*Revision Date: 4/24/03* FY Award \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**FEMP SERVICES INTERAGENCY AGREEMENT**

**FOR DOE SUPER ESPC Support**

**Requesting Agency Agreement Number**: [*\[Requesting Agency inserts
**their** number\]*]{.underline}

**[Part I. General Information]{.underline}**

1\) Name and Address of Requesting Agency POC:

# \[Insert agency information, as indicated in paragraph 2) below.\]

2\) Name and Address of Performing Agency POC:

Department of Energy/Golden Field Office

FEMP Services

Attn: Lincoln Capstick, Contract Specialist

1617 Cole Boulevard

Golden, CO 80401

**[Part II. Ordering Information]{.underline}**

1\) [Purpose of this agreement]{.underline}:

This Agreement authorizes the Requesting Agency to provide funds to the
Department of Energy for the purpose of obtaining FEMP Services in
support of a SUPER ESPC project.

2\) [Scope of Work:]{.underline}

The Requesting Agency will obtain FEMP Services in support of the
project at *\[identify the project site\]* in accordance with the scope
of work attached to this Agreement as Attachment 1. *\[attach the
appropriate standard package, or whichever specially priced scope of
work prepared for the specific project site, as applicable to the
Agreement.\] BE CERTAIN TO COORDINATE A NONSTANDARD SCOPE AND ITS
ASSOCIATED PRICING WITH DOUG DAHLE/NREL, AND OBTAIN CONTRACTING OFFICER
REVIEW OF THIS DOCUMENT AND ITS ATTACHMENT PRIOR TO PROVIDING TO THE
AGENCY FOR REVIEW AND SIGNATURE.\]*

3\) [Statutory Authority for transfer of funds]{.underline}:

This Agreement is entered into pursuant to the authority of the [Skaggs
Amendment]{.underline}. The authority of Title II of the Department of
the Interior and Related Agencies Appropriations Act, 1998 (Interior
Appropriations Act of 1998), Pub. L. No. 105-83 (1997), as amended by
Title II of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Omnibus Appropriations Act of 1999), Pub. L.
No. 105-277 (Oct. 21, 1998). This authority, otherwise identified as the
Skaggs Amendment, allows DOE to perform reimbursable work for other
agencies outside standard Economy Act procedures. The Skaggs amendment
is applicable as long as the objective of the proposed efforts is to
assist another agency in achieving greater energy efficiency, water
conservation or use of renewable energy by means of privately financed
mechanisms, such as utility incentives and energy savings performance
contracts. This authority is applicable even if a determination is
ultimately made that a project being pursued is not a feasible
alternatively financed project.

4)  [Costs Incurred]{.underline}:

DOE is required by internal financial procedures to attain full cost
recovery for services provided against this and any Agreement that
provides for FEMP Services. Although the negotiated price for this
Agreement will be the best estimates for the services, utilizing DOE
FEMP Services experience with project support to date, there may be
cases where a priced Scope of Work cannot be completed, due to requests
by the agency for support beyond the scope, or for other reasons
unforeseen at IAA award. Therefore, the Requesting Agency hereby agrees
that The Performing Agency, DOE, is not required to incur costs that
exceed the negotiated price of this Agreement. The Requesting Agency
further agrees that when notified by DOE that costs incurred or
anticipated to be incurred cannot be completed for the price of this
Agreement, it will negotiate either a scope or price revision with DOE
accordingly.

5\) [Duration of Agreement:]{.underline}

The Period of Performance of this Agreement is from the date of
bilateral execution of this Agreement through *[(specify period; depends
on payment provisions and/or the length and extent of support; can be
multiyear)]{.underline}*. The period of performance may be extended by
mutual agreement of the parties via a modification to this Agreement to
reflect that extension.

6\) [Termination:]{.underline}

This Agreement may be terminated by mutual agreement of FEMP Services
and the Requesting Agency, documented in a bilateral modification. This
Agreement may also be unilaterally suspended by either party upon 30
days advance written notice to the other party. In the event of a
termination of this Agreement, the parties will negotiate and agree to
pay incurred costs and any termination costs, as applicable, related to
this Agreement. After negotiation, any funds remaining will be returned
to the Agency.

**[Part III. Financing/Payment Information]{.underline}**

1\) [Accounting and Appropriation Data]{.underline}:

> Agency Location Code

[Appropriation Symbol]{.underline} [(Treasury format is 8
digits)]{.underline}

> \[*Accounting and Appropriation Data for funding provided by the
> Requesting Agency shall be identified in the above format in this
> Agreement.\]*

Requesting Agency Financial Officer Certification:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Insert Name\] Date

2\) [Payment]{.underline}:

> Funds in the amount of \$ *[(to be specified depending on specific
> action, i.e., \$10K, \$30K, special pricing)]{.underline}*\_ will be
> provided by the Requesting Agency during the period of performance of
> this Agreement. *\[indicate the payment provisions...advance, from
> savings, over a period of year, or whatever else applies here.\]*

3\) [Billing Instructions]{.underline}:

> The Performing Agency, DOE FEMP Services/Golden Field Office, will
> collect from the Requesting Agency via U.S. Treasury Inter-government
> Payment and Collection System (IPAC). *\[Specify here any other means
> as agreed upon by the parties here, if not by IPAC.\]*

**[Part IV. Acceptance and Approval]{.underline}**

1\) [Administrative Points of Contact\--Performing Agency (Golden Field
Office):]{.underline}

> [Contracting Officer]{.underline}: Joyce L. Ziesler
>
> Phone: 303-275-4725
>
> Facsimile: 303-275-4788
>
> e-mail: <joyce_ziesler@nrel.gov>
>
> [Contract Specialist]{.underline}: Lincoln Capstick
>
> Phone: (303) 275-4796
>
> Facsimile: (303) 275-4788
>
> e-mail: [lincoln_capstick@nrel.gov](mailto:joyce_ziesler@nrel.gov)
>
> [Financial Officer]{.underline}: Michael Berry
>
> Phone: 303-275-4708
>
> Facsimile: 303-275-4790
>
> e-mail: <mike_berry@nrel.gov>
>
> [Contracting Officer's Representative (COR)]{.underline}:
>
> The COR for this Agreement is *\[insert regional COR and contact
> information.\]*

Phone:

Facsimile:

e-mail:

2\) [Administrative Points of Contact\--Requesting Agency:]{.underline}

*Insert agency information below.*

[Contracting Officer]{.underline}:

Phone:

Facsimile:

e-mail:

[Financial Officer]{.underline}:

Phone:

Facsimile:

e-mail:

> [Technical Contact]{.underline}:
>
> Phone:

Facsimile:

e-mail:

3\) [Approvals:]{.underline}

All signers hereby certify that the statements made on this form and all
attachments thereto are true, accurate, and complete. Signers
acknowledge they have the appropriate authority to commit their
respective agency to the provisions contained in this Agreement.

Requesting Agency: Performing Agency:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*\[Insert name\]* Date Joyce L. Ziesler Date

## Contracting Officer Contracting Officer

***REMEMBER: THIS IS A TEMPLATE, AND SHOULD BE ADJUSTED TO ACCOMMODATE
THE CUSTOMER AND THE SITUATION.***