rfp-484-26.pdf

STATE OF NEW HAMPSHIRE, DEPARTMENT OF CORRECTIONS

Request for Proposals (RFP) For Energy Performance Contracting Services

For: Ten (10) state-owned Correctional facilities in NH RFP#484-26, Issue Date:

February 2, 2026

The State of New Hampshire, Department of Corrections (DOC), pursuant to RSA 21‐I:19 – a‐e, requests proposals from qualified Energy Services Companies (ESCOs) to implement energy and resource conservation measures at ten (10) state‐owned correctional facilities at multiple locations in New Hampshire. The State of New Hampshire intends to select an ESCO to conduct an Investment Grade Audit (IGA) of the correctional facilities listed in Appendix A with the option, at the sole discretion of the State, to implement an Energy Saving Performance Contract with a construction phase and post‐construction service phase.

Proposers will evaluate one (1) representative building specified in this RFP (listed in Attachment A). Based on the evaluation of this building and the proposal submitted, the State may select an ESCO to perform an IGA of all 10 buildings.

The State of New Hampshire may cancel this RFP, or may reject in whole or in part any and all Proposals if the State determines that cancellation or rejection is in its best interest. The State also reserves the right to award a contract based on certain portions of the proposed Scope of Work.

Projected Schedule of Events:

Notification and Issuance of RFP February 2, 2026 Pre‐Proposal Conference and Site Visit March 10, 2026 Deadline for Proposer Questions March 27, 2026 Responses to Proposer’s Questions April 3, 2026 Proposal Deadline April 16, 2026, at 12:00 NOON

Proposals must be received no later than April 16, 2026, at 12:00 NOON submitted to:

State Offices Main Building

Department of Administrative Services c/o Bureau of Purchase and Property

Concord, NH 03301

The State will return late proposals unopened.

Pre‐Proposal Conference and Site Visit: March 10, 2026; 10:00am; Location: Northern NH Correctional Facility, 138 East Milan Road, Berlin, NH 03570

Attendance is optional. Please note that all forms in Attachment B must be returned prior to admittance into any DOC facilities. Background checks must be completed and approved prior to admittance into any DOC facilities.

Please contact Heidi Laramie at 603-271-1868 or heidi.h.laramie@doc.nh.gov prior to 4:00pm on March 9, 2026, to reserve a place at the pre‐proposal conference.

Table of Contents

1. Definition of Terms

1.1. Definitions

2. Overview and Background

2.1. Statement of Purpose and Authority

2.2. Scope of Work

2.2.1. Phase I – Investment Grade Audit

2.2.2. Phase II – Project Contract, Construction, Commissioning, and Financing Phase

2.2.3. Phase III ‐ Post‐Construction M&V and O&M Phases

2.3. Financing

2.4. General Description of Facilities

3. Request for Proposal Submission and Selection Process

3.1. General Terms of the RFP

3.1.1. Proposal Ownership/Disposition

3.1.2. Modification or Withdrawal of Proposals

3.1.3. Late Proposal Submittals

3.1.4. Proposal Rejections

3.1.5. Proposal Confidentiality

3.1.6. Proposal Submission and Selection Costs

3.1.7. Communications Regarding this RFP

3.1.8. Modification of the RFP

3.1.9. Right to Reject Proposals

3.1.10. Disqualification of Proposers

3.2. Request for Proposal (RFP) Submittal Format and Instructions

3.2.1. Preparation of Proposals

3.2.2. Submitting Proposals

3.2.3. Proposal Delivery Instructions

3.2.4. Period of Irrevocability

3.3. RFP Selection Process

3.3.1. Pre‐Proposal Conference and Site Visit

3.3.2. Evaluation of Written Proposals

3.3.3. Interviews, Selection, and Contract Negotiation (at the State’s discretion)

3.4. Examination of Request for Proposals and Contract Forms

3.5. Questions Regarding the RFP and the Procurement Process

3.6. Selection and Negotiation

4. Proposal Format, Requirements, and Instructions

4.1. General Instructions and Proposal Format

4.1.1. Minimum Criteria to Bid

4.1.2. Information Required in Proposals and Packaging Instructions

4.1.3. Proposal Format

4.2. Proposal Agreement Form – Section A of proposal

4.2.1. Certification of Independent Price Determination

4.2.2. Proprietary Data

4.2.3. Proposer Acceptance of Terms and Conditions

4.2.4. Transmittal Letter

4.2.5. Standardized Written and Electronic Forms

4.3. Proposer and Team Identification, Qualifications, and References – Section B of Proposal

4.3.1. Proposer and Team Identification and Information

4.3.2. Identification of Key Personnel

4.3.3. Financial and Legal Information

4.3.4. Project References

4.3.5. Sample Investment Grade Audit and Sample Measurement and Verification Plan

4.4. Technical Approach – Section C of Proposal

4.4.1. Project Summary and Plan

4.4.2. Facility Impact

4.4.3. M&V Plan

4.4.4. Training

4.4.5. Operation and Maintenance

4.5. Management Approach – Section D of Proposal

4.5.1. Responsibility and Management Approach

4.5.2. Resources

4.5.3. Project Schedule

4.6. Financial Approach and Guarantees – Section E of Proposal

4.6.1. Cost for the Investment Grade Audit

4.6.2. ECM Costs and Savings – Form E‐2, and Service Agreement ‐ Form E‐3

4.6.3. Itemized Cost Details ‐ Form E‐4

4.6.4. Guarantees

4.6.5. Contract Bond

5. Evaluation Procedures and Selection Criteria

5.1. Procedure for Proposal Evaluation and Contractor Selection

5.2. Selection Criteria and Criteria Weighting

5.2.1. Technical Approach (35 points)

5.2.2. Energy Savings (20 points)

5.2.3. Project Cost (20 points)

5.2.4. Qualifications, Experience and Resources (10 points)

5.2.5. Management Approach (10 points)

5.2.6. Presentation to the RFP (5 points)

A. Appendix A – Facility Data and Information

a. Disclaimer

b. General Information

i. FTP Site

ii. Facilities (See Attachment A – Building Summary)

iii. Primary Building Contacts

iv. Facilities Directions

v. Climate Conditions http://www.ncdc.noaa.gov/cdo‐web/datatools/records

vi. General Utility Information

vii. Energy Cost and Consumption

viii. Standards of Service and Comfort

ix. Hazardous Waste

x. Facility Descriptions

c. Energy Conservation Measures

i. Energy Conservation Measure Descriptions

B. Appendix B – Proposal Forms, Responses, and Submittals

a. Form A‐1: Certificate of Independent Price Determination

b. Form B‐1: Proposer Information

c. Form E‐1: Estimated Cost of Investment Grade Audit http://www.ncdc.noaa.gov/cdo

d. Form E‐2: Summary of Proposed Energy Efficiency Measures – Costs and Savings

e. Form E‐3: Proposed Annual Service Agreement

f. Form E‐4: Itemized Cost Details

C. Appendix C ‐ Agreement to Perform an Investment Grade Audit

D. Appendix D – Sample “Guaranteed Savings Energy Performance Contract”

1. Definition of Terms

1.1. Definitions:

• Agreement – The Guaranteed Energy Savings Performance Contract, including all appendices and exhibits, amendments and supplements, and the accepted Investment Grade Audit (IGA).

• Agreement Price – The total construction phase cost of Energy Conservation Measures (ECMs) including Technical Assistance, Project Oversight, and M&V costs for which bank financing will be secured.

• Baseline Energy Use – A calculation of energy use of a building or piece of equipment for the specified period of fiscal year 2024 that is used to project energy use had the project not been implemented.

• Business Day – A business day shall mean Monday through Friday, exclusive of state and federal legal holidays.

• Commissioning Report – The report provided by the Contractor to the State after installation of an ECM to verify that the specified equipment has been properly installed, is functioning properly, and with proper maintenance and operation has the potential to generate the predicted energy unit savings.

• Contract Bond – A Payment and Performance Bond ‐ Insurance to be carried by the Contractor during the entire construction phase. The Contract Bond shall comply with RSA 447:16 and be executed by the Contractor and their Surety or Sureties, guaranteeing complete execution of the contract and all supplemental agreements pertaining thereto including the payment of all legal debts pertaining to the Total Project.

• Contract Price – Agreement price + total grants and rebates.

• Contractor – The Energy Services Company that is a Proposer to the Request for Proposal.

• Energy Conservation Measures (ECM) – Each and all of the new devices or systems; or modifications of existing systems; or revised procedures for facility operation; furnished, installed, and/or implemented by the Contractor for the purpose of reducing energy use and achieving the Guaranteed Energy Savings.

• Guaranteed Energy Savings Performance Contract (GESPC) – The Agreement between the Contractor and State to implement Energy Conservation Measures (ECMs). A program of services, including Investment Grade Audits and building maintenance and financing services, primarily intended to reduce the cost of energy and water in operating buildings, which may be paid for, in whole, by cost savings attributable to a reduction in energy and water consumption that result from such services. The GESPC contract may extend for a period not to exceed twenty years. The allowable length of the contract may also reflect the useful life of the cost savings measures.

• Guaranteed Energy Savings – A guaranteed (by the Contractor) measured reduction in the units of fuel, energy, and water based on baseline energy cost assumptions.

• Investment Grade Audit – An audit of existing energy systems of a facility for the purpose of proposing ECMs and verifying that the proposed ECMs have the potential to generate energy savings and meet the financial requirements within the specified contract term.

• Measurement and Verification (M&V) – The process of monitoring and measuring the energy consumption of a facility or specific equipment or systems, before and after implementation project completion, to determine if guaranteed or predicted energy savings are being realized.

• Operations and Maintenance (O&M) – The process of operating and maintaining newly installed energy saving equipment and recently modified existing equipment. The O&M plan should delineate responsibilities of the Contractor versus those handled by the State.

• Plans – The graphic and pictorial documents or reproductions which show the location, character, dimensions, and details of the prescribed work.

• Project – The energy and cost reduction program contemplated by this Request for Proposal.

• Project Acceptance – The written Certificate of Final Completion and Acceptance as issued by the

State to the Contractor that it has accepted the Project as complete and installed in accordance with the design, equipment, implementation and commissioning standards as set forth in the performance contract.

• Project Schedule – A chart that depicts project duration and major milestones.

• Request for Proposals (RFP) – A written document issued by the State of New Hampshire that invites potential responders (Energy Services Companies) to submit proposals outlining their qualifications to perform the Energy Management Services for the State, a cost proposal, and other information as required.

• Schedule of Values – Provides the total turnkey price for each ECM and the estimated draw schedule for payments to be made by the State to a contractor during the construction phase of the Energy Savings Performance Contract.

• Specifications – Information that consists of written requirements for material, equipment, construction systems, standards and workmanship, and other documents or reports as applicable.

• Standards of Service and Comfort – Sets the minimum temperature, humidity, or other heating, cooling and ventilation requirements.

• State – The State of New Hampshire.

• Third-Party Financing – Project financing provided to the State by an independent financial institution.

• Total Project Cost – Agreement Price + Estimated Financing + Estimated Grants and Rebates. All costs associated with the development and implementation of an Energy Savings Performance Contract, including, but not limited to: Investment Grade Audit; ECM design, procurement and installation; payment and performance bonds and insurance; interest charges; training of facility staff; Technical Assistance and Project Oversight; Measurement and Verification; maintenance and service; project management; and contractor overhead and profit.

2. Overview and Background

2.1. Statement of Purpose and Authority

The State of New Hampshire, Department of Corrections, (hereinafter referred to as “the State”) seeks proposals, pursuant to RSA 21‐I:19 a‐e, from qualified Energy Services Companies (hereinafter referred to as The Contractor, The Proposer) to conduct an Investment Grade Audit (IGA) of certain correctional facilities in New Hampshire as identified in Appendix A – Facility Data and Information and to implement a Guaranteed Energy Savings Performance Contract.

The proposed project is governed under New Hampshire statutes 21‐I:19 a‐e. As required in New Hampshire RSA 21‐I:19‐d (f) – “Any energy performance contract should require the contractor to include all energy efficiency improvements in selected buildings that are calculated to recover all costs within 20 years from the date of project implementation at existing energy prices. The contract shall require that the public utility or energy services provider be repaid only to the extent of energy cost savings guaranteed by the contractor to accrue over the term of the contract.”

The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the applicable funding authority. If that authority fails to appropriate sufficient funds to provide for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which allocations were made.

Proposers shall evaluate the one (1) facility, specified in Section 2.4, which represents the type of measures that will be found in the entire set of ten (10) buildings. Once a Contractor has been selected, the ensuing IGA will be for the entire set of ten (10) buildings listed in this RFP. The State is interested in contracting for a full‐range of Energy Conservation Measures (ECMs) that first maximize reductions in energy use and cost, but also encourage fossil‐fuel reductions over time. Proposals shall at a minimum address improvements associated with the following energy savings categories:

• Building Automated Control Systems

• Building Envelope

• Domestic Hot Water Systems

• Electric Distribution System and Transformers

• Equipment e.g. Compressors

• Heating, Ventilation and Air Conditioning

• Lighting Systems and Controls, including exterior lighting

• Plug‐Load Control

• Premium Efficiency Motors and Variable Frequency Drives

• Renewable Energy

• Water Conservation

• Additional Measures

All proposals shall consider the following information:

• Natural gas or fuel oil systems will be considered the primary heating source for all buildings. Proposers are encouraged to add supplemental heating systems and fuel switching where energy or financial savings dictate.

• Variable Refrigerant Flow systems (VRF)/heat pumps will not be considered as primary heat sources below 40° F nor will they be considered as back‐up systems in the event of boiler/furnace failure when outside temperatures are below 40° F.

• All ECMs shall comply with currently adopted codes of the State of New Hampshire, including ventilation and humidity requirements.

• Measures proposed in correctional facilities should consider the American Correctional Association (ACA) standards.

• Recognize the historic nature of all ten of the State’s facilities and shall therefore propose ECMs that do not violate any historic features.

The State is also interested in services that would not reduce consumption per se but are aimed at cost savings, such as fuel switching, installation of renewable sources, demand reductions, or rate class switching.

2.2. Scope of Work

The Guaranteed Energy Savings Performance Contract project has three phases:

2.2.1. Phase I – Investment Grade Audit

A contract for an Investment Grade Audit (IGA) will be developed with the selected Contractor and is subject to Governor and Executive Council approval. The IGA will identify all feasible energy/water conservation, load management, and renewable resource options with benefits exceeding all related costs over the contract term. Options must be able to improve energy performance, in terms of reduced consumption, and comply with applicable ASHRAE standards while maintaining existing equipment performance and reliability.

The Contractor shall furnish a written report of its findings, including a list of proposed Energy Conservation Measures [ECMs]. Each ECM must include the following information:

• Project scope

• Project economics – project cost, savings and cash‐flow over the proposed financing term.

The Contractor must ensure that ECMs provide a net neutral or positive cash flow and meet the investment criteria set by the State. Energy measures proposed must meet a 20‐ year payback in the aggregate, and 10-year payback for the NH State Prison for Men in Concord.

• Proposed project measurement and verification plan.

• Available rebates, tax credits, and grants that are applicable for the procurement and implementation of energy and resource efficient equipment through utility companies, equipment manufacturers and distributors. These rebates, tax credits and grants should be noted for each ECM in section 4.4.1 as part of the detailed description of an ECM but shall NOT be used to reduce individual ECM project costs and shall NOT be included in the determination of payback periods since they cannot be guaranteed by the ESCO at this stage.

A payback period of 20‐years or less must be achieved for the project as a whole. The payback period is calculated by dividing the sum of ECM Costs plus financing costs by the annual net reductions. Special consideration should be taken for the NH State Prison for Men in Concord.

Proposers should take into consideration the possibility of a new facility being constructed as soon as ten years from now. Any proposed measures should either pay for themselves within the 10-year period or have the ability to be utilized in the future under the new proposed use of the existing facility or in a new facility.

2.2.2. Phase II – Project Contract, Construction, Commissioning, and Financing Phase

An Energy Savings Performance Contract may be negotiated following the IGA and is subject to Governor and Executive Council approval. The contract establishes the project scope and costs, and provides for construction‐related activities such as: design, acquisition, installation, modification, and commissioning as‐well‐as the follow‐up services to be provided during the financing term. A separate financing agreement will be developed.

To support the Project contract development process the Contractor will:

• Provide a final version of Form E‐2 which is a Summary of Proposed Energy Conservation Measures and their individual and aggregated costs, proposed dollar and energy net reduction guarantees, and payback periods. Potential rebates and incentives can be noted by ECM but should not be included in the cost or payback period calculations. All differences between the Form E‐2 submitted as part of the proposal and the Form E‐2 submitted with the IGA must be explained in writing by the Contractor.

• Provide a detailed construction schedule that identifies the total project duration and the major milestones for the implementation of ECMs.

• Provide schematic drawings, site plans and written specifications as required for the construction of new boiler plants/additions. Note: All engineering plans and specifications of this nature must be approved at their 50% stage by the State prior to the finalization of the GESPC contract.

• Itemize cost details by ECM for the following cost categories:

o M&V o ECM Development and IGA costs o Detailed Engineering o Project/Construction Management o Commissioning o Training o Overhead o Profit o Bonding o Other Costs o Technical Assistance and Project Oversight (the total dollar amount to include will be provided by the State in discussion with the Contractor)

• Provide a Schedule of Values that itemizes the proposed monthly draws by ECM.

• Provide a summary of the Operation and Maintenance Service (O&M) responsibilities for the State and the Contractor during the service phase of this project.

Once the Project contract is approved by the Governor and Executive Council, a pre‐ construction meeting will be scheduled by the State with the Contractor within 15 Business Days to agree on communications, rules, procedures, schedules, Contractor payments, and all other such matters that pertain to the implementation of the Energy Conservation Measures.

A Commissioning Report is provided by the Contractor to the State after installation of an individual ECM to verify that the specified equipment has been properly installed, is functioning properly, and with proper maintenance and operation has the potential to generate the predicted energy unit savings.

Upon the completion and acceptance of all Project construction work, the State will issue Certificate of Final Completion and Acceptance that it has accepted the Project as complete and installed in accordance with the design, equipment, implementation and commissioning standards as set forth in the performance contract.

2.2.3. Phase III ‐ Post‐Construction M&V and O&M Phases

After construction, the Contractor shall offer a variety of services to ensure savings are met, such as: measurement and verification [a savings guarantee]; operation, maintenance and repair; and, training in the operation, maintenance and repair of existing and new equipment.

Specifically, the Contractor must:

Develop and implement a Measurement and Verification (M&V) plan in accordance with concepts and definitions in the International Performance Measurement and Verification Protocol (IPMVP) and in coordination with the Department of Corrections facility administrator.

Post‐installation energy use will be based, in part, on initial performance verification by the Contractor and the State that the proper equipment/systems were installed, are operating correctly, and have the potential to generate the potential savings. Verification methods may include visual inspections, spot or short‐term metering, and engineering calculations.

The Contractor and the State, at least annually, will verify that the installed equipment/systems have been properly maintained, continue to operate correctly, and continue to generate the guaranteed savings.

Develop an Operations and Maintenance (O&M) plan. The Contractor will provide operations, maintenance, repairs, and training for contractor‐installed equipment, or state‐owned equipment that has been modified, for the term of the agreement. At a minimum, training is required at or just prior to acceptance and just prior to the end of the contract term. The Contractor at its sole expense shall be responsible for periodic inspections, tests, adjustments, and measurement and verification required for sustaining and/or restoring energy systems to as‐designed performance and performance requirements of the contract. The Contractor shall provide operations and maintenance training and manuals for the state facility staff.

The Contractor shall provide training to state maintenance staffs to conduct routine maintenance including belt and filter changes, single lamp replacements at standard ceiling height, minor cleaning, minor lubrication, simple program changes to controls, etc.

on equipment. The Contractor is responsible for working with the State to finalize a maintenance plan that works for the State and its staff. The plan will be well documented to indicate which party is responsible for each item.

Any maintenance agreement will be negotiated with the vendor that is awarded the ESPC. For proposal purposes, vendors should assume that the State will perform any maintenance that is similar to what they are currently performing.

Circumstances arise occasionally during the RFP process and project development, such as new buildings coming on‐line, which make it necessary to modify the scope of work for a performance contracting project. Therefore, the State reserves the right to adjust the project’s scope of work at any time to provide for a twenty year or less payback and to maximize the energy cost savings of the project. The scope of work may be expanded to accommodate additional buildings and ECMs, or reduced to fewer buildings and other modifications if the State determines it is in the best interest of the State. Additionally, the State may specify a modified scope and duration for Measurement and Verification.

2.3. Financing

The State intends to finance projects resulting from the RFP via a Third-Party Financing agreement. For purposes of considering the State’s Third-Party Financing agreements, use the following financial information:

• Rate: 4%

• Term: Not to exceed 20 years

• Number of Payments to Lender One per year

• Contractor Payments: Monthly in arrears

• Advance Payments to Contractor: None

Projects implemented through contracts resulting from this RFP will be conducted as guaranteed savings energy performance contracts with contractor payments specified in a fixed payment schedule (Schedule of Values). Energy performance must be guaranteed to equal or exceed the costs of implementing the project. No contract shall exceed 20 years in duration. All contracts are subject to annual appropriations.

2.4. General Description of Facilities

The state buildings and operations for which Energy Management Services are requested are listed in Appendix A, Facility Data and Information. These ten (10) facilities are approximately 765,000 square feet and the aggregate FY24 utility bill (including fuel oil, electricity, natural gas, water and sewer) was $4,157,450. The facility to be evaluated in this RFP is the Northern NH Correctional Facility. This facility has an area of approximately 190,000 square feet and had a FY24 utility bill (including electricity, natural gas, water and sewer) of $1,282,000. Please use fiscal year 2024 as the baseline for all energy calculations. Appendix A of this RFP offers pertinent utility data and information that can be used by the proposers to judge the economic viability of the project. Appendix A also includes information on required facility and equipment performance and standards of service.

*Note – In Form E2 Database, the sewer data is listed under the category “Water & Sewer”. This is a technical error with the database. Water data is listed separately under the category "Water”.

3. Request for Proposal Submission and Selection Process

3.1. General Terms of the RFP

3.1.1. Proposal Ownership/Disposition

All submittals shall become the property of the State of New Hampshire and will be returned only at the State’s option and the proposer’s expense. In any event, at least one copy of each proposal will be retained for the State’s official files.

3.1.2. Modification or Withdrawal of Proposals

Any proposal may be withdrawn or modified by written request of the Contractor, provided such request is received by the State at the above address prior to the due date for proposals.

3.1.3. Late Proposal Submittals

Late submittals shall not be evaluated.

3.1.4. Proposal Rejections

The State 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.

3.1.5. Proposal Confidentiality

Marking of the entire proposal or entire sections of the proposal (e.g. pricing) as confidential will neither be accepted nor honored. Refer to section 4.2.2 of this RFP for further details.

3.1.6. Proposal Submission and Selection Costs

The State 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 including site visits, presentations, and preliminary engineering analysis.

3.1.7. Communications Regarding this RFP

Questions and requests for clarification on this Request for Proposals must be submitted in writing (via mail, hand‐delivery or email) following the instructions posted in the Notice. No verbal inquiries will be addressed. Communications should be sent to Ryan Fuller at Christopher.r.fuller@das.nh.gov or delivered to Ryan Fuller, Administrator, Bureau of Purchase and Property, 105 Pleasant Street, Concord, NH 03301.

3.1.8. Modification of the RFP

The State may modify, or provide clarifications to the RFP prior to the date and time fixed for mailto:Christopher.r.fuller@das.nh.gov submission of proposals by issuance of an addendum posted to the Purchase and Property website, https://apps.das.nh.gov/bidscontracts/bids.aspx . Addenda will be clearly marked as such. Failure of any qualified proposer to receive an addendum shall not relieve such proposer from any obligation under this RFP or obligate the State in any way. All addenda so issued shall become part of this RFP. No one is authorized to amend this RFP by oral communication. The Proposer shall include signed copies of all addenda with their proposals.

3.1.9. Right to Reject Proposals

This RFP does not commit the State to award a contract. The State reserves the right to reject any and all proposals, to waive any informalities in any proposal received in response to this RFP, and to re‐solicit proposals in the event that no proposal is acceptable. The State also reserves the right to cancel this RFP before the contract is awarded on behalf of the State.

3.1.10. Disqualification of Proposers

Any one or more of the following causes shall be considered as sufficient for the disqualification of a proposer:

• Evidence of collusion among proposers.

• Lack of responsibility, including, but not limited to, amounts due to clients on existing contracts, existing or previous contracts in litigation, or defaults on a previous contract.

• Delivery of proposals after the deadline.

• Placing conditions, limitations, or restrictions on the proposal.

3.2. Request for Proposal (RFP) Submittal Format and Instructions

3.2.1. Preparation of Proposals

The Proposer’s offer shall be submitted in the format described in Section 4 of this RFP. All information required in the proposal shall be completed in accordance with the instructions therein. The State reserves the right to waive minor deficiencies and informalities in the proposals, if, in its sole judgment, the best interests of the State will be served. The State reserves the right to make written requests for additional information from Proposers to assist in understanding or clarifying any proposal. The State may request additional documentation on construction implementation costs, savings guarantees, or calculation assumptions.

3.2.2. Submitting Proposals

Proposers shall submit an electronic copy (via FTP site), an original hardcopy, and five other hardcopies of their proposal clearly marked as “Original” and “Copy of Six Copies”. The original must be signed by a person with the authority to commit the proposer and will take precedence over the electronic version and the copies should there be any discrepancies. The outer container for the proposal must be clearly marked “Performance Contract for the State of New Hampshire Department of Corrections.

Proposals received prior to the due date will be held unopened; late proposals will be rejected.

Proposals that do not comply with these requirements will not be considered. The official time shall be that recorded at the Bureau of Purchase and Property, NH Department of Administrative Services, 105 Pleasant Street, Concord, NH 03301. No proposal will be accepted https://apps.das.nh.gov/bidscontracts/bids.aspx after the specified time. All these conditions apply regardless of whether a proposal is mailed or hand delivered. Proposals must be submitted in the format required by this RFP.

3.2.3. Proposal Delivery Instructions

Deliver proposals to:

State of New Hampshire Department of Administrative Services 105 Pleasant Street, Concord, NH 03301 Attn: Ryan Fuller No later than: April 16, 2026, at 12 NOON

NOTE: Proposals must be submitted by or before the proposal deadline date and time listed above. Proposals submitted after this deadline will be rejected and returned to their sender unopened.

3.2.4. Period of Irrevocability

A proposal submitted to the State in response to this RFP must be irrevocable by the proposer for a period of one hundred eight (180) days from the RFP closing date.

3.3. RFP Selection Process

3.3.1. Pre‐Proposal Conference and Site Visit

An optional pre‐proposal conference and escorted site visit of selected facilities will be held prior to the proposal due date. The conference and site visit is optional. The purpose of the pre‐ proposal conference will be to review the requirements of this RFP and answer questions from ESCOs in attendance. It will provide Proposers with an opportunity for clarification about the overall project, RFP procedures, and state requirements. Attendance at this meeting is limited to three representatives from each company. Proposers should bring a copy of this RFP.

Date: March 10, 2026 Time: 10:00 AM Location: Northern NH Correctional Facility - 138 East Milan Road, Berlin, NH 03570

Note: Please RSVP for the conference to Heidi Laramie no later than 4:00 PM on March 9, 2026.

All parties must review and complete all forms in Attachment B prior to attending the pre-proposal conference. Background checks can take up to 10 business days, so please submit background check forms no later than February 24, 2026. The following forms should be submitted to Heidi Laramie, heidi.h.laramie@doc.nh.gov and Jason Newton, jason.m.newton@doc.nh.gov.

• Contractor Notes (review)

• PREA Acknowledgement Form (complete and sign)

• Rules for Conduct (complete and sign)

• Administrative Rules (complete and sign)

• Criminal Background Check Acknowledgement (complete and sign)

The State will not be liable for any costs incurred by any proposer in connection with preparation for, or attendance at, the pre‐proposal conference.

The State will not be bound by any oral statements or representations made at the Pre‐Proposal Conference.

3.3.2. Those attending the conference will be given an opportunity for a brief, escorted tour of select facilities. Follow‐up visits for additional access to buildings must be scheduled with the primary building contacts listed in Appendix A.b.iii of this RFP and will be offered to all respondents. If discrepancies exist between site conditions and the information contained in Appendix A, the information in Appendix A will prevail for purpose of contractor selection. Please see Section

3.3.5 for information on background checks that will be required before being allowed into the DOC facilities.

3.3.3. Evaluation of Written Proposals

The State, through its designated representatives, will review and evaluate the written responses to this RFP. Proposals must be prepared as described in Section 4. Written proposals will be evaluated in two phases:

• The proposal will first be reviewed to ensure that the proposer meets the minimum criteria outlined in Section 4.1.1 Minimum Criteria to Bid.

• Proposals that meet the minimum criteria referenced above will then be reviewed in accordance with the evaluation criteria identified in Section 5 of the RFP.

• The State reserves the right to submit follow up questions to the proposers at any time during this RFP.

3.3.4. Interviews, Selection, and Contract Negotiation (at the State’s discretion)

The “short‐listed” contractors may participate in a detailed oral interview to discuss how their approach to the project satisfies the evaluation criteria set forth in Section 5. A complete description of the interview format and logistical arrangements will be mailed to the finalists.

The Contractor with the highest overall score will be selected to complete the Investment Grade Audit that includes, but is not limited to, the following:

• Conduct a complete and comprehensive technical analysis of the facilities.

• Propose energy improvements.

• Create a timetable for completing engineering and construction work.

• Provide a detailed description of services to be provided.

• Estimate energy savings, as‐well‐as special conditions offered by the contractor.

The IGA contract between the State and the Contractor will include a minimum energy kBtu reduction guarantee.

Selection may be made without further discussion or review of proposals received; therefore, proposals should be submitted on the most favorable terms that can be submitted in response to this RFP. The State, however, reserves the right to negotiate with the selected Contractor prior to making an award of the Investment Grade Audit.

3.3.5. Background Checks

Background checks will be performed by NHDOC. Vendor must contact the Administrator of

Logistics, or designee, for further instructions. NHDOC reserves the right to conduct a procedural review of all criminal background checks and fingerprinting reports of all potential Vendor and/or subcontractor employees to determine eligibility status and access to all Departmental facilities. NHDOC will notify the Vendor of any potential Vendor/and or subcontractor employee who does not comply with the following:

• Individuals convicted of a felony;

• Individuals with confirmed outstanding arrest warrants;

• Individuals with a record of a misdemeanor offense(s) may be permitted to provide services pending determination of the severity of the misdemeanor offense(s) and review of the criminal record history by the Commissioner, or designee, of NHDOC;

• Individuals with restrictions on out-of-state and/or State of NH professional licenses and/or certifications;

• Individuals whose professional licenses and/or certification have been revoked and reinstated from other States and/or the State of NH;

• Individuals with a history of drug diversion;

• Individuals on the National Offender Database;

• Individuals who were a former State of NH employee and/or former contract employee that were dismissed for cause;

• Individuals previously employed with NHDOC without prior approval of NHDOC; and

• Relatives of currently incarcerated felons may not be permitted to provide services without prior approval by NHDOC.

3.4. Examination of Request for Proposals and Contract Forms

Any interested party who discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP shall notify C. Ryan Fuller at DAS, in writing (via mail, hand‐delivery, or email) on or before March 27, 2026, Modifications or clarifications will be made without divulging the source of the request.

Proposals are submitted at the Contractor’s own risk and if selected by the State, a Contractor will not be entitled to additional compensation or time by reason of an error or its later correction. Proposers have an opportunity to notify the State prior to the due date for proposal submission if they find an error in the RFP.

By submitting a proposal to this RFP, Proposer expressly waives the right to challenge the form, substance or content of this RFP. Any such challenge must be brought to the attention of the State prior to the expiration of the question period of March 27, 2026.

The Proposer shall examine carefully the RFP and contract forms. By submitting a proposal, the Proposer certifies it understands the conditions to be encountered; the character, quality and quantities of work to be performed; labor, material, and equipment to be furnished; and the overall requirements of the contract. No additional compensation will be granted because of a lack of knowledge or misunderstanding of all the work requirements.

3.5. Questions Regarding the RFP and the Procurement Process

Oral statements, representations, clarifications, or modifications concerning this RFP are not binding upon the State. Questions regarding this RFP must be submitted in writing (via mail, hand‐delivery, or email). Questions must be received by March 27, 2026. Written inquiries must be clearly marked “Performance Contract for the State of New Hampshire Department of Corrections”. All inquiries must refer to the page and applicable RFP section to which the question relates.

Proposers are encouraged to submit their questions regarding this RFP as‐soon‐as possible. Copies of the written inquiries and their answers will be posted online as an addendum to the RFP. The State reserves the right to paraphrase, consolidate, or decline to answer specific questions. Responses to questions, in either written or oral form, will not be deemed to amend the RFP unless and until the response is included in a formal addendum to the RFP.

3.6. Selection and Negotiation

If a Proposer is selected for award, the State will notify the selected Proposer in writing of their selection and the State’s desire to enter into contract negotiations. Until the State successfully completes negotiations with the selected Proposer, all submitted Proposals remain eligible for selection by the State. In the event contract negotiations are unsuccessful with the selected Proposer, the State may enter negotiations with the next highest scoring Proposer and repeat this process until such time as the State successfully negotiates an agreement or cancels this RFP.

In accordance with New Hampshire Statutes Chapter 21‐G:37 II‐b, the State will post the number of responses received on the State’s website on the closing date for responses. In accordance with New Hampshire Statutes Chapter 21‐G:37 III‐c, the State will post the rank or score for each responding Proposer on the State’s website at least five days prior to submission of the proposed contract resulting from this RFP prior to Governor and Council. In accordance with New Hampshire Statutes Chapter 21‐G:37 IV, a vendor questioning the State’s identification of the selected vendor may request that the State review its selection process by submitting a written request to the State within 5 business days after the rank is posted on the State’s website. This process represents the sole remedy for challenging the award of a contract pursuant to this RFP.

4. Proposal Format, Requirements, and Instructions

4.1. General Instructions and Proposal Format

4.1.1. Minimum Criteria to Bid

In order for the State to consider your proposal, you must have been in business for at least three years and have completed at least two similar GESPC projects in state or federal correctional facilities(one of which was completed in the last five years). Please provide five total references for projects, two of these must be from Correctional facilities. Projects should cover similar technologies to those that will be recommended for the State.

Please provide a one‐page summary that includes the following information:

• Names of two projects and dates completed;

• Size of projects (square feet of space retrofitted, total cost of property);

• Technologies implemented on these projects;

• References; and

• Any other relevant information.

4.1.2. Information Required in Proposals and Packaging Instructions

Proposals must provide the information described in the following sections. Proposers must address each item in the order in which it appears in the proposal format (Section 4.1.3) and note the appropriate section heading being addressed at the top of the respective page. Tabbed dividers should be used to identify major sections of the proposal. In addition to sections corresponding to the major sections, proposers may attach other exhibits as the final section of the proposal. All proposal pages shall be printed as double‐sided, except tab sheets and section breaks. Provide the sample Investment Grade Audit and Measurement and Verification Plan as double‐sided pages.

All items listed in the proposal outline shall be completed. All pages shall be numbered. The proposer is expected to respond to all items in as much detail as necessary for the State, its representatives, and consultants to make a fair evaluation of the proposer and the proposal for ranking. Proposers should respond directly to the points raised as concisely as possible. If an item does not apply to your firm or submittal, indicate with an “N/A” (not applicable). Failure to provide requested information may be grounds for a proposal to be disqualified from consideration. Attach additional pages as needed (8‐1/2” x 11” paper) and clearly indicate to which item number the information corresponds.

Unnecessarily elaborate or bulky proposals are discouraged. The State prefers proposals that are complete and thorough, but which are also concise and limited to the relevant material. Any proposal determined to be materially unresponsive as to proposal content or form may be eliminated from further consideration.

4.1.3. Proposal Format

All proposals must be written in the following format:

A. Section A: Proposal Agreement Forms

1. Proposal Cover Sheet

2. Proposer Acceptance of Sample Agreement

• Certificate of Independent Price Determination (Form A‐1)

• Signed Transmittal Letter, with P‐37 attached (Attachment C)

B. Section B: Proposer and Team Identification, Qualifications and References

1. Proposer Identification and Information (Form B‐1)

• General statement of the proposer’s energy conservation and management qualifications.

2. Project Team Identification

3. Identification of Key Personnel

• List of resumes in proposal Appendix B.

4. Financial Information

• Reponses to financial and legal questions identified in Section 4.3.3

• List of financial submittals in proposal Appendix A.

5. Project References

• Key to project references

• Project summaries

C. Section C: Technical Approach

1. Project Summary and Plan

2. Facility Impact

3. Baseline, Measurement and Verification, and Commissioning

4. Training

5. Operations and Maintenance

D. Section D: Management Approach

1. Responsibility and Management Approach

2. Resources

3. Project Schedule

E. Section E: Financial Approach and Guarantees

1. Pricing Approach

• Cost for Investment Grade Audit (Form E‐1)

• Proposed Measures Costs (Forms E‐2)

• Proposed Annual Service Agreement (Form E‐3)

• Itemized Cost Details (Form E‐4)

2. Guarantees – Responses to Guarantees Questions

Appendix A Financial Submittals

Appendix B1 Resumes

Appendix B2 Sample Investment Grade Audit Report

Appendix B3 Sample Measurement and Verification Plan

4.2. Proposal Agreement Form – Section A of proposal

4.2.1. Certification of Independent Price Determination

The prices in your proposal must be arrived at independently. Complete and submit Form A‐1, “Certificate of Independent Price Determination” and include it with your proposal.

4.2.2. Proprietary Data

Any information submitted as part of a response to this request for proposal (RFP) may be subject to public disclosure under RSA 91‐A. In addition, in accordance with RSA 9‐F: 1, any contract entered into as a result of this RFP will be made accessible to the public online via the website Transparent NH, http://www.nh.gov/transparentnh/.

Accordingly, business financial information and proprietary information such as trade secrets, business and financial models and forecasts, and proprietary formulas may be exempt from public disclosure under RSA 91‐A:5, IV.

Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. If a Vendor believes any information submitted in response to this request for proposal should be kept confidential, the Vendor must specifically identify that information where it appears in the submission in a manner that draws attention to the designation and must mark/stamp each page of the materials that the Vendor claims must be exempt from disclosure as “CONFIDENTIAL.” Vendors must also provide a letter to the person listed as the point of contact for this RFP, identifying the specific page number and section of the information you consider to be confidential, commercial or financial and providing your rationale for each designation. Marking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the State.

Vendors must also provide a separate copy of the full and complete document, fully redacting those portions and shall note on the applicable page or pages that the redacted portion or portions are “confidential.”

Submissions which do not conform to these instructions by failing to include a redacted copy (if necessary), by failing to include a letter specifying the rationale for each redaction, by failing to designate the redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the proposal.

Pricing, which includes but is not limited to, the administrative costs and other performance guarantees in Proposals or any subsequently awarded contract shall be subject to public disclosure regardless of whether it is marked as confidential.

Notwithstanding a Vendor’s designations, the State is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in a proposal. If a request is made to the State by any person or entity to view or receive copies of any portion of the proposal, the State shall first assess what information it is obligated to release. The State will then notify you that a request has been made, indicate what, if any, http://www.nh.gov/transparentnh/ information the State has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the proposal. To halt the release of information by the State, a Vendor must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

4.2.3. By submitting a proposal, Vendors acknowledge and agree that:

• The State may disclose any and all…