ESPC NDER 7 NOO Amendment 0004.pdf

May 5, 2023 Amendment 0001 May 9, 2023 Amendment 0002 May 15, 2023 Amendment 0003 June 5, 2023 Amendment 0004 June 13, 2023

TO: Department of Energy (DOE) Energy Savings Performance Contract (ESPC) Indefinite Delivery Indefinite Quantity (IDIQ) Contract Holders

SUBJECT: Notice of Opportunity (NOO) for GSA/PBS National Deep Energy Retrofit (NDER) Round 7 ESPC Procurement

Dear Department of Energy IDIQ Energy Service Companies (ESCOs):

The U.S. General Services Administration (GSA or Government), Public Buildings Service (PBS), is initiating a seventh round of National Deep Energy Retrofit (NDER) ESPC procurements, and extends the following invitation to all current DOE 2017 ESPC IDIQ (DOE IDIQ Contract) contract-holders:

Invitation

GSA, with the support of the DOE and Federal Energy Management Program (FEMP), invites current DOE IDIQ Contract holders to submit a written Expression of Interest (EOI) in response to this NOO for consideration in potential task order (TO) award(s) under the DOE IDIQ Contract for the GSA NDER Round 7 ESPC Program in GSA Regions 5 Great Lakes, and 11 National Capital Region (NCR). The program’s objectives, background and conditions, project requirements, selection process, and EOI response requirements are detailed below.

Round 7 Program Objectives

GSA is seeking deep energy retrofits with the potential to electrify buildings for Round 7 of the National Deep Energy Retrofit Program. A deep energy retrofit leverages whole building approaches and integrative design to maximize energy and water efficiency and greenhouse gas emissions reductions.

The Round 7 Program’s primary objectives are as follows:

● Reduce energy consumption at federal facilities.

● Reduce water consumption at federal facilities.

● Complete associated construction work without major tenant disruption.

● Use renewable on-site energy technologies.

● Use comprehensive and integrated whole building approaches to determining Energy

Conservation Measures (ECMs).

● Determine feasibility of Grid-Interactive Efficient Buildings (GEB) measures by:

○ Assisting GSA in applying and submitting for DOE AFFECT Grant where it makes sense to do so.

○ Maximizing energy efficiency and cost savings through load flexibility.

○ Exploring opportunities for facility load shed, shift, and/or modulation.

○ Providing a study of renewable energy and energy storage opportunities.

○ Identifying and applying utility incentives applicable to GEB strategies.

● Identify potential opportunities to electrify buildings.

● Review potential opportunities for GSA-owned utility plant Heating Operation &

Transmission District (HOTD) servicing NCR buildings included in Project 1.

Projects should be designed to effectively address and move GSA towards compliance with the following:

● The Energy Act of 2020 (EA2020) which places emphasis on ECMs as outlined below:

○ Renewed emphasis for energy and water savings.

○ Emphasis on electric solutions and less on natural gas and fuel oil systems.

○ Renewable on-site energy strategies.

○ EA2020 requires that 50% of all energy conservation measures identified in EISA mandated audits be obtained through performance contracting.

● Executive Order (EO) 14057

○ 100 percent carbon pollution-free electricity on a net annual basis by 2030, including 50 percent 24/7 carbon pollution-free electricity.

○ Net-zero emissions from Federal procurement, including a Buy Clean policy to promote use of construction materials with lower embodied emissions.

○ Climate resilient infrastructure and operations.

○ Reduced Greenhouse Gas Emissions.

● Federal Building Performance Standard (BPS)

○ Support the achievement of net zero emissions for federal buildings.

○ Zero scope 1 emission in EISA-covered facilities by FY2030.

● The 2020 Guiding Principles for Sustainable Federal Buildings which requires all 12 of the core criteria to be met and 9 of 18 non-core criteria to be met for existing buildings.

● The Energy Independence and Security Act of 2007 (EISA 2007)

● The Energy Policy Act of 2005 (EPAct 2005)

Projects should also increase the resiliency of GSA’s buildings to support GSA in accomplishing its mission of providing effective, sustainable workplace solutions for federal agencies at the best value to the American taxpayer.

Program Background and Conditions

The physical locations and data for the buildings expected to be included in this program are shown in Attachment A, EOI Supplemental Data. The buildings are grouped into projects as shown in Column A of the attachment. Energy usage estimates are provided as background information only. Actual and projected energy rates shall be verified by the selected ESCO during the Preliminary Assessment (PA).

The ESCO will be required to use whole building energy modeling to identify ECMs and synergies with other ECMs (e.g., additional insulation, window film, and light-emitting diode bulbs (LEDs) reduce cooling loads), and is expected to propose any and all ECMs that may be economically viable and will contribute to the overall project objectives. GSA reserves the right to consider any and all viable ECMs, and also reserves the right to add to or remove any federally controlled space or buildings on Attachment A, EOI Supplemental Data at any time prior to the completion of the Investment Grade Audit (IGA), or after TO award via modification.

ESCOs will not be given physical access to facilities until the PA. GSA reserves the right to implement any project contemplated as a result of this NOO using a phased approach via modification to the original task order award.

Project Requirements

Any TO awarded under the NOO is conditioned upon the selected contractor meeting the pre-award requirements of both the DOE IDIQ Contract and this NOO. This includes the requirement to provide sufficiently detailed IGA submittals at predefined interim points in the IGA process. ESCOs shall provide guarantees that proposed ECMs will work as proposed by the ESCO and will not adversely affect building operations. ESCOs shall provide guarantees for energy and water savings in accordance with the DOE IDIQ Contract and all applicable legal requirements. If requested by the agency, the ESCO shall participate in a PA kick-off meeting for the project. The Government is not liable for the costs an ESCO incurs in developing and submitting a PA, IGA, or response to this NOO, unless a TO based on the IGA is awarded to the

ESCO.

Each project must self-finance within a TO term of 25 years or less in accordance with legal requirements. ESCOs are responsible for arranging and proposing financing. GSA reserves the right to include appropriated funding as authorized by 42 U.S.C. § 8287(a)(2)(E). GSA anticipates Inflation Reduction Act (IRA) funding may be available for certain technologies.

GSA does not currently have funding for moving tenants out of facilities included in the NDER Round 7 Program. ESCOs should assume that buildings will remain occupied throughout the entire performance period, including construction. GSA does, however, reserve the right to allow movement of tenants, if it is feasible, and GSA deems it to be in the best interest of the Government. It is anticipated that most of the construction work will be performed outside of GSA’s normal business hours.

GSA may use support contractors throughout the selection, pre-award, and post-award processes, as appropriate. The selected ESCO must allow all support contractors access to their responses and submissions for review. In addition to signing a non-disclosure agreement to protect proprietary information, such support contractors would be required to enter into Proprietary Information Agreements (PIA) (FAR 9.505-4) with the ESCO. A PIA protects companies from unauthorized use or disclosure of proprietary information for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. All materials considered by the ESCO to be proprietary should be clearly marked by the ESCO prior to submission.

During the IGA, the ESCO will be required to conduct pre-alteration hazardous material testing1 in all areas that may be disturbed during the implementation process. If asbestos, lead, lead

1 Note: GSA requires hazardous material testing to be performed during the IGA. Pricing for hazardous materials testing will be added to the IGA fee during the PA phase once the ESCO has had a chance to walk the sites. The proposed hazardous materials testing price is subject to negotiation and must be determined by GSA to be fair and reasonable.

paint, polychlorinated biphenyls (PCBs), mold, or other toxic or hazardous materials or substances are encountered, if awarded a task order, the ESCO must be willing to remove or remediate such material or substances, if required by GSA.

Selection Process:

GSA/PBS invites DOE IDIQ Contract holders interested in NDER Round 7 projects to review the information below and in the attached supporting documents and submit a written EOI response to this NOO. ESCOs are cautioned that any falsification, misrepresentation, or willful omission of facts may be sufficient cause for disqualification of the EOI response upon discovery. ESCOs are further cautioned that this is a stand-alone procurement. Responses to this NOO must strictly follow the instructions for submitting an EOI to be considered. Any information or assumptions included in responses to this NOO but based on another NOO’s terms, conditions, processes or methodology prior to this NOO may be inapplicable to this NOO and could render the ESCO’s EOI unacceptable.

GSA/PBS anticipates awarding multiple TOs to one or more ESCOs in accordance with Section H.3.8.1 of the DOE IDIQ Contract, “Selection Based on Qualifications (SBQ) Method” as tailored in accordance with Section H.3.4. It is the Government’s intent to conduct and conclude the selection process for both phases without ESCO discussions; however, the Government reserves the right to conduct discussions during either or both phases, as needed. An overview of the ESCO selection process and the EOI response requirements for the NOO is below.

A. ESCO Selection Process Overview:

“Selection Based On Qualifications Method” (Two Phases)

The Qualifications Method for selecting an ESCO is conducted in two phases. The EOI consists of two volumes (Phase 1 and Phase 2). Each ESCO submittal will be evaluated against the evaluation standards to determine which ESCO(s) should proceed to the next stage (either Phase 2 or PA).

Phase 1 - Initial Down Select

The initial down select process takes place in Phase 1. ESCO selection will be based on the evaluation of the following three factors: (1) Factor 1 - ESCO Past Experience, (2) Factor 2 - ESCO Past Performance, and (3) Factor 3 - ESCO Price Elements. Factors are of approximately equal importance.

Phase 2 - Selection

During Phase 2, the second down select process will be based upon one evaluation factor: (1) Factor 4 - Best Fit for Buildings. One responsible ESCO providing the best fit for each of the 3 projects may be selected to proceed with providing a PA.

B. EOI Response Requirements (Phase 1)

ESCOs shall provide an EOI response to the factors: 1) ESCO Past Experience, 2) ESCO Past Performance, and 3) ESCO Price Elements. All factors are approximately equal in importance.

Factor 1) ESCO Past Experience:

ESCOs are instructed to provide sufficient information to identify and describe the experience of the ESCO as prime contractor for similar projects, awarded since May 5, 2013, that meet the program objectives and project requirements listed in this NOO. GSA will accept work performed under contract modifications or contract actions implementing phased projects as experience under this Factor when the award date is clearly within the required time period.

Additionally, the ESCO must clearly identify the scope of work for each modification or project phase submitted as project experience. Awards submitted as modifications or phases for which the time period and scope of work is unclear may be rejected without further consideration.

ESCOs are instructed to submit five similar projects for evaluation. Projects will be considered “similar” if they clearly demonstrate at least five identified criteria listed below. For each submitted project, ESCOs should specifically identify the criteria that are met. For this factor, the ESCO may submit Utility Energy Service Contract (UESC) experience, however UESC experience is limited to two of the five similar projects. Additional UESC projects will not be considered.

Criteria for determining “similarity” of projects:

1. Projects demonstrate the ESCO’s achievement of deep energy retrofit goals resulting in at least 30% energy use intensity (EUI) reduction.

2. Building type: Buildings upgraded with ECMs were buildings listed on the National Register of Historic Places; office buildings; laboratory space; data centers;

warehouses; prisons; courthouses and military bases. Include a brief description of the facility including square footage, building type, pre-retrofit and post-retrofit EUI, occupancy, and approximate age of building.

3. Buildings/facilities occupied throughout construction: Identify whether or not the building(s) included in the project are or were occupied during the construction phase of the project.

4. Projects conducted in campuses or in multiple locations across a larger geographic area under one contract/task order. Provide the proximity of each location to the other locations under the contract/task order.

5. Energy savings guarantee during the performance period. ESCOs must demonstrate it achieved guaranteed savings as shown on the summary schedule, compared to the estimated savings as shown on Schedule TO #4, column f & h (if applicable). The contractual savings achieved must be shown as a percentage (include the formula showing the calculation) on Attachment C. Savings should be calculated using the most recent performance year completed. Present the savings information as an expression of the EUI (Mbtu/yr or Kgal/yr) and also stated in dollars.

6. ESCO was the primary borrower for financing the project.

7. Building(s) eliminating scope 1 emissions as defined in the Federal Building

Performance Standard (BPS).

8. ESCO designed and constructed a project with multiple buildings, locations, and

ECMs involving multiple building systems including any of the following systems:

heating and cooling systems, building envelope upgrades (including insulation and infiltration reduction), metering and submetering systems, building automation system controls, lighting and lighting controls, energy storage, variable frequency drives (VFDs), geothermal heat pumps, water or air source heat pumps, and photovoltaic (PV) or onsite renewable technologies.

Factor 1 Evaluation Standard:

https://www.sustainability.gov/pdfs/federal-building-performance-standard.pdf https://www.sustainability.gov/pdfs/federal-building-performance-standard.pdf

ESCOs are instructed to provide 5 similar projects awarded to them as Prime Contractor or as a utility’s primary subcontractor for UESC projects. At least three of the projects must be ESPC contracts or task orders, and at least one ESPC project must currently be in the Performance Period contract phase. ESCOs may submit UESC experience up to two similar projects. If more than five projects are submitted, only the first five will be considered for evaluation. If more than two UESC projects are submitted, only the first two will be considered for evaluation. Maximum length for ESCO submissions is 15 electronic pages (including Attachment C). If more than 15 pages are submitted, only the first 15 pages will be evaluated.

Factor 1 responses will be evaluated for relevancy. Relevancy is based on similarity to criteria identified above (1-8). The evaluation standard for this factor is met when the ESCO submits five similar projects, with three or more projects being ESPCs, and at least one ESPC project is in the Performance Period contract phase. Submitted UESC projects will be treated the same as ESPC’s for this evaluation standard.

Submitted references, as well as others, may be contacted for verification and assessment of ESCO past experience. Missing or incomplete Attachment C Tables will be considered a deficiency.

Meets the standard

a) Each project summary includes a completed table from Attachment C, and

b) Reserved.

c) Each project must correspond to a minimum of five of the items listed in criteria 1-8.

Exceeds the standard

a) Projects demonstrating the achievement of greater than 30% EUI reduction will be considered more favorably.

b) Submissions including more than one project in the Performance Period phase will be considered more favorably.

c) Projects in the Performance Period which demonstrate actual, achieved energy and water savings either meeting or exceeding the guaranteed savings through measurement & verification will be considered more favorably.

d) Projects include eliminating scope 1 emissions as defined in the BPS.

Factor 2) ESCO Past Performance:

ESCOs are instructed to furnish completed Past Performance Questionnaires for each of the five similar projects provided under Factor 1.

Past Performance Questionnaires must be received by the GSA directly from the references. If more than 5 questionnaires are received for an ESCO, only the questionnaires that correspond to the evaluated projects submitted for Factor 1 will be evaluated. If multiple questionnaires are received for a single project, only the first questionnaire received for that project will be evaluated. The Government is not responsible for past performance submissions. The ESCO is responsible for checking with their references to ensure all questionnaires are timely submitted. Questionnaires received after the closing date and time will NOT be evaluated.

The Government is not limited to reviewing only those references provided by the ESCO. Past performance may be evaluated based upon information provided by the ESCO’s references, information available to the Government on CPARS, and direct knowledge of the evaluators or the contracting officer. The Government may consider the ESCO’s performance on contracts not submitted by the ESCO that the Government is aware of or becomes aware of as a result of reference questionnaires or other means.

Factor 2 Evaluation Standard:

An ESCO with fewer than 5 Past Performance Questionnaires for similar projects will be rated neither favorably or unfavorably for the unsubmitted Past Performance Questionnaires;

however, GSA reserves the right to contact references to ascertain if the missing Past Performance Questionnaire(s) were simply not submitted, or if there was a problem with electronic submission. Written comments will be reviewed for consistency with the performance rating assessed and inconsistencies may result in an adjustment to the evaluation rating for this factor.

Meets the standard:

a) None of the references rate any questionnaire items below a satisfactory/neutral rating, and

b) Each reference indicates a willingness to contract with the ESCO again.

Exceeds the standard:

a) The overall rating for 2 or more projects is above average or outstanding. More projects with an overall rating of above average or outstanding will be rated more favorably.

Factor 3 Price Factors:

Provide quotes for the cost elements listed below. Although the final TO firm fixed price is established through negotiation, the quotes provided in response to this NOO will become ceiling rates in negotiations with the selected ESCO(s). ESCOs are encouraged to provide their best rates up front taking into account the deep energy retrofit goals and objectives established herein.

● Profit and overhead markup rate elements:

○ Implementation phase overhead %

○ Implementation phase profit %

(Please note – we are not asking for the Implementation Delivery Percentage. The quoted rates should reflect what will be displayed as Overhead Percent and Profit Percent on Schedule TO-2b).

● Hourly labor rate quotes (loaded to include fringe benefits) for Senior Project Manager and Senior Project Developer (or comparable positions);

● Optional Narrative – ESCOs may provide additional price-related information that GSA should consider in its ESCO selection (e.g., explanations for any of the requested cost elements; financial benefits of working with the ESCO).

Factor 3 Evaluation Standard

ESCOs will be evaluated on whether they provide complete price information and all price elements are considered reasonable and favorable based on a comparison to the GSA independent government estimate (IGE). ESCOs are limited to a total of 3 electronic pages for this factor. Any additional pages will not be evaluated.

Meets the standard

a) All required pricing element information is received.

b) All pricing elements are considered favorable based upon comparison to the GSA IGE.

Exceeds the standard

a) A higher evaluation rating for this factor may be given when the ESCO’s implementation price (overhead % and profit %) compares more favorably to the GSA IGE; or when

b) ESCO demonstrates other financial benefits advantageous to the Government.

GSA may reject EOIs with cost element quotes determined to be unreasonably high. In addition to the criteria above, GSA reserves the right to obtain and evaluate ESCO credit ratings.

C. EOI Response Requirements (Phase 2)

The Phase 2 evaluations will be based upon one evaluation factor: (1) Best Fit for Buildings Table and Narrative.

Factor 4) Best Fit for Buildings:

ESCOs shall submit a separate, complete response for each specific project for which it is interested in pursuing a PA. The desired information for each response is defined in the items listed below. The Government will review the submissions to determine which ESCO(s) is/are best qualified for assignment to each individual project. The Government intends for 3 projects to be assigned. As a condition of its participation in this NOO, each ESCO accepts, for purposes of moving to the PA stage, the Government’s assignment of projects outlined in Attachment A. Responses are limited to five (5) electronic pages per project - excluding a project list. Responses that exceed 5 electronic pages will result in evaluation of the first 5 pages only.

ESCOs are not required to submit a response for a project for which it is not interested in pursuing a PA. ESCO responses received for each specific project will be evaluated to select the ESCO that represents the best fit for each project.

Responses shall explain why selecting the ESCO to move to the PA stage for the relevant individual project would be in the Government’s best interest. The EOI response for this factor shall include, but is not limited to:

1. Quoted fee for Project Development Price expressed as a % of implementation costs.

The rate will be evaluated against the IGE and used as a ceiling % rate in negotiations with the selected ESCO. Note, ESCO’s are encouraged to submit a competitive rate based on the project requirements for the building group / project it is interested in.

2. ESCO’s experience as prime contractor working in similar types of facilities to those covered by the specific project.

3. ESCO’s experience and knowledge in working in the particular project’s GSA Region as a prime contractor.

4. A list of past ESPC contracts or TOs awarded since May 5, 2013 to the ESCO as prime contractor, performed in the GSA Region of each GSA project for which the ESCO would like to be considered. Identify any experience with meeting the goals identified in EO 14057 and the BPS. Include the implementation price of each contract/task order.

This list is excluded from the page limitation for Factor 4.

5. A narrative disclosing the ESCO’s relationship (if any) with equipment vendors (e.g., whether the ESCO is an Original Equipment Manufacturer; Distributor; or preferred supplier). If such a relationship exists, explain the economic benefits available to the Government resulting from the relationship, and whether the relationship will limit the ESCO’s choice of equipment or technical solutions.

Project specific information:

ESCOs interested in being considered for the NCR-1 project must have at least one person on the project with a TOP SECRET clearance level. Provide the full legal name of the individual(s) with this clearance designation. Clearance level and additional guidance is provided on the Department of Defense Contract Security Classification Specification (DD Form 254). Provide qualifications and experience designing, constructing, commissioning, owning, operating, and maintaining building systems aimed at decarbonization including electrification. Provide a narrative describing how the ESCO will structure whole building solutions to implement deep energy retrofits including renewables. ESCOs with an active TOP SECRET clearance level will be considered for this project.

ESCOs interested in being considered for the NCR-2 project must provide qualifications and experience designing, constructing, commissioning, owning, operating, and maintaining building systems aimed at decarbonization, including electrification. Provide a narrative describing how the ESCO will structure whole building solutions to implement deep energy retrofits including renewables.

ESCOs interested in being considered for the Region 5 project are instructed to provide qualifications and experience designing, constructing, commissioning, owning, operating, and maintaining building systems aimed at decarbonization including electrification and geothermal systems. A significant photovoltaic (PV) array is envisioned. Include ESCO recommendation for maintaining geothermal systems ensuring the estimated/guaranteed savings is met during the performance period.

Describe any advantages for providing PV arrays. All ESCOs will be considered for this project.

Factor 4 Evaluation Standard:

Factor 4 will be evaluated in relation to how effectively an ESCO has demonstrated its preference and fit for any regional project building group that serves the best interest of the Government. In determining the Government’s best interest for Factor 4, the Government will consider risk to the Government, burden on the Government, overall alignment of the

ESCO’s experience with the anticipated requirements of each project and the reasonableness of the Project Development Fee %. Information submitted for Phase 1 evaluation will not be re-evaluated in Phase 2. ESCO submissions for Factor 4 should provide any and all information the ESCO would like considered for this evaluation factor, including information that may have previously been included in their Phase 1 submittal.

Meets the standard:

a) The quoted IGA fee (project development fee) % is favorable in comparison to the

IGE.

b) The ESCO has provided all requested information.

c) ESCO’s experience / knowledge in working in the particular GSA region as a prime contractor.

d) For the NCR-1 project, at least one person on the project team must have a TOP

SECRET clearance.

Exceeds the standard:

a) More favorable project development fee %’s in comparison to the IGE.

b) Demonstrated ESCO experience more closely aligned to the project description will result in a more favorable rating for this factor. Alignment can be demonstrated by the implementation of multiple ECMs that are similar or identical to those shown in the NOO Attachment A.

c) ESCO demonstrates existing vendor relationships that would likely lead to advantageous equipment pricing (provided that proposed equipment is compliant with applicable standards, including the GSA Facilities Standards for the Public Buildings Service (P100)).

d) Any other credible benefits identified by the ESCO.

e) For the Region 5 project, experience working in multiple states will be rated more favorably.

D. EOI Response Format:

The “ESCO Expression of Interest” template found on the DOE/FEMP website should not be used in responding to this notification. ESCOs are required to comply with these instructions, paying particular attention to page limitations. Email attachments should be submitted in PDF format. ESCO’s are encouraged to minimize use of high color, graphic design pages including section breaks. ESCO EOIs that do not conform with these instructions may be rejected without further evaluation.

The EOI shall consist of the following:

Cover Letter: The cover letter shall express the ESCO’s interest in the GSA NDER Round 7 Program, identify a primary and secondary point of contact (including name, title, address, phone number, and email address) where Government correspondence can be directed, and be signed by an authorized representative of the company. It shall also list the DOE IDIQ Contract Number, ESCO Unique Entity Identifier (UEI), and invoice remittance address.

Include a preference statement indicating which projects are of interest to the ESCO, including any projects that are not of interest. No information contained in the cover letter will be evaluated as part of the evaluation factors. Cover letters may include introductory information desired by the ESCO.

ESCOs shall submit a single cover letter as a separate, stand-alone electronic file, titled:

NDER 7 [ESCO NAME] Cover Letter.

Phase 1: ESCOs shall submit Phase 1 as a separate, stand-alone electronic file titled:

NDER 7 [ESCO name] Phase 1. Phase 1 shall fully and adequately address the ESCO’s response to Factors 1, 2, and 3. The ESCO’s Phase 1 response is limited to a total of 18 electronic pages, as defined below. ESCOs are discouraged from including blank pages or pages separating parts of the submission. Any such pages will be included in the total page count.

1. ESCO Past Experience (Phase 1, Factor 1): Maximum length for ESCO submission is 15 electronic pages (including Attachment C).

2. ESCO Past performance (Phase 1, Evaluation Factor 2): Submit the name and contact information (phone number and email) for each project reference point of contact.

Note: Past Performance Questionnaires will not be included in the EOI submission (including page count). Past Performance Questionnaires submission shall follow the direction in Factor 2) ESCO Past Performance. All Past Performance Questionnaires shall be submitted and received by June 19, 2023 at 12:00pm ET. When ESCOs submit completed Past Performance Questionnaires from previous projects, they are strongly cautioned to make sure the project Past Performance Questionnaire meets the requirements for the evaluation factor as written in this NOO.

3. Price Elements (Phase 1, Factor 3): Maximum length for this factor submission is 3 electronic pages.

Phase 2: ESCOs shall submit Phase 2 as separate, stand-alone electronic file(s) for each of the projects for which the ESCO is interested in performing a Preliminary Assessment. For example: If an ESCO is submitting for 2 projects, it shall prepare and submit 2 electronic files, one for each Phase 2 project. Responses for multiple projects may be transmitted in a single email. Electronic file names shall be titled:

● NDER 7 [ESCO name] Phase 2, Region NCR-1

● NDER 7 [ESCO name] Phase 2, Region NCR-2

● NDER 7 [ESCO name] Phase 2, Region 5

1. Best Fit for Buildings (Phase 2, Evaluation Factor 4): Maximum length for ESCO submission is 5 electronic pages excluding required project list).

E. EOI Response Submission Instructions:

Submit an electronic EOI response via email to both Sharon Conger at sharon.conger@gsa.gov and Heidi Johnson at heidi.johnson@gsa.gov by the EOI due date and time of 12 noon Eastern Time on June 20, 2023. The email shall contain separate attachments for the Cover Letter, Phase 1, and Phase 2 responses. The Phase 2 attachment(s) will not be viewed by GSA until Phase 1 is complete and unless the ESCO is selected for Phase 2 consideration.

Project references shall submit, via electronic mail, the completed GSA Past Performance Questionnaire directly to both Sharon Conger at sharon.conger@gsa.gov and Heidi Johnson at heidi.johnson@gsa.gov by 12 noon Eastern Time June 20, 2023. It is the ESCO’s responsibility to ensure that Past Performance Questionnaires are submitted. GSA will not be tracking Past Performance Questionnaire submissions prior to the NOO EOI due mailto:sharon.conger@gsa.gov mailto:heidi.johnson@gsa.gov mailto:sharon.conger@gsa.gov mailto:heidi.johnson@gsa.gov date.

Please note:

1. Except as provided in FAR 52.215-1(c)(3)(ii)(A), late submissions will not be considered and will be rejected without evaluation.

2. No data or literature of any kind, other than that specified in this NOO will be accepted.

3. GSA responses to ESCO questions submitted during the NOO period shall be issued as amendments to this NOO and made available to all ESCO contract holders.

4. An acknowledgement of receipt of this NOO is requested from all ESCOs. For ESCOs not interested in this invitation, a negative response is requested.

5. Questions regarding this NOO should be submitted to heidi.johnson@gsa.gov and sharon.conger@gsa.gov no later than May 26, 2023 at 12 noon Eastern Time.

F. INFORM Procedures

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM) Process

This solicitation is part of GSA’s post award communication process called INFORM.

The process is designed to enhance the quality and usefulness of pre-award and post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting2 that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

B. Detailed Description of the INFORM Process

B.1. Component 1.A - Phase 1 Down-Select Notification

After Phase 1 down-select, and in accordance with any pre-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written letters to the successful offerors selected to move forward to Phase 2. The contracting officer will also issue written notices to offerors that were not selected to proceed to Phase 2 (the Notification Letter and Evaluation Statement (NLES)). This NLES will contain:

All information required by statute or regulation;

An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the offeror’s phase 1 strengths, weaknesses, risks, and deficiencies.

2 The oral feedback meeting may be held in person or via an electronic means.

mailto:heidi.johnson@gsa.gov mailto:sharon.conger@gsa.gov

Component 1.B - Notification of Selection

After selection and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification Letter and Evaluation Statement (NLES)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting; and

● Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

Attachments:

Attachment A, EOI Supplemental Data Attachment B, Past Performance Questionnaire Attachment C, Table for Factor 1 Experience https://docs.google.com/spreadsheets/d/1HB9L44gAqZdXNBiLbKFPjnf868OVOS41tgBpBurBUZw/edit#gid=1127726862 https://docs.google.com/document/d/1QPJ0gE22rogO5xRLB5l6zrAWIpFtdih1/edit https://docs.google.com/document/u/0/d/1IExVQdfLQ1sR_JhhPWKDYX8MsVAHbNrsEId1sNn_6uw/edit