ENE51DesignatedDCAMM%20Contract%20User%20Guide%2006202024.pdf

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Attached to
Demand Response Program
Contract number
ENE51
Issued by
Massachusetts

About this file

This document is a Contract User Guide for ENE51, a Statewide Contract for Demand Response Services issued by the Massachusetts Operational Services Division (OSD). The contract involves CPower as the sole vendor and is applicable to various eligible entities including cities, towns, districts, counties, executive/legislative/judicial branches, public authorities, libraries, school districts, public hospitals, higher education institutions, and non-profit organizations doing business with the Commonwealth of Massachusetts.

The contract enables eligible entities to participate in demand response programs by temporarily reducing electricity usage during peak grid demand periods, such as hot summer days. The contractor (CPower) is responsible for enrolling and managing facility participation in ISO New England Demand Response Program, utility load curtailment programs, and Clean Peak programs. The contract is revenue-generating, with no upfront costs to participating entities, and allows them to receive financial compensation for reducing energy consumption. CPower will be compensated by taking a percentage of the ISO-NE payments, with a 1.25% Supplier Diversity Program commitment. The initial contract term runs from October 1, 2020 to September 30, 2025, with a maximum end date of September 30, 2027, and includes provisions for generator upgrades and retrofitting existing emergency generators throughout the Commonwealth.

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NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 1 of 9 One Ashburton Place, Suite 1017 Boston, MA, 02108-1552

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Contract User Guide for ENE51

ENE51: Designated DCAMM Statewide Contract for Demand Response Services

Table of Contents:

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click)

• Contract Summary

• Benefits and Cost Savings

• Find Bid/Contract Documents

• Who Can Use This Contract

• Supplier Diversity Requirements

• Pricing, Quotes and Purchase Options

• Instructions for MMARS Users

• Environmentally Preferable Products

• Emergency Services

• Additional Information/FAQ's

• Performance and Payment Time Frames Which

Exceed Contract Duration

• Strategic Sourcing Team Members

• VENDOR LIST AND INFORMATION

TIP: To return to the first page throughout this document, use the CTL + Home command.

UPDATED: June 20, 2024

Contract #: ENE51

MMARS MA #: ENE51*

Initial Contract Term: October 1, 2020 –September 30, 2025

Maximum End Date: September 30, 2027

Current Contract Term: October 1, 2020 –September 30, 2025

Contract Manager: Dave Lewis, 617-413-1917, Dave.Lewis@mass.gov

UNSPSC Codes: 83-10-19-02-0000 - Energy use reduction measures

Updates: Contact information. Price adjustment information.

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

http://www.mass.gov/osd mailto:Dave.Lewis@mass.gov

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 2 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Contract Summary This is a Statewide Contract for Demand response (DR). Demand Response is a temporary reduction or shift in a facility’s electricity use by switching to on-site emergency generators, load curtailment (temporarily turning off non-essential equipment) or other means during the hours when the electrical grid experiences peak demand (e.g. hot summer days).

By participating in demand response programs, facilities help the electrical grid manage increased demand for power during critical times and, in return, receive financial compensation for participation.

This contract enables Eligible Entities to access such financial incentives by engaging a contractor who will:

• Enroll and manage the participation of Eligible Entity facilities (hereinafter “Customer Assets”) in the ISO

New England (ISO-NE) Demand Response Program, utility load curtailment programs and Clean Peak programs as applicable. Provide support services for current and future assets enrolled and to be enrolled by the Commonwealth in the Forward Capacity Market.

• Generator Upgrades: Upgrade, retrofit or replace existing emergency generators in various locations throughout the Commonwealth.

The contractor must provide all equipment, devices, data collection, testing and any additional products and/or services necessary to make all Customer Assets eligible and to enroll them in the above referenced programs. Furthermore, beginning with the Customer Asset’s enrollment in a DR Program, the contractor, will manage all aspects of participation in said Program, including but not limited to all obligation management, notification of appropriate Eligible Entity employees for events, and transfer of funds to the Eligible Entity. The Eligible Entity will be responsible for responding to event notifications, the reliability of their generators (if applicable) and the facility electrical systems.

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

Revenue Generating Contract This contract is designed as a user-friendly way to bring Eligible Entities revenue for their participation in demand response programs.

No Upfront Cost Eligible Entities do not incur any upfront cost for assessing the feasibility of their participation in the program or for enrolling in the program. The Contractor is responsible for those costs.

Reduction in Calculated Electricity Rates Some utilities calculate the rates they charge customers based on their energy demand during peak hours. Participation in demand response programs during those hours reduces the facilities’ peak energy demand and, as a result, helps reduce the rates they pay for electricity throughout the year.

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 3 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Find Bid/Contract Documents

• To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for ENE51 to find related Master Blanket Purchase Order

(MBPO) information.

• To link directly to the MBPO for ENE51 visit the Master Blanket PO-21-1080-OSD03-SRC01-20225.

• To find all contract-specific documents, including the Contract User Guide, RFR, specifications, and other attachments, visit COMMBUYS.com and search for ENE51 to find related Master Blanket Purchase Order

(MBPO’s) information. All common contract documents are located in the “Master Contract Record” Master

Blanket Purchase Order (MBPO for ENE51 and can be accessed directly by visiting the Master Blanket Purchase

Order PO-21-1080-OSD03-SRC01-20225

• To find vendor-specific documents, including price sheets, see links to individual vendor MBPOs on the Vendor

Information page.

Who Can Use This Contract

Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

01. Cities, towns, districts, counties, and other political subdivisions

02. Executive, Legislative and Judicial Branches, including all Eligible Entities and elected offices therein; *

03. Independent public authorities, commissions, and quasi-public agencies

04. Local public libraries, public school districts and charter schools;

05. Public Hospitals, owned by the Commonwealth; *

06. Public institutions of high education

07. Public purchasing cooperatives;

08. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

09. Other states and territories with no prior approval by the State Purchasing Agent required; and

10. Other entities when designated in writing by the State Purchasing Agent.

*DCAMM Controlled for this contract

Supplier Diversity Requirements When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

http://www.commbuys.com/ https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docId=PO-21-1080-OSD03-SRC01-20225&releaseNbr=0&parentUrl=contract http://www.commbuys.com/ https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docId=PO-21-1080-OSD03-SRC01-20225&releaseNbr=0&parentUrl=contract file:///S:/Sourcing/Procurement%20Files/ENE51-%20DCAMM%20Demand%20Response%20Program/9%20Contract%20Management/_Contract%20User%20Guide/ENE51DesignatedDCAMM%20Contract%20User%20Guide%206.1%208-3-21.docx%23_Appendix_A:_Vendor file:///S:/Sourcing/Procurement%20Files/ENE51-%20DCAMM%20Demand%20Response%20Program/9%20Contract%20Management/_Contract%20User%20Guide/ENE51DesignatedDCAMM%20Contract%20User%20Guide%206.1%208-3-21.docx%23_Appendix_A:_Vendor https://www.mass.gov/info-details/why-use-statewide-contracts#eligible-entities-which-may-use-statewide-contracts-https://www.mass.gov/doc/statewide-contract-index/download

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 4 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Pricing, Quote and Purchase Options

Purchase Options This contract is not associated with any expenditure on the part of the Eligible Entity. The Contractor is paid by taking a percentage of the ISO-NE payment for the Eligible Entity’s participation in the demand response program.

Eligible Entity Classification for This Contract For the purpose of this contract, all Eligible Entities are divided into two groups based on their relationship with the

Division of Capital Asset Management and Maintenance (DCAMM):

DCAMM Controlled This includes Executive, Legislative and Judicial Branches, including all Departments and elected offices therein, and public hospitals owned by the Commonwealth. For all those Eligible Entities, DCAMM will serve as the point of contact for establishing initial communication, Customer Asset enrollment and all payments. DCAMM authorization is required for the Contractor to enroll Customer Assets belonging to a DCAMM Controlled Eligible Entity.

To use this contract, DCAMM Controlled Eligible Entities must indicate in writing that they wish to enroll in the Demand

Response Program that will commit them to full participation and performance for the duration of their enrollment. The

Agreement outlines certain responsibilities including but not limited to operation of generators and permitting requirements, general maintenance expectations, access to utility billing information and maintaining up to date contact information for purposes of response notification.

Dave Lewis (DCAMM Contact)

Energy Efficiency and Sustainable Buildings Group

Division of Capital Asset Management

1 Ashburton Place, 16th Floor

Boston, MA. 02108

Phone: 617-413-1917 (Direct)

Dave.Lewis@state.ma.us

Non-DCAMM Controlled

This includes all other Eligible Entities listed (e.g. cities, towns, public schools, etc.). Non-DCAMM Controlled Eligible

Entities do not need to sign any agreement with DCAMM. They may engage the Contractor directly and must establish direct payment relationships with the Contractor.

Paul M. Lopes

Program Manager-Save Energy Now

Massachusetts Department of Energy Resources

100 Cambridge Street, Suite 1020, Boston, MA 02114

Phone: 617.626.7329 Cell: 508.717.1748 http://www.mass.gov/doer/ http://www.mass.gov/doer/

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 5 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Process for Engaging the Contractor The process starts with DCAMM (or the individual Non-DCAMM Controlled Eligible Entity) requesting that the Contractor examine the feasibility of adding a specific Customer Assets to the DR Program. Once the Contractor and the Eligible

Entity determine that it is feasible to enroll the Customer Asset, the parties will agree to a compensation using the best available information at the time of the agreement.

The contractor must successfully enroll the Customer Asset in ISO-NE’s demand response program within 60 days of such agreement unless otherwise agreed with the Eligible Entity. DCAMM and other Eligible Entities reserve the right to decline any offer and/or seek additional demand response service providers if doing so is in the best interest of the

Commonwealth.

When using COMMBUYS, engaging the contractor for Forward Capacity Market Services in which the Eligible Entity is expected to remit payment should be processed as a Release Requisition/PO. The catalog item for the purchase can be located by: PO# PO-16-1019-DCP08-ENR01-00000006357; Vendor ID: 00010437, or description search: “Forward Capacity

Market Services.”

Demand Response Pricing For the duration of their enrollment, Eligible Entities are to be paid quarterly a percentage of all payments made by ISO-

NE for the Customer Assets enrolled under this contract. The Price Sheet posted under the “Vendor(s)” tab for the

Contractor provides the percentage share of ISO-NE payments current DCAMM Assets receive.

All demand response payments for DCAMM Controlled Eligible Entities must be sent to DCAMM for deposit into an account specified by the Commonwealth. Payments to Non-DCAMM Eligible Entities must be made directly to each

Eligible Entity based on their specifications.

The cost of all penalties from ISO-NE to the Contractor will be borne by the Contractor. Eligible Entity payments will not be reduced due to an unforeseen penalty from the ISO-NE to the Contractor. It is further understood that any payments for metering and monitoring will be paid from the savings derived by this contract and that DCAMM (or the individual

Non-DCAMM Controlled Eligible Entity) and the Contractor will negotiate these costs on a case-by-case basis.

Should a Customer Asset be unable to participate in the Program due to unforeseen circumstances not related to the

Contractor, the Contractor may notify the Eligible Entity of said circumstances and request that the asset be withdrawn from the program. The Contractor will be required to provide the lowest-cost alternative to the Eligible Entity to ensure that no payments are made by the Eligible Entity to the Contractor. In such cases, the Eligible Entity may renegotiate the

ISO-NE payment percentage share for this and/or other Customer Assets.

Price Adjustments Any requests for price changes must be submitted prior to the contract renewal to be considered for the renewal period.

Please refer to the ENE51 RFR for additional price adjustment language under section 4.4.3.

Executive Departments: All Executive Departments are required to use statewide contracts for their purchases if the goods/services they seek are available on a statewide contract. Executive agencies are required to utilize COMMBUYS for all related statewide contract purchasing activity. For further details please see the Best Value Procurement Handbook.

https://www.mass.gov/doc/conducting-best-value-procurements-handbook/download

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 6 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Eligible Entities: All other Non-Executive Eligible Entities are encouraged to utilize COMMBUYS for all statewide contracts purchasing activity, however the use of COMMBUYS is not required. Non-Executive Eligible Entities may order via email, phone or fax as allowed by the vendor. To ensure that you are being offered statewide contract pricing, contract users should identify and reference the contract number ENE51 when contacting the vendor for quote activity or placing an order.

Setting Up a COMMBUYS Account COMMBUYS is the Commonwealth’s electronic Market Center supporting online commerce between government purchasers and businesses. If you do not have one already, contact the COMMBUYS Help Desk to set up a COMMBUYS buyer account for your organization: (888)-627-8283 or OSDhelpdesk@mass.gov.

When contacting a vendor on statewide contract, always reference ENE51 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS, and use the Search box on the COMMBUYS header bar to locate items described on the MBPO or within the vendor catalog line items. Select Contract/Blanket or Catalog from the drop-down menu.

Instructions for MMARS Users MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Contact the Comptroller Help and Support Desk at 617-973-2468 or via email at Comptroller.Info@state.ma.us for additional support.

Emergency Services Many statewide contracts are required to provide products or services in cases of statewide emergencies. ML - 801 CMR

21 defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment

Contact Information for Statewide Contracts list for emergency services related to this contract.

Additional Information/FAQs

Forward Capacity Market Services to DCAMM The Contractor is also engaged by DCAMM for Forward Capacity Market (FCM) services on a fee for service basis. Since this is currently a service utilized solely by DCAMM, please refer to the RFR Document and the contractor’s Price Sheet for information.

Performance and Payment after Contract Expiration All agreements for Demand Response services entered into by Eligible Entities whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame established per each agreement). All such agreements shall be subject to the terms and conditions of this Contract. No written agreement shall extend more than one (1) year beyond the final termination date of this

Statewide Contract. No agreements for services under this Contract may be executed after the Contract has expired.

http://www.mass.gov/osd mailto:OSDhelpdesk@mass.gov mailto:Comptroller.Info@state.ma.us https://www.mass.gov/regulations/801-CMR-21-procurement-of-commodities-or-services-including-human-and-social-services https://www.mass.gov/regulations/801-CMR-21-procurement-of-commodities-or-services-including-human-and-social-services https://www.mass.gov/doc/emergency-response-supplies-services-and-equipment-contact-information https://www.mass.gov/doc/emergency-response-supplies-services-and-equipment-contact-information

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 7 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Summary of Where to Obtain Important Contract Information To obtain in depth contract information please go to the COMMBUYS Website: https://www.commbuys.com/bso/ click on “Contracts” then search by document number ENE51 to locate the following contract information under the tab:

• Contract User Guide – the latest version of this document

• Request for Response (RFR) ENE51 – the original solicitation document containing complete service specifications for this contract.

• Purchase Order Form for Cities and Towns – a form designed to help Eligible Entities document their service relationships with Contractors.

• CPower PO: PO-21-1080-OSD03-SRC01-20225

Performance and Payment Time Frames Which Exceed Contract Duration All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than 12 months beyond the current contract term of this Statewide Contract as stated on the first page of this contract user guide. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

http://www.mass.gov/osd https://www.commbuys.com/bso/ https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docId=PO-21-1080-OSD03-SRC01-20225&releaseNbr=0&parentUrl=contract file:///S:/Sourcing/Procurement%20Files/ENE51-%20DCAMM%20Demand%20Response%20Program/9%20Contract%20Management/_Contract%20User%20Guide/ENE51DesignatedDCAMM%20Contract%20User%20Guide%206.1%208-3-21.docx%23_top

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 8 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Strategic Sourcing Team Members

Name Department

Dave Lewis DCAMM

Paul Lopes ENE

Patricia Peterson DCAMM

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: June 20, 2024 Template version: 7.0 Page 9 of 9

Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

Vendor List and Information*

Vendor Master Blanket Purchase Order # Contact Person Phone # Email Discounts

(PPD,

Dock Delivery, Other)

SDP

Commitment Percentage

CPower PO-21-1080-OSD03-SRC01-20225 Keith Black 860-371-5518 keith.black@cpowerenergymanage ment.com

2% - 10 days 1.25%

*Note that COMMBUYS is the official system of record for vendor contact information.

https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docId=PO-21-1080-OSD03-SRC01-20225&releaseNbr=0&parentUrl=contract mailto:keith.black@cpowerenergymanagement.com mailto:keith.black@cpowerenergymanagement.com

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