct of 2005, EISA of 2007, EO 13423 and 13514, any future applicable authorities, and specific program requirements. PFs follow best practices so that the contract will enable the government to realize its energy/water savings goals. The PF must promote coordination between DOE, other federal agencies, and the ESCOs or Utility Companies. Skills required of the PF include expertise and experience in energy engineering, operations and maintenance, finance, federal procurement and project management.

4.0 APPLICABLE DIRECTIVES

Energy Policy Act 1992 http://thomas.loc.gov/cgi-bin/query/z?c102:H.R.776.ENR:

Energy Policy Act 2005 http://www1.eere.energy.gov/femp/regulations/epact2005.html

Energy Independence and Security Act 2007 http://www1.eere.energy.gov/femp/regulations/eisa.html

Executive Order 13423 http://www1.eere.energy.gov/femp/regulations/eo13423.html

Executive Order 13514 http://www1.eere.energy.gov/femp/regulations/eo13514.html

ESPC Contract http://www1.eere.energy.gov/femp/pdfs/generic_idiq_espc_contract.pdf

Energy Savings Performance Contract Laws and Regulations http://www1.eere.energy.gov/femp/financing/espcs_regulations.html

Alternative Financing Project Facilitation http://www1.eere.energy.gov/femp/financing/project_facilitation.html

5.0 PERFORMANCE REQUIREMENTS:

(a) Describe the work in terms of the required results rather than either “how” the work is to be accomplished or the number of hours to be provided.

(b) Include measurable performance standards.

(c) Each task that generates data must have a corresponding data-reporting requirement. Provide complete identification of all data including title, content, format, frequency, and delivery requirement, summarized in a reporting requirements checklist.

6.0 DELIVERABLES:

Describe each deliverable and state frequency, format, and recipient.