Amendments_0001_thorugh_0008.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is issued to complete the follow ing:

(1) Correct the date for the pre-proposal conference to 18 April 2014. Additional details w ill be provided in a separate attachment on FBO.

(2) The closing date and time for proposals remains 2pm CT on 19 May 2014.

(3) All other terms and conditions of the RFP remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Apr-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DY-12-R-0046

X 9B. DATED (SEE ITEM 11)

04-Apr-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Apr-2014

CODE

US ARMY ENGINEERING & SUPPORT CENTER

CEHNC-CT

4820 UNIVERSITY SQUARE

HUNTSVILLE AL 35816-1822

W912DY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DY-12-R-0046

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

EXECUTIVE SUMMARY

All proposals shall be shipped to: US Army Engineering and Support Center- Huntsville, 4820 University Square, Huntsville, AL 35816-1822. The package exterior should contain the solicitation number and the POCs: Tonju Butler and Sarah Schlapman. Hand carried proposals must be delivered to the Mail Room at 4820 University Square, Huntsville, AL 35816-1822 and time-stamped prior to the closing time. Electronic submissions will NOT be accepted.

A.1. Objective: The objective of this acquisition is for the design, construction, and operation of energy savings projects to help meet mandated energy savings goals established in the Energy Policy Act of 1992 and its subsequent policy amendments and directives. These services will be acquired under NAICS code 541330, Engineering Services, for performance at Government installations or facilities throughout the Contiguous United States (CONUS), and for Outside the Contiguous United States (OCONUS) locations in Alaska, Hawaii, Republic of the Marshall Islands, U.S. Territories and Possessions, Germany, and South Korea.

A.2. Contract Type: The U.S. Army Engineering and Support Center, Huntsville (CEHNC) intends to award multiple Indefinite Delivery/Indefinite Quantity (ID/IQ) type contracts to both large and small businesses, whose offers represent the best value to the Government. This requirement will be competed on an unrestricted basis with a portion of the awards set aside for small businesses. The Government intends to award up to 20 total contracts with approximately three set aside for small businesses. However, the Government reserves the right to award more, less or none at all. All task orders will be issued as firm fixed-price.

A.3. Selection of Multiple Award Task Order Contract (MATOC) Pool: The Government anticipates awarding a target of up to 20 total ID/IQ contracts (17 large businesses and 3 set-aside for small businesses) for ESPC, however it reserves the right to award more, less or none at all. The estimated programmatic capacity for the MATOC is $1.5 Billion. The total capacity will be shared among all awardees in the MATOC pool, both large and small businesses.

A.4 Task Order Selection/Competition. This solicitation will result in multiple ID/IQ contracts with a portion of the awards set aside for small businesses. Task orders awarded under the MATOC will be either set aside for the small business awardees or open to participation by all contract holders (large and small businesses). The Government reserves the right to set aside any task order for small businesses. Task Orders will be set aside for small businesses in accordance with the following ordering procedures:

Dollar Value of Task Order

Task Order Competition Caveats

Greater than $5 Million Unrestricted Competition

Less than $5 Million

The Contracting Officer will first consider setting aside the Task Order for small businesses. The determination will examine the project’s size, complexity, location, and level of financing required.

Before making the determination on a particular project, the Contracting Officer will request a letter of interest from all small business firms. If fewer than two responses are received, the Task Order will open for unrestricted competition.

All task orders not set aside for small businesses will be competed in accordance with DoD Federal Acquisition Regulation Supplement (DFARS) 216.505-70, ordering under Multiple Award Contracts, unless an exception to fair opportunity is justified.

A.5. Ordering: The multiple-award ID/IQ contracts will have a base ordering period of five-years with one five-year option period, for a total ordering period of ten years if the option is exercised. There is no guarantee that the option will be exercised on any or all of the awarded contracts. New task orders will be placed in accordance with Section H.2, Procedures for Awarding Task Orders. The Government is under no obligation to issue any orders against this contract. The maximum contract amount for the multiple award ID/IQ contracts (sum of all task orders awarded under all contracts) is $1,500,000,000 ($1.5B) over a period of ten years (if the option is exercised). This value will be shared by both large and small business contract holders. The only authorized ordering office is the U.S. Army Engineering and Support Center, Huntsville. Other agencies may be delegated this authority, in which case an advance written notice will be given to the Contractor.

A.6. Wage Determinations: The primary requirements under these contracts will be for services but may include some construction work. Contract clauses pertinent to labor laws applicable to both construction work and services will be included in the base contract. Task orders will include the wage determinations reflecting prevailing wages for construction work. Task orders that include services covered by the Service Contract Act will include wage determinations reflecting the prevailing wage rates and fringe benefits. In the event that individual service task orders will contain more than incidental, segregable construction effort, the Davis Bacon Act (see FAR 52.222-6) will apply to the construction portion in accordance with FAR 22.402. Some Operation and Maintenance (O&M) funded construction services will be required (including Davis Bacon rates and bonding).

A.7. Contract On-Ramps/Off-Ramps: Not later than eighteen months prior to exercise of the option period, the Government will evaluate the market to determine if it is in the Government’s interest to award ESPC contracts to additional qualified firms by employing “on-ramp” procedures. During a contract on-ramp the Government will advertise, accept and evaluate new proposals with the intention of adding contracts to provide the Government with better buying power. These proposals will be subject to substantially the same proposal instructions and evaluation procedures as contained in the original solicitation. During a contract “off-ramp”, the Contracting Officer may elect to remove firms from the multiple award ID/IQ contract pool that have poor performance or have failed to submit acceptable proposals for any of the projects for which they were qualified. Previously awarded Task Orders will be unaffected by on/off ramp actions taken to refresh the multiple award ID/IQ contract pool.

A.8 Pre-Proposal Conference. The Government will hold a pre-proposal conference for potential offerors to ensure an understanding of the Government’s objectives with this solicitation. All interested firms are encouraged to attend, but participation will not be a prerequisite for submitting a proposal.

The Pre-Proposal Conference will be held at the U.S. Army Engineering and Support Center, Huntsville on 18 April 2014. Additional details will be provided in a separate attachment posted on fbo.gov.

A.9 Questions. Any questions regarding this solicitation are to be submitted by firms via the ProjNet website at http://www.projnet.org/projnet. To submit comments firms will need to self register in the system if not already registered. To self-register: go to the webpage, click the BID tab, select Bidder Inquiry, select agency USACE, enter the Key for this solicitation (listed below) and an e-mail address, and then click “login”. Fill in all required information and click “create user”. Verify information on next screen is correct and then click continue. From this page you may view all bidder inquiries or add a new inquiry. Firms will receive an acknowledgement of their comments via email. Firms are requested to review the Bidder Inquiry System for existing comments/ questions prior to submission of a new inquiry. All questions must be submitted no later than 18 April 2014.

Projnet Key: PQAZT9-2CTWD9

No questions will be accepted via email or by phone. Individual meetings with firms will not be scheduled.

Emails or voicemails with questions and/or requests for meetings will not receive a response.

(End of Summary of Changes)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is issued to complete the follow ing:

1. Extend the closing date for new inquiries in ProjNet until 23 April 2014.

2. Revise the list of Section J, Attachments (new /revised attachments w ill be uploaded separately to fbo.gov).

3. Revise sections L and M.

4. Revise the PWS.

5. All changes to the RFP are highlighted in yellow . How ever, it is the Offeror's responsibility to review the document in its entirety.

6. All other terms and conditions remain the same. The proposal due date of 19 May 2014 (2pm CT) is not extended.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 35

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Apr-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DY-12-R-0046

X 9B. DATED (SEE ITEM 11)

04-Apr-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Apr-2014

CODE

US ARMY ENGINEERING & SUPPORT CENTER

CEHNC-CT

4820 UNIVERSITY SQUARE

HUNTSVILLE AL 35816-1822

W912DY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

EXECUTIVE SUMMARY

All proposals shall be shipped to: US Army Engineering and Support Center- Huntsville, 4820 University Square, Huntsville, AL 35816-1822. The package exterior should contain the solicitation number and the POCs: Tonju Butler and Sarah Schlapman. Hand carried proposals must be delivered to the Mail Room at 4820 University Square, Huntsville, AL 35816-1822 and time-stamped prior to the closing time. Electronic submissions will NOT be accepted.

A.1. Objective: The objective of this acquisition is for the design, construction, and operation of energy savings projects to help meet mandated energy savings goals established in the Energy Policy Act of 1992 and its subsequent policy amendments and directives. These services will be acquired under NAICS code 541330, Engineering Services, for performance at Government installations or facilities throughout the Contiguous United States (CONUS), and for Outside the Contiguous United States (OCONUS) locations in Alaska, Hawaii, Republic of the Marshall Islands, U.S. Territories and Possessions, Germany, and South Korea.

A.2. Contract Type: The U.S. Army Engineering and Support Center, Huntsville (CEHNC) intends to award multiple Indefinite Delivery/Indefinite Quantity (ID/IQ) type contracts to both large and small businesses, whose offers represent the best value to the Government. This requirement will be competed on an unrestricted basis with a portion of the awards set aside for small businesses. The Government intends to award up to 20 total contracts with approximately three set aside for small businesses. However, the Government reserves the right to award more, less or none at all. All task orders will be issued as firm fixed-price.

A.3. Selection of Multiple Award Task Order Contract (MATOC) Pool: The Government anticipates awarding a target of up to 20 total ID/IQ contracts (17 large businesses and 3 set-aside for small businesses) for ESPC, however it reserves the right to award more, less or none at all. The estimated programmatic capacity for the MATOC is $1.5 Billion. The total capacity will be shared among all awardees in the MATOC pool, both large and small businesses.

A.4 Task Order Selection/Competition. This solicitation will result in multiple ID/IQ contracts with a portion of the awards set aside for small businesses. Task orders awarded under the MATOC will be either set aside for the small business awardees or open to participation by all contract holders (large and small businesses). The Government reserves the right to set aside any task order for small businesses. Task Orders will be set aside for small businesses in accordance with the following ordering procedures:

Dollar Value of Task Order

Task Order Competition Caveats

Greater than $5 Million Unrestricted Competition

Less than $5 Million

The Contracting Officer will first consider setting aside the Task Order for small businesses. The determination will examine the project’s size, complexity, location, and level of financing required.

Before making the determination on a particular project, the Contracting Officer will request a letter of interest from all small business firms. If fewer than two responses are received, the Task Order will open for unrestricted competition.

All task orders not set aside for small businesses will be competed in accordance with DoD Federal Acquisition Regulation Supplement (DFARS) 216.505-70, ordering under Multiple Award Contracts, unless an exception to fair opportunity is justified.

A.5. Ordering: The multiple-award ID/IQ contracts will have a base ordering period of five-years with one five-year option period, for a total ordering period of ten years if the option is exercised. There is no guarantee that the option will be exercised on any or all of the awarded contracts. New task orders will be placed in accordance with Section H.2, Procedures for Awarding Task Orders. The Government is under no obligation to issue any orders against this contract. The maximum contract amount for the multiple award ID/IQ contracts (sum of all task orders awarded under all contracts) is $1,500,000,000 ($1.5B) over a period of ten years (if the option is exercised). This value will be shared by both large and small business contract holders. The only authorized ordering office is the U.S. Army Engineering and Support Center, Huntsville. Other agencies may be delegated this authority, in which case an advance written notice will be given to the Contractor.

A.6. Wage Determinations: The primary requirements under these contracts will be for services but may include some construction work. Contract clauses pertinent to labor laws applicable to both construction work and services will be included in the base contract. Task orders will include the wage determinations reflecting prevailing wages for construction work. Task orders that include services covered by the Service Contract Act will include wage determinations reflecting the prevailing wage rates and fringe benefits. In the event that individual service task orders will contain more than incidental, segregable construction effort, the Davis Bacon Act (see FAR 52.222-6) will apply to the construction portion in accordance with FAR 22.402. Some Operation and Maintenance (O&M) funded construction services will be required (including Davis Bacon rates and bonding).

A.7. Contract On-Ramps/Off-Ramps: Not later than eighteen months prior to exercise of the option period, the Government will evaluate the market to determine if it is in the Government’s interest to award ESPC contracts to additional qualified firms by employing “on-ramp” procedures. During a contract on-ramp the Government will advertise, accept and evaluate new proposals with the intention of adding contracts to provide the Government with better buying power. These proposals will be subject to substantially the same proposal instructions and evaluation procedures as contained in the original solicitation. During a contract “off-ramp”, the Contracting Officer may elect to remove firms from the multiple award ID/IQ contract pool that have poor performance or have failed to submit acceptable proposals for any of the projects for which they were qualified. Previously awarded Task Orders will be unaffected by on/off ramp actions taken to refresh the multiple award ID/IQ contract pool.

A.8 Pre-Proposal Conference. The Government will hold a pre-proposal conference for potential offerors to ensure an understanding of the Government’s objectives with this solicitation. All interested firms are encouraged to attend, but participation will not be a prerequisite for submitting a proposal.

The Pre-Proposal Conference will be held at the U.S. Army Engineering and Support Center, Huntsville on 18 April 2014. Additional details will be provided in a separate attachment posted on fbo.gov.

A.9 Questions. Any questions regarding this solicitation are to be submitted by firms via the ProjNet website at http://www.projnet.org/projnet. To submit comments firms will need to self register in the system if not already registered. To self-register: go to the webpage, click the BID tab, select Bidder Inquiry, select agency USACE, enter the Key for this solicitation (listed below) and an e-mail address, and then click “login”. Fill in all required information and click “create user”. Verify information on next screen is correct and then click continue. From this page you may view all bidder inquiries or add a new inquiry. Firms will receive an acknowledgement of their comments via email. Firms are requested to review the Bidder Inquiry System for existing comments/ questions prior to submission of a new inquiry. All questions must be submitted no later than 23 April 2014.

Projnet Key: PQAZT9-2CTWD9

No questions will be accepted via email or by phone. Individual meetings with firms will not be scheduled.

Emails or voicemails with questions and/or requests for meetings will not receive a response.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

PERFORMANCE WORK STATEMENT

Note: A listing of all referenced attachments is located at Section J of this document.

C.1 GENERAL REQUIREMENTS/PROJECT SCOPE

C.1.1 This contract is intended to promote the use of renewable energy technologies, acquire energy and water conservation services, reduce energy and water consumption and/or associated utility costs, may reduce energy and water related operations and maintenance costs, and perform other holistic approach site specific project activities as specified in each task order (TO) issued against this indefinite delivery/indefinite quantity (IDIQ) contract. The energy service company (ESCO) shall be responsible for providing all labor, material, and capital to install energy and water conservation projects, renewable energy projects, operations and maintenance (O&M), and Measurement and Verification (M&V) as specified in each TO. The cost of an energy savings performance contract (ESPC) TO project (hereafter referred to as TO project) must be covered by the energy, water, ancillary, and related cost savings that will accrue to the Federal facility. The TO project cost savings must be verified and documented annually.

C.1.2 This IDIQ contract may be used by Federal agencies for all Federal buildings and facilities in accordance with the procedures established in this IDIQ contract.

C.1.3 All provisions throughout this IDIQ shall flow to the task order level. Additional site specific provisions however may be added at the task order level.

C.2 ENERGY CONSERVATION MEASURE (ECM) TECHNOLOGY CATEGORIES (TCs)

C.2.1 ECM TCs - This IDIQ contract and its TOs require the Energy Service Company (ESCO) to possess the capability to implement ECMs that reduce energy and water consumption or costs, increase renewable energy use, and may reduce energy and water-related O&M costs. ECMs include measures to increase energy efficiency of energy-consuming systems and to reduce water consumption. ECMs also include measures that improve the efficiency of energy production systems that generate electrical and/or thermal energy. A list of ECM TCs that shall be considered during the development of a TO project is provided in Attachment J-2. Particular emphasis should be placed on assessment of renewable energy opportunities. This IDIQ contract may be modified in the future to add ECMs that are not specifically identified. Therefore, the ESCO is encouraged to seek out all energy conservation opportunities present. The Army is aggressively pursuing achievement of Net Zero at its installations. ECMs shall be adaptable to contribute towards meeting the Army's Net Zero goal.

C.2.2 Restrictions on ECMs - Restrictions on ECMs will be identified by the government prior to and during the project development process and prior to award of a Task Order.

C.2.3 Additional support work - As a result of implementing Energy Conservation Measures, there may be at times additional support work that is necessary to complete the implementation of the Energy Conservation Measure. An example of such work would be in the deep retrofit of buildings whereby significant portion of the work effort is directly related to the installation of lights, water measures, insulation, HVAC, motors or other and as a result, of this major effort other work such as wall painting or ceiling tile replacement may be required. This work may be accomplished by the ESCO if identified in the SOW and the government determines it is in the best interest of the government to combine efforts for a holistic retrofit activity with one ESCO as opposed to the logistics and supervision of multiple prime contractors.

C.3 FACILITY PERFORMANCE REQUIREMENTS OF ECMs

Installed ECMs shall comply with the standards of service required for facilities as specified in each TO. The standards of service may include acceptable temperature and humidity ranges, allowable setbacks, noise levels/maximum decibels, air quality parameters, lighting levels, and other related factors, as agreed to between the Government and the ESCO. At a minimum, where automated controls of lighting or environmental conditions are to be installed, the Government must have the ability to, or direct the ESCO to, respond within a specified time to temporarily override the heating, ventilating and air-conditioning (HVAC) and lighting systems.

C.4 MEASUREMENT AND VERIFICATION (M&V) OF ECM PERFORMANCE

C.4.1 M&V is one of the most critical parts of the entire ECM process. The M&V report should verify that sufficient energy savings have been generated to meet the requirements as agreed to in the contract/task order and it should confirm that sufficient energy savings have been generated to meet the ESPC established legal requirements.

Further clarification of differences in M&V reporting is as follows:

Verified Energy Savings takes into consideration all of the assumptions, stipulations, terms, conditions, and escalation factors etc. that are included in the contract and the task order in order to calculate the energy savings.

The intent of this calculation is to assure that all the obligations of the ESCO and the Government are being met so that the contract remains valid and the payments can be made. The ESCO Guaranteed Energy Savings are typically at or less than the Verified Energy Savings. From an ESCO perspective, this data is typical of most M&V reporting requirements currently in use.

The current real Actual Energy Savings can never be economically obtained due to the complexity and interrelationships of various ECMs, available metering data, and other Installation initiated energy savings activities.

Actual Energy Savings as it relates to the M&V report takes into consideration current conditions of the Task order ECMs. Actual Energy Savings shall be derived by the most economically feasible method so as not to adversely impact the project yet achieve current condition data in order to assure that legal requirements are being met.

During the annual review process, the ESCO shall note the changes that have occurred from the baseline conditions such as the current applicable utility costs, building demolitions, mission changes, etc. These changes should be applied to the project in order to obtain the most accurate indication of the actual energy savings generated by the project. From the Government’s perspective this assures that the project is meeting the legal requirements.

When Actual Savings are in excess of the Guaranteed or Contractual Verified Savings, these are additional realized savings to the Government.

When Guaranteed or Contractual Verified Savings are in excess of the Actual Savings, this is an indication that actions are required to be legally compliant. Examples of possible actions are issuing an amendment to the original baseline, term extension, termination, partial termination, or other means to resolve issues. It is the Government’s responsibility to take appropriate actions based upon the M&V report and given circumstances.

The task order must be taken as a whole so that even if one ECM does not meet its projections, if when totaled together the Actual Savings are sufficient to cover Guaranteed Savings, then the M&V is still acceptable.

C.4.2 Every TO awarded shall include a site-specific M&V plan that specifies the M&V requirements and procedures that shall apply to the TO based on various factors, such as type of ECMs, projected value of energy savings, certainty/uncertainty of savings being achieved, and the intended risk allocation between the Government and the ESCO, in accordance with DID015.

C.4.3 The TO M&V plan is the primary vehicle that the Government uses to first document and then to periodically evaluate the performance expectations of the TO project. This document shall be developed (and provided by the ESCO) but also validated by the Government. It shall, in a clearly understandable format, state where and how energy, water and related cost savings are going to occur and how they are to be calculated and verified. If the scope of work does not include the entirety of a site, or all the systems or significant portions within a building, then that situation shall be stated clearly so that the Government and the ESCO are aware of what the TO covers and what it does not. Each building and/or space within a building that will be affected shall be identified, and buildings or portions of buildings that will not be affected shall be identified. The ECMs that generate savings shall be identified, as well as the building systems that they affect. If there are significant energy- or water-using building systems or other energy or water uses within the buildings, which will not be affected by the TO, they shall be identified so that here is clear understanding of the extent to which total energy, water and related costs at the site will be affected. To the extent this information is provided in the Feasibility Study/Proposal, it will be repeated in the M&V plan.

C.4.4 The description of facilities and systems affected by the ECMs serves as the context for determining risks associated with the performance of the ECMs and the likelihood of success in achieving projected savings. The first step in developing an M&V plan will be accomplished through the completion of a Risk, Responsibility and Performance Matrix. The matrix indicates the responsibility and performance of actions agreed to by the ESCO and the Government.

C.4.5 The TO M&V plan shall specify the M&V options and methods that will be used for each ECM included in the TO. M&V options and methods proposed for each ECM shall comply with the latest version (in effect at the time of TO award) of the “DOE/ FEMP M&V Guidelines: Measurement and Verification for Federal Energy Projects” and the “International Performance Measurement and verification Protocol (IPMVP).” If there is a discrepancy between these two documents, the DOE/FEMP M&V Guideline takes precedence. The DOE/FEMP M&V Guideline includes a variety of guidelines and tools that will help in the development of a technically rigorous M&V plan, including both optional M&V methods for differing ECMs and tools for assessing the cost implications of these options. (See http://www1.eere.energy.gov/femp/financing/superespcs_mvresources.html, current as of contract award.)

C.4.6 M&V Activities - The ESCO shall perform the following required M&V activities:

C.4.6.1 Define a site-specific M&V plan for the particular project being installed, once the project has been fully defined and the Feasibility Study/Proposal is completed. This shall be submitted as part of the proposal, so the M&V plan can be incorporated into the TO.

C.4.6.2 Define pre-installation baseline including (a) equipment/systems, (b) baseline energy use, (c) system performance factors (e.g., lighting levels, temperature set points, time clock settings, etc.), and/or (d) actions to determine baseline energy use, which may include site surveys, short-term or long-term metering, analysis of billing data, and/or engineering calculations. The pre-installation baseline should also identify factors beyond the ESCO’s control that influence post-installation energy usage (e.g., building occupancy, weather, plug load creep, etc.).

Where such factors beyond the ESCO’s control potentially exist, the Government and ESCO will agree on what measures should be taken to adjust the baseline, modify savings calculations or otherwise account for such factors.

Where feasible, adjustments to the calculation methodology for savings are to be preferred over changes to the baseline. Such adjustments make it easier to present the savings. The Risk, Responsibility, and Performance Matrix will guide the identification of factors on which such agreements may need to be reached. The definition and calculation/measurement of all elements of the pre-installation baseline will be agreed upon between the ESCO and the Government before the TO is awarded.

C.4.6.3 Define post-installation conditions including (a) equipment/systems, (b) post-installation energy use and/or

(c) actions to determine post installation energy use, which may include site surveys, short-term or long-term metering, analysis of billing data, and/or engineering calculations.

C.4.6.4 Conduct annual M&V activities to verify operation of the installed equipment/systems and calculate the previous year’s energy and water savings, and compare verified, guaranteed, and actual savings.

C.4.7 M&V Submittals during TO Development and Post-Award

C4.7.1 The ESCO shall prepare and submit a general M&V approach with its Preliminary Assessment, identifying the M&V options and methods to determine a site-specific pre-installation baseline and post-installation ECM performance for each proposed ECM. The ESCO shall use the M&V format established by FEMP and follow that format to the greatest extent possible to assure consistency of reports between ESCO's, FEMP, and the industry.

The alternate format allowable in this contract shall only be utilized by agreement in the individual Task Orders.

C.4.7.2 The ESCO shall prepare and submit a site-specific M&V plan with its Feasibility Study/Proposal, per the requirements in Section H. This site-specific M&V plan shall include a schedule indicating M&V activities and post-award M&V reporting milestones for each ECM. Prior to installation of ECMs, the Government should witness measurements and review calculations, records (e.g., utility bills) and other elements of the baseline, to confirm its accuracy and to confirm that methods are consistent with the approved M&V plan, as described in FEMP’s "Guide to Government Witnessing and Review of Post-Installation and Annual M&V Activities."

C.4.7.3 The ESCO shall prepare and submit a post-installation report to the Government, which should verify that installed ECMs will meet the required standards of service and the guaranteed annual energy, water, and related cost savings specified in the awarded TO. Inspections and measurements conducted by the ESCO for this post-installation report should be witnessed by the Government, in accordance with FEMP’s "Guide to Government Witnessing and Review of Post-Installation and Annual M&V Activities.” The post-installation report should be reviewed as recommended in FEMP’s “Reviewing Performance Reports for Federal ESPC Projects,” and must be accepted in writing, by the Government.

C.4.7.4 The ESCO shall prepare and submit an annual M&V report to the Government, including data and calculations that demonstrate that continued ECM performance achieves the guaranteed annual energy, water, and related cost savings as required by the TO. Inspections and measurements conducted by the ESCO for this annual M&V report should be witnessed by the Government in accordance with FEMP’s "Guide to Government Witnessing and Review of Post-Installation and Annual M&V Activities.” The annual M&V report should be reviewed, as recommended in FEMP’s “Reviewing Performance Reports for Federal ESPC Projects,” and must be accepted, in writing, by the Government. Review and acceptance of the annual M&V report, in accordance with FEMP’s "Guide to Government Witnessing and Review of Post-Installation and Annual M&V Activities" constitutes documentation to either: (1) validate that the ESCO met the guaranteed annual savings and full payment is in order, or (2) suggests that energy guaranteed savings were not fully met and a reduction in future payments may be appropriate. ESCO shall notify the installation and HNC the date that measurements and data will be taken at the installation in order to verify savings and generate the M&V report. This notification shall be accomplished in writing 30 days prior to on-site data collection/verifications.

C.4.7.5 Since Actual Savings are being requested in addition to the Contractual Verification Savings and the standard FEMP templates only allow for Contractual Verified Savings, the standard FEMP templates shall be modified as required by the ESCO to present both sets of Savings information.

C.4.7.5 Each annual M&V report shall include a section that documents on a continuous annual basis, the changes or impacts that have affected the ability of the project to generate energy savings. This “running log of impacts”, with associated impact on energy savings, is included so that when these become significant a contract adjustment can be investigated. The Government will adjust the contract when it is in the economic best interest to make the necessary changes.

C.4.7.5 Each annual M&V report shall include a copy of each year’s previous comments and responses in the appendix to the report. This brings consistency to the M&V evaluation process.

C.5 PROJECT DEVELOPMENT SEQUENCE

C.5.1 Project Sequence and Specific Services. The sequence of ECM development and implementation and the level of effort required to accomplish each phase of a project can vary depending on the type and size of the project.

The ESCO, with the approval of the KO, will determine whether all steps in the sequence of a project are executed sequentially in accordance with the provisions stated herein or combined. Coordination between the Government and the ESCO at every phase of the project from site survey through design, construction/implementation, and operation and maintenance will minimize misdirected ESCO effort. The ESCO should not proceed from one phase in the project sequence to the next phase in the project sequence until discussing it with the KO. On small efforts, Preliminary Assessment through design may take place in only 1 day, with coordination between the ESCO and the KO. On large efforts, the KO may require strict adherence to all the steps of the sequence, with complete written documentation as described herein. In some cases, certain steps may be abbreviated, consolidated or waived as directed by the KO if doing so benefits both the Government and the ESCO. The project sequence described herein is structured to reduce the ESCO from risking its resources on a project’s estimated cost and scope of work the Government may not accept. The process can lead to inefficiency on smaller projects and therefore may not always be preferable. The Government may elect to postpone submission of the required data and delay negotiation to later stages in the sequence.

C.5.2 Team Meetings. The typical ECM sequence will start with meetings between ESCO employees and Government energy, facility, and contracting personnel to discuss possible areas of potential savings. The intent of these meetings is to exchange information, coordinate efforts, and maximize the ESCO's efforts by steering the ESCO to energy cost saving potentials and away from areas which the Government knows it will not consider for an ECM project. These types of meetings should be held as often as the ESCO and the Government feels necessary throughout the life of this contract. This coordination effort between Government and ESCO personnel should also take place informally as appropriate. The ESCO shall pursue only those projects which the ESCO/Government Team feels have potential and in which the ESCO is willing to invest ESCO efforts at the ESCO's expense.

C.5.3 Preliminary Assessment. After receiving the KO's approval, the ESCO shall perform the Preliminary Assessment. The Preliminary Assessment cost can only be recovered through an award of any eventual Task Order or through the Government's option to obtain ownership of submitted documentation. The ESCO shall survey the site, building, or area. The ESCO shall review existing as-built drawings, maintenance records, any available previous energy reports, and other pertinent documentation. The ESCO shall interview onsite maintenance personnel and staff to determine the existing conditions of the site, building, or area to be surveyed. Potentially hazardous materials such as asbestos, lithium bromide refrigerant, light ballasts, lead based paint, etc., shall be identified with the aid of installation documentation and personnel. Type, location, and amount of hazardous material shall be determined. The ESCO shall identify areas where cost reductions may be realized by repairing, modifying, or replacing equipment or installing new equipment and facilities. As appropriate, the ESCO shall conduct system/equipment tests to isolate and define problems. The ESCO shall indicate areas which have been investigated and which do not warrant further efforts. The ESCO shall indicate whether or not a feasibility study is warranted to determine technical and/or cost feasibility. An Abbreviated Accident Prevention Plan (AAPP) shall be prepared and submitted to the Government for review and acceptance for site condition and field survey work prior to conducting any on-site work efforts. Fulfillment of this requirement will allow the ESCO to perform low risk activities and collect essential data necessary for design. The AAPP shall be re-utilized for any site evaluation until the Site Safety and Health Plan has been accepted. The AAPP does not alleviate the requirements as established by the Site Safety and Health Plan to be submitted and approved before the installation can begin.

C.5.4 Preliminary Assessment Report - The ESCO shall submit a Preliminary Assessment Report to the Government, which sets out the merits, expected technical feasibility, level of projected energy savings, economics, and estimated price of the project. The ESCO shall conduct the Preliminary Assessment after the initial kick-off meeting. The ESCO shall submit a Preliminary Assessment Report to the KO after completing the survey of the site. This Preliminary Assessment Report shall be submitted for review and approval in accordance with DOE/FEMP format, or DID001 with KO approval. A project facilitator (PF) is required for the utilization of this IDIQ contract. The PF must be actively engaged prior to the kick-off meeting. Note: For the purposes of meeting this requirement, CEHNC fulfills the role as the PF team. The PF requirement shall not be waived by the KO.

Renewable energy technologies shall be considered along with other ECMs. The Government will not be liable for any costs associated with Preliminary Assessment Report audits or preparation of the Preliminary Assessment Report unless the project addressed by the Preliminary Assessment Report later becomes a TO award. If the report recommends that a feasibility study/proposal be conducted, the report shall include a proposal for the scope of work and estimated feasibility study/proposal cost. The feasibility study/proposal development cost may be negotiated resulting in either a firm fixed price or a not to exceed cost. This proposed cost, as negotiated and accepted by the KO would then be the basis for the feasibility study cost and included as a line item in the Feasibility Study/Proposal, however ESCO shall not recover these costs unless the TO becomes an award. The KO will respond to the ESCO, in writing, indicating whether or not the project will be pursued. If pursued, the KO will issue a Notice to Proceed, which identifies the Government’s requirements.

C.5.4.1 Contents - At a minimum, the ESCO shall include its Preliminary Assessment Report technical and price assessments, in a format in accordance with Government requirements. It is recommended that the Preliminary Assessment Report be approximately 20 pages, except in instances where the ESCO, or Government guidance, requires more pages to adequately address each of the requirements of this section. The ESCO shall submit completed schedules, SCH-1 (SSR), SCH-2, SCH-3, and SCH-4, using the best estimated, economically available data for this phase of the process. The technical and price assessments shall be in accordance with DID001.

C.5.5 Feasibility Study. If the ESCO and the Government determine that the Preliminary Assessment indicated sufficient potential and both parties agree that they would consider the project identified in the survey, then the KO will send a letter to the ESCO accepting the Preliminary Assessment and the ESCO, at the ESCO's risk may conduct and develop a feasibility study/proposal. The Feasibility Study/Proposal shall be submitted for review and approval in accordance with DOE/FEMP format, or DID002 with KO approval. If the ESCO determines after beginning an effort that the effort has no potential, the ESCO may cancel the project and send a letter to the KO indicating the reasons for the cancellation. The ESCO shall meet with Government personnel to discuss the cancellation if required to do so by the KO. If the KO determines that the project is not feasible for any reason including but not limited to financial, technical, contractual, savings determination, installation mission, or organizational issues, then the Government will not be subject to any costs associated with the feasibility study unless the Government exercises its option to obtain ownership of the submitted documentation. The Feasibility Study shall be submitted with the Proposal as one submittal, combining sections C.5.5 and C.5.6.

C.5.5.1 Life Cycle Cost Analysis (LCCA). Cost is one of the most relevant issues in determining project viability.

As such particular attention will be paid to the accuracy of data and assumptions for developing the baseline of the project, cost of the ECM implementation effort, and M&V costs. As much historical data that is available will be utilized to develop the baseline, however the most current data will be more heavily weighted for use. All information will be reviewed to determine if it is reasonable and appropriate. A Life Cycle Cost Analysis (LCCA) will be performed on the project using standard LCCA techniques as specified in the FEMP Guidance in developing an M&V Plan. LCCA guidance is provided in 10 CFR 436A or in the National Institute of Standards and Technology Handbook 135. The LCCA economically evaluates all costs, arising from owning, operating, maintaining, and ultimately disposing of a project, which are potentially important to the implementation decision of the project. All costs are adjusted (discounted) to reflect the time-value of money. It provides a significantly better assessment of the long-term cost effectiveness of a project than alternative economic methods that focus only on first costs or on operating-related costs in the short run. A sensitivity analysis will also be performed to determine the impacts to the project of the influential and variable factors.

C.5.6 ECM Feasibility Study/Proposal. The ESCO shall submit a complete ECM Feasibility…