## *DO RFP TEMPLATE (2/20/07)*

## 

## DOE 

**SUPER ESPC IDIQ CONTRACT**

**DELIVERY ORDER REQUEST FOR PROPOSAL (DO RFP)**

**AGENCY DO RFP NUMBER:**
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

**GENERAL INSTRUCTIONS FOR COMPLETION OF THE DO RFP:**

ALL the terms and conditions of the applicable SUPER ESPC IDIQ contract
apply to this DO RFP, unless changed by completion of the contract
paragraphs identified below. Any additions/deletions/changes to those
contract requirements, as identified as such, override the contract
requirements, which is permitted by the contract language.

**Editor Note: *The paragraph numbering below is the same numbering as
the contract, and includes those sections for which change is usually
appropriate, or is required. These additions/deletions/changes may be
made to any paragraph, however, even if not included below. If a
contract paragraph is not changed, it may be deleted from this DO RFP,
along with this note. All prescriptive (italics) language should also be
deleted prior to issuance of the DO RFP.***

**Contract**

**[Para. No.]{.underline} [Title and Description]{.underline}**

**C.2 ENERGY CONSERVATION MEASURES (ECMs)**

# C.2.1 Types of Energy Conservation Measures

**Editor Note: List any mandatory or restricted technology categories
here, or leave blank to allow any/all of the 19 categories in the IDIQ.
A good strategy is to leave all technology categories open at this point
in time so as to not limit the creativity of the Contractor. Once the
work scope has been established and prior to award, the DO RFP will be
revised to capture on the agreed upon work scope.**

> This Contract and its Delivery Orders require the Contractor to
> possess the capability to implement ECMs that include one or more of
> the following energy efficiency or renewable energy technology
> categories:
>
> 1\. Boiler Plant Improvements, such as, but not limited to

-   boiler control improvements

-   upgrade of natural-gas-fired boilers with new controls

2\. Chiller Plant Improvements, such as, but not limited to

-   chiller retrofits or replacements

> 3\. Building Automation Systems / Energy Management Control

Systems (EMCS), such as, but not limited to

-   HVAC upgrade from pneumatics to Direct Digital Control

-   Upgrade or replacement of existing EMCS systems

> 4\. Heating, Ventilating, and Air Conditioning (HVAC, not including
> boilers, chillers, and BAS/EMCS) such as, but not limited to

-   packaged air conditioning unit replacements

-   HVAC damper and controller repair or replacement

-   replacement of air conditioning and heating units with heat pumps

-   window air conditioning replacement with high efficiency units

-   cooling tower retrofits or replacements

-   economizer installation

-   fans and pump replacement or impeller trimming

-   thermal energy storage

-   variable air volume (VAV) retrofit

> 5\. Lighting Improvements, such as, but not limited to

-   interior and exterior lighting replacements

-   lighting control improvements

-   occupancy sensors installation

-   LED exit sign installation

-   daylighting

6\. Building Envelope Modifications, such as, but not limited to

-   insulation installation

-   weatherization

-   window replacement

-   reflective solar window tinting

7\. Chilled Water, Hot Water, and Steam Distribution Systems, such as,
but not limited to

-   piping insulation installation

-   hot water heater repair and replacement

-   steam trap repair and replacement

> 8\. Electric Motors and Drives, such as, but not limited to

-   motor replacement with high efficiency motors

-   variable speed motors or drives

> 9\. Refrigeration, such as, but not limited to

-   replacement of ice/refrigeration equipment with high efficiency
    units

10\. Distributed Generation such as, but not limited to

-   cogeneration systems installation

-   microturbines installation

-   fuel cells installation

> 11\. Renewable Energy Systems, such as, but not limited to

-   photovoltaic system installation

-   solar hot water system installation

-   wind energy system installation

-   passive solar heating installation

-   alternatively fueled vehicle refueling station installation

> 12\. Energy/Utility Distribution Systems, such as, but not limited to

-   transformers installation

-   power quality upgrades

-   power factor correction

-   gas distribution systems installation

> 13\. Water and Sewer Conservation Systems, such as, but not limited to

-   installation of low-flow showerheads

-   installation of low-flow plumbing equipment

-   installation of water efficient irrigation

-   installation of on-site sewer treatment systems

> 14\. Electrical Peak Shaving/Load Shifting, such as, but not limited
> to

-   thermal energy storage

-   gas cooling

> 15\. Energy Cost Reduction Through Rate Adjustments, such as, but not
> limited to

-   recommendations for change to more favorable rate schedule

-   recommendations for Government negotiation of lower rates, same
    supplier

-   recommendations for lower energy cost supplier(s) (where applicable)

-   energy service billing and meter auditing recommendations

16\. Energy Related Process Improvements, such as, but not limited to

-   production and/or manufacturing improvements

-   recycling and other waste stream reductions

> 17\. Commissioning, such as but not limited to

-   retro-commissioning services

-   continuous commissioning services

18\. Miscellaneous

> 19\. Proposal Development Energy Surveys, such as, but not limited to

-   detailed energy surveys

-   feasibility studies

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**C.2.2 Restrictions on Proposed ECM\'s**

> ***Editor Note: Specify any site- or agency-specific restrictions on
> ECM\'s for the proposed project, if any, which are additional to or
> different than those identified in the contract at C.2.2.***
>
> ECMs installed by the Contractor shall not:
>
> 1\. Jeopardize the operation or environmental conditions of dedicated
> computers or computer rooms;

. Increase water consumption; e.g., once through fresh water cooling
systems

> (Note: evaporative cooling technologies may be considered where
> environmentally appropriate);

. Result in an adverse effect upon the quality of the human environment
or violate any Federal, State, or local environmental protection
regulations;

> 4\. Degrade performance or reliability of existing Government
> equipment;

. Reduce extra capacity that was intentionally included for future
growth, mobilization needs, safety, or emergency back‑up;

. Violate current versions of national codes (e.g., National Electric
Code, Uniform Building Code, etc. , State or local building codes; See
Section C.5.2); or

. Creates unsafe conditions or otherwise adversely impacts government
facilities, operations, and/or personnel;

> Any additional restrictions on ECMs will be specified in delivery
> orders issued against the contract.

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**C.3 FACILITY PERFORMANCE REQUIREMENTS OF ECMs**

> ***Editor Note: Identify the standards of service/performance
> requirements for the environmental, lighting, or any other conditions
> required by the site and/or agency facility manager additional to or
> different than those specified below.***

Installed ECMs shall meet the performance requirements specified below:

> **C.3.1 Environmental & Lighting Conditions**: Modifications to
> building lighting systems and environmental control systems shall not
> be permitted to exceed the ranges of Standards of Service specified in
> Paragraph C.3.2. Where automated controls of lighting or environmental
> conditions are to be installed, the occupants must have the ability to
> override the system.
>
> **C.3.2 Standards of Service:** Installed ECM\'s shall comply with the
> Standards of Service required for facilities as specified in each
> delivery order. The standards of service will include acceptable
> temperature and humidity ranges, air quality parameters, lighting
> levels, and other related factors.

**C.3.2.1 HVAC Systems**

> \(a\) Occupied Areas:

1.  Comfort Range:

    65°F - 78°F dry bulb

    30% - 60% relative humidity

> 2\. In general occupied areas (except computer rooms) the following
> setbacks may be performed: During unoccupied periods during the
> heating season, the temperature may be reduced to 55°F dry bulb.
> During unoccupied periods during the cooling season, the HVAC system
> may be turned off. However, the system must be designed so that it
> will restart if the temperatures approach levels that could damage
> equipment. In any case, temperatures must be restored to the 65°F -
> 78°F dry bulb range by the start of the next occupied period.
>
> 3\. Outside air cannot be reduced below the quantities cubic feet per
> minute (CFM) per person value found in ASHRAE 62-89 (or most current
> version), \"Ventilation for Acceptable Indoor Air Quality\".
>
> \(b\) Computer Rooms
>
> 1\. Operating Range:

70° - 74° dry bulb (or based on Mfr. specs)

45% - 55% relative humidity

> ***Editor Note: ASHRAE now recommends the following operating range
> for most computer rooms:***

68° - 77° dry bulb (or based on Mfr. specs)

> 40% - 55% relative humidity
>
> Broader ranges of temperature and humidity may be permissible to
> enhance energy efficiency if manufacturer specifications suggest that
> equipment performance will not be diminished.
>
> 2\. No environmental control system temperature setbacks will be
> allowed in computer rooms.
>
> \(c\) The HVAC control system must be compatible with the present
> energy management control system. Thermostatic tolerance must be
> within plus or minus one degree Fahrenheit for all areas listed in
> C.3.2.1(b) and plus or minus two degrees Fahrenheit for areas in
> C.3.2.1(a). Any system temperature change required for the operating
> rooms must not exceed 1 degree F in five (5) minutes.
>
> \(d\) Hospitals and other special areas may have special requirements
> as specified in the delivery order.
>
> **C.3.2.2 Lighting Systems:** Except where special circumstances
> exist, illumination levels shall be maintained as near as practical to
> the Illuminating Engineering Society of North America (IES)
> recommended illumination level.

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**C.4 MEASUREMENT AND VERIFICATION OF ECM PERFORMANCE**

> ***Editor Note: The contract requires compliance with the latest
> version of the DOE/FEMP M&V Guidelines in effect at time of Delivery
> Order award. Specify any preferred or restricted M&V option(s) and
> method(s) that are required for use for the specific proposed project
> described in this RFP, or leave blank to indicate that the contractor
> shall propose them.***
>
> ***In Attachment J -- "Agency Contacts and Schedule for Submittal
> Reviews", specify the agency point of contact(s) responsible for
> review of M&V post award submittals and include agency review schedule
> mutually agreed to with ESCO. Post award M&V submittals includes:***
>
> **- *Post-Installation Report***
>
> ***- Annual Reports***

Every delivery order awarded shall include a site-specific Measurement &
Verification (M&V) Plan that specifies the M&V requirements and
procedures that shall apply to the delivery order 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 Federal agency and the Contractor.

The delivery order M&V plan shall specify the M&V options(s) and
method(s) that will be used for each ECM included in the delivery order.
M&V options and methods proposed for each ECM shall comply with the
latest version of the DOE/FEMP M&V Guideline for Federal Energy Projects
in effect at the time of delivery order award.

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**C.4.2 M&V Submittals During Delivery Order Development and Post
Award**

> **Editor Note: *Specify the intervals if more frequent than annual at
> which the agency will require the contractor to verify that the
> installed equipment/systems have been properly maintained, continue to
> operate correctly, and continue to have the potential to generate the
> predicted savings. This may vary by technology category. Include an
> attachment as necessary. ***
>
> \(a\) The Contractor shall prepare and submit a general measurement
> and verification (M&V) approach with its Initial Proposal, identifying
> the M&V options and methods to determine a site-specific
> pre-installation baseline and post-installation ECM performance for
> each proposed ECM.
>
> \(b\) The Contractor shall prepare and submit a site-specific M&V Plan
> with its Final Proposal per requirements in **[Section H.24.1 (b),
> Attachment 7]{.underline}** of this Contract. This site-specific M&V
> plan shall include a schedule indicating M&V activities and post-award
> M&V reporting milestones for each ECM. The approval of this
> Post-Installation Report shall constitute Government Acceptance of the
> energy savings performance guarantee.
>
> \(c\) The Contractor shall prepare and submit a Post-Installation
> Report to the Government (**[Attachment 2, Item 15]{.underline}**)
> pursuant to the Post-Installation Reporting Requirements and
> Submittals **([Attachment 7]{.underline})** verifying that installed
> ECMs demonstrate the guaranteed annual energy, energy-related, and
> water cost savings specified in the awarded Delivery Order. The
> approval by the Government of this Post-Installation Report shall
> constitute Government Acceptance of the Contractor's energy savings
> performance guarantee.
>
> \(d\) The Contractor shall prepare and submit an Annual Measurement
> and Verification Report to the Government **[Attachment 2, Item
> 17]{.underline}** pursuant to **[Attachment 7]{.underline}** including
> data and calculations that demonstrate that continued ECM performance
> achieves the guaranteed annual energy, energy-related, and water cost
> savings as required by the Delivery Order.

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**C.5 INSTALLATION REQUIREMENTS FOR ECM\'s**

> ***Editor Note: Specify any additions, deletions or changes to the
> minimum contents for the design and construction package identified at
> C.5.1.3 of the contract. Specify the submittal requirements for
> preliminary and final reviews of the design and construction package.
> Specify Government preliminary and final design and construction
> package review and comment timelines.***
>
> ***In Attachment J -- "Agency Contacts and Schedule for Submittal
> Reviews", specify the agency point of contact(s) responsible for
> review of Design and Construction Package and include agency review
> schedule mutually agreed to with ESCO.***

NOTE: Once negotiated and awarded, a delivery order is a fixed-price
design/build energy project. Changes to meet design or performance
requirements of the delivery order shall be at no cost to the
Government. Changes in contractor cost due to Government changes to
delivery order requirements will be negotiated as changes.

**C.5.1 Design and Construction Package**

> 1\. The Contractor shall prepare and submit a design and construction
> package to the Federal agency for review and approval prior to
> starting ECM installation in accordance with the delivery order
> reporting requirements checklist. The design and construction package
> shall be certified by a registered engineer to assure compliance with
> applicable building codes and Federal agency design standards. The
> delivery order will specify site specific requirements of the design
> and construction package. The Contractor is responsible for the
> technical adequacy of its work. Acceptance of the design and
> construction package by the Government shall not relieve the
> Contractor from responsibility for adequacy of its design and
> installation work.
>
> 2\. The design and construction package due date will be specified in
> the delivery order reporting requirements checklist. Upon approval of
> the design and construction package, bonds may be required in
> accordance with Section H.17.
>
> 3\. The design and construction package shall be prepared and include
> at least the following:

a\. [Manufacturer\'s Data]{.underline} For all ECM equipment to be
installed the Contractor shall provide the manufacturer\'s descriptive
literature of equipment including drawings, diagrams, performance and
characteristic curves, and catalog cuts.

> b\. [Design Specifications]{.underline} The Contractor shall identify
> and reference design specifications applicable to installed ECMs.
>
> c\. [Construction Drawings]{.underline} Construction drawings shall be
> prepared by the Contractor, subcontractor, or any lower-tier
> subcontractor showing in detail:
>
> ● The installation (i.e., form, fit, and attachment details) of the
> interface between ECM equipment and existing Government equipment.
>
> ● The location of installed equipment on building floor plans.
>
> ● Certification of ECM Compliance with Building Codes and Standards.
> The Contractor shall provide registered engineer certification that
> ECMs comply with all applicable building codes and standards. ECM
> installation plans submitted to the Agency Contracting Officer without
> evidence of the professional engineer (PE) certification shall be
> returned for resubmission.
>
> d\. [Planned Service Interruptions]{.underline} If any utility
> services must be discontinued temporarily to perform work, such
> interruptions shall be described and indicated on the project
> installation schedule. The description shall include the length of the
> interruption, its time (date, day of week, time of day, etc.), and a
> justification.
>
> e\. [Site Plan and Compliance with Federal Site Exterior Architectural
> Plan]{.underline} If an ECM involves the installation of facilities or
> exterior structures, the Contractor shall provide a site plan showing
> its location, or show its location on the Government\'s existing site
> plan. The Contractor shall also provide a plan and elevation drawings
> of the facility or exterior structure showing its size and exterior
> appearance.
>
> f\. [Acquisition of Permits]{.underline} For any ECM installation
> requiring permits from regulatory agencies (i.e., hot‑work permit for
> welding), the Contractor shall provide its plan and schedule for
> acquiring such permits.
>
> g\. [Installation Schedules]{.underline} The installation schedule
> shall show the order in which the Contractor proposes to perform the
> work and the dates on which the Contractor contemplates starting and
> completing all major milestones (including acquiring materials,
> equipment, permits). The schedule shall be in the form of a progress
> chart of suitable scale to indicate the amount of work scheduled for
> completion by any given date during the installation period.
>
> 4\. Design documents will require both a preliminary and final review
> by the Agency. *Each delivery order will specify the submittal
> requirements associated with each review.*

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**C.5.2 Design and Construction Standards**

> ***Editor Note: Specify any design and construction standards
> applicable to the specific site or agency, which are additional to or
> different than those indicated at C.5.2 of the contract. (Recommend a
> note deleting any C.5.2 standards not applicable to the agency or
> site, as required.)***
>
> 1\. A Delivery Order issued against this IDIQ contract award will
> specify design and construction standards applicable to site or agency
> specific facility requirements. At a minimum, all ECMs, work,
> equipment and materials required for ECM installation shall comply
> with the most recent issue of the design and construction standards
> indicated in the delivery order as applicable. The following list of
> standards is provided as a guideline for establishing these
> requirements.
>
> ● American National Standards Institute (ANSI)
>
> ● Code of Federal Regulations (CFR)
>
> \- 29 CFR 1910 Occupational Safety and Health Standards
>
> \- 10 CFR 435 Energy Conservation Voluntary Performance Standards for
> Commercial and Multi-Family High Rise Residential Buildings

\- 29 CFR 1926 Safety and Health Regulations for Construction

> ● National Electric Code (NEC)
>
> ● National Electrical Safety Code (NESC)
>
> ● National Fire Protection Association (NFPA) Standards including, but
> not limited to NFPA 101 - Life Safety Code
>
> ● National Electrical Manufacturers Association (NEMA).
>
> ● Underwriters Laboratory (UL).
>
> ● Uniform Building Code (UBC)
>
> ● Uniform Plumbing Code (UPC)
>
> ● American Society of Heating, Refrigeration and Air-Conditioning
> Engineers (ASHRAE)
>
> \- ASHRAE 90.1
>
> ● Army Corps of Engineers Safety Manual
>
> ● National Electrical Manufacturers Association (NEMA)
>
> ● National Historic Preservation Act, as applicable
>
> ● Illuminating Engineering Society of North America (IES)
>
> ● American Institute of Architects (AIA) Masterspec

● Air Conditioning and Refrigeration Institute (ARI)

> ● Occupational Safety and Health Administration regulations
>
> ● Other design standards required by the ordering Federal Agency
>
> 2\. No requirement of this contract shall supersede applicable
> regulations, local codes and/or standards. Any violation of such
> regulations and standards shall be brought to the attention of the
> Agency Contracting Officer for clarification prior to proceeding with
> the work.
>
> 3\. If conflicts between designated applicable codes and/or standards
> exist, the Agency Contracting Officer\'s Representative and applicable
> authority having jurisdiction shall determine the appropriate code to
> follow.

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# C.5.3 ECM Quality Control Inspection Program

> ***Editor Note: Specify any quality control inspection program
> requirements applicable to the specific site or agency, which are
> additional to or different than those indicated at C.5.3 2 below.
> Include submittal requirements for this program in the reporting
> requirements checklist.***
>
> ***In Attachment J -- "Agency Contacts and Schedule for Submittal
> Reviews," specify the agency point of contact(s) responsible for
> review of ECM Quality Control Inspection Program and include agency
> review schedule mutually agreed to with ESCO.***
>
> 1\. The Contractor shall be responsible for quality control during
> installation of ECMs. The Contractor shall inspect and test all work
> performed during ECM installation to ensure compliance with the
> delivery order\'s performance requirements. The Contractor shall
> maintain records of inspections and tests, including inspections and
> tests conducted by or for utility or other regulatory agencies. The
> Contractor shall prepare a Quality Control Inspection Program for
> review and acceptance by the Government. The ECM Quality Control
> Inspection Program shall be prepared and submitted in accordance with
> the delivery order reporting requirements checklist.
>
> 2\. The ECM Installation Quality Control Inspection Program shall
> detail the procedures, instructions, and reports that ensure
> compliance with the delivery order and this IDIQ contract. This plan
> shall include as a minimum:
>
> a\. The quality control organization, in chart form, showing the
> relationship of the quality control organization to the Contractor\'s
> organization.
>
> b\. Names and qualifications of personnel in the quality control
> organization.
>
> c\. Area of responsibility and authority of each individual in the
> quality control organization.
>
> d\. A listing of outside organizations, such as testing laboratories,
> architects, and consulting engineers that will be employed by the
> Contractor, and a description of the services these firms will
> provide.
>
> e\. Procedures for reviewing all shop drawings, samples, certificates,
> or other submittals for delivery order and indefinite quantity
> contract compliance, including the name of the person(s) authorized to
> sign the submittals for the Contractor, as complying with the delivery
> order and indefinite quantity contract\'s requirements.
>
> f\. An inspection schedule, keyed to the installation schedule,
> indicating necessary inspections and tests, the names of persons
> responsible for the inspections and tests, and the time schedule for
> each inspection and test.
>
> g\. The procedures for documenting quality control operations,
> inspection, and testing, with a copy of all forms and reports to be
> used for this purpose. The Contractor shall include a status log
> listing all submittals required by the inspection plan and stating the
> action required by the Contractor or the Government. The Contractor
> shall also prepare and maintain a testing plan that shall contain a
> listing of all tests required by the delivery order and/or IDIQ
> contract requirements.
>
> h\. The Quality Control Inspection Program Plan shall be submitted to
> the COR for review and approval as a separate stand-alone document
> after award of the delivery order, along with the required Design and
> Construction Package. The initial Government review will be completed
> within fifteen (15) working days of its receipt. The Contractor shall
> then submit any revisions within fifteen (15) working days after
> receipt of the Government\'s notice or request for clarification.
> After receipt of the requested revised contractor information, the
> Government\'s review and approval shall be completed within fifteen
> (15) working days.

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**C.5.4 ECM Commissioning**

> ***Editor Note: In Attachment J -- "Agency Contacts and Schedule for
> Submittal Reviews", specify the agency point of contact(s) responsible
> for review of Commissioning post award submittals and include agency
> review schedule mutually agreed to with ESCO. Post award Commissioning
> submittals includes:***
>
> **- *Commissioning Plan***
>
> ***- Commissioning Report***
>
> The Contractor shall assure the Government through the ECM
> Commissioning that the ECMs performance achieves facility performance
> requirements as set out in the Delivery Order. The ECM Commissioning
> shall be accomplished through a process of verification and
> documentation, from the post-award design phase to Acceptance.
>
> **C.5.4.1 ECM Commissioning Approach** - The Contractor shall submit
> in its Final Proposal a severable ECM Commissioning Approach document
> that utilizes data and factors derived from the Detailed Energy
> Survey, needed to achieve facility performance requirements in
> accordance with the Delivery Order contract.
>
> **C.5.4.2 ECM Commissioning Plan** - The Contractor shall provide a
> Commissioning Plan **[Attachment 2, Item 8]{.underline}** that
> finalizes the Commissioning Approach and addresses each ECM with
> specific steps that will be taken during the commissioning process.
>
> **C.5.4.3 ECM Commissioning Report** - The Contractor shall submit a
> Commissioning Report documenting the ECM's affect upon facility
> performance requirements in accordance with the Commissioning Plan
> **[(Attachment 2, Item 14]{.underline}**). The approval of this ECM
> Commissioning Report by the Government shall constitute Acceptance of
> the Contractor's achievement of facility performance requirements.

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**C.5.5 Environmental Protection**

> ***Editor Note: Specify any known potential environmental impacts
> and/or known hazardous waste handling and storage requirements
> relative to the specific site or agency, and/or the proposed project
> ECM\'s. (This could include information on indoor air and water
> quality, fragile eco-systems or endangered species; the need to use
> low-emission paints and solvents; preference(s) for recycling or
> historical preservation considerations; etc.) Specify if 40 CFR
> Section 311 applies to the delivery order.***
>
> ECMs shall cause no adverse impacts upon the quality of the human
> environment. Impacts on air quality (pollutants, noise level, and
> odors or fumes) and potable water use are examples of potential areas
> of concern at the project site. Any planned building modifications
> shall comply with the National Environmental Policy Act (NEPA) and
> other applicable Federal, state, and local environmental protection
> regulations. The delivery order will identify specific known hazardous
> waste handling and storage requirements (e.g., PCB ballasts removed
> from lighting fixture retrofits).
>
> The contractor shall comply with applicable Federal, state and local
> laws and with the applicable regulations and standards regarding
> environmental protection. All environmental protection matters shall
> be coordinated with the Agency Contracting Officer. Authorized
> Government officials may inspect any of the contractor\'s work areas
> on a no-notice basis during normal working hours. In the event that a
> regulatory agency assesses a monetary fine against the Government for
> violations caused by contractor negligence, the contractor shall
> reimburse the Government for the amount of any fine and other related
> costs. The contractor shall also clean up any oil spills, hazardous
> wastes, and hazardous materials resulting from the contractor\'s
> operations. The contractor shall comply with the instructions of the
> cognizant Federal agencies\' safety and health personnel to avoid
> conditions that create a nuisance or which may be hazardous to the
> health of Government or civilian personnel.
>
> The contractor shall prepare at its expense all documentation
> necessary to acquire permits to comply with all applicable Federal,
> state and local requirements prior to implementing affected ECMs in
> the performance of a delivery order. The contractor shall not receive
> a notice to proceed with installation until all environmental
> protection requirements contained in the IDIQ contract and a delivery
> order have been satisfied.
>
> The contractor shall comply with 40 Code of Federal Regulations (CFR)
> Section 311, and with the requirements of the latest edition of the
> applicable Federal agency\'s Spill Prevention Control and
> Countermeasures Plan, as required by a delivery order.

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**C.5.6 Service Interruptions**

> ***Editor Note: Specify the advance notice requirement for planned
> utility service interruptions, if different than that identified in
> C.5.6 1 of the contract. If different, also modify the reporting
> requirements checklist. The contract at C.5.6 provides for required
> procedures for the contractor to follow when there will be service
> interruptions. If different or additional procedures, and/or
> notification and approval requirements relative to these interruptions
> are desired, specify them here. (For example, a laboratory or hospital
> facility may require provision for auxiliary power during
> interruptions)***
>
> 1\. For any planned utility service interruptions, the Contractor
> shall furnish a request to the Agency Contracting Officer\'s
> designated representative for approval at least fifteen (15) working
> days in advance or as specified in the delivery order. The request
> shall identify the affected buildings and duration of planned outage.
>
> 2\. The Government will coordinate with affected tenants and customers
> as applicable.
>
> 3\. If the discontinued service is due to any emergency breakdown, the
> Contractor shall notify the Agency Contracting Officer\'s designated
> representative as soon as possible and the Government will notify
> those affected tenants and customers as applicable.
>
> 4\. Federal agencies may have additional requirements that apply to
> specific delivery orders, and if applicable, will be specified in the
> delivery order. These additional requirements may include liquidated
> damages for violations of service interruption provisions.

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**C.5.7 As-Built Drawings**

> ***Editor Note: The contract indicates that as-built drawings shall be
> submitted in accordance with agency standards or specifications
> identified in the delivery order. Specify these standards and/or
> specifications, and if there is a time period to be specified for
> Government review, also provide it here.***
>
> After completion of installation and Government acceptance of
> installed ECMs, the Contractor shall submit as‑built drawings to the
> Agency Contracting Officer or his/her designated representative in
> accordance with agency standards or specifications identified in the
> delivery order.

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**C.6 OPERATION OF ECMs**

> ***Editor Note: The Contractor is ALWAYS responsible for the operation
> of the equipment installed under an ESPC. This is due to their
> offering a guarantee for the energy savings. What is at stake is which
> party (Government or Contractor) will perform the day-to-day
> operations activities. Please provide guidance with regard to your
> site's stand on this issue.***
>
> **C.6.1** The Contractor shall be responsible for operation of all
> Installed ECMs. The operations work effort for Installed ECMs shall
> include operations tasks at specific stations, continuous or periodic
> equipment monitoring, and minor on-line equipment adjustments required
> to achieve all facility and energy conservation performance
> requirements of the Delivery Order.
>
> **C.6.2** When the implementation of an Installed ECM results in a
> change in an existing operations work procedure, the Contractor shall
> prepare a new written operations work procedure for approval by the
> Agency Contracting Officer.
>
> **C.6.3** Operations of ECMs may be assumed by the Government through
> a determination by the Agency Contracting Officer. In such cases the
> Government will operate and maintain the ECM in accordance with the
> Contractor-provided work procedures. If the Government fails to
> operate an ECM pursuant to the Contractor-provided work procedures,
> the Government will compensate the Contractor for losses directly
> attributable to that action.
>
> **C.6.4** The Contractor shall maintain adequate and necessary records
> which will be made available during the annual M&V review. Said
> records will contain at a minimum the ECM affected, initial date of
> incident, date repair and/or replacement implemented, and description
> of activities performed and be included in the annual ECM report
> **[(Attachment 2, Item 17)]{.underline}**.

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**C.7 PREVENTIVE MAINTENANCE OF ECMs**

> ***Editor Note: The Contractor is ALWAYS responsible for the
> maintenance of the equipment installed under an ESPC. This is due to
> their offering a guarantee for the energy savings. What is at stake is
> which party (Government or Contractor) will perform the day-to-day
> preventative maintenance activities. Please provide guidance with
> regard to your site's stand on this issue.***
>
> **C.7.1** Preventive maintenance work includes periodic equipment
> inspections, tests, calibrations, and preventive maintenance tasks and
> actions required to ensure that systems operate as intended. The
> Contractor shall be responsible for preventive maintenance of all
> Installed ECMs, unless this activity is assumed by the Government, in
> writing, by the Agency Contracting Officer.
>
> **C.7.2** The Contractor shall prepare a written preventive
> maintenance work procedure for each Installed ECMs. The Contractor
> shall train Government personnel in the new approved preventive
> maintenance work procedures.
>
> **C.7.3** If the Government assumes preventive maintenance work, the
> equipment shall be maintained in accordance with the preventive
> maintenance work procedures and checklists provided by the Contractor
> and approved by the Agency Contracting Officer. If the Government
> fails to perform preventive maintenance per Contractor-provided
> preventive maintenance procedures and checklists, and the performance
> of the Installed ECMs is adversely affected, (including manufacturer
> equipment warranties) the Government will compensate the Contractor
> for the losses directly attributable to that action.

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**C.8 REPAIR OF ECMs**

> ***Editor Note: The Government can elect to assume repair and
> replacement responsibilities. By assuming this responsibility, the
> Government acknowledges that at any time during the course of the
> contract term, given an equipment failure, they will pay for the
> repair or replacement. Consider this to be a "pay as it fails"
> scenario. On the other end of the spectrum, the Contractor can be
> responsible for this. Consider this to be an "extended warranty".
> Should a piece of equipment fail at any time during the contract term,
> the Government simply notifies the Contractor and they will have the
> equipment repaired or replaced. Obviously, there is a cost to this
> feature and the Government is responsible for this annual payment.
> Specify which route you would prefer.***

**C.8.1** The Contractor shall be responsible for the repair and
replacement of all Installed ECMs unless otherwise negotiated by the
Agency Contracting Officer.

> **C.8.2** Repair of ECMs includes all material and equipment
> associated with the replacement or rebuilding of facilities, systems,
> and/or equipment that have failed and/or to be in a condition of
> diminished ECM performance as determined by the Contractor, and
> concurred to by the Agency Contracting Officer.
>
> **C.8.3** If equipment failure or damage is a result of Government
> negligence, the Government will provide repair or replacement. If
> repaired or replaced by the Contractor as directed by the Government,
> the Government will reimburse the Contractor for losses attributable
> to that negligence.
>
> If equipment failure or damage is a result of Contractor negligence,
> the Contractor will provide repair or replacement at its expense, or
> if repaired or replaced at Government expense, will reimburse the
> Government for losses attributable to that negligence.
>
> **C.8.4** If determined appropriate by the Agency Contracting Officer,
> a Delivery Order under this Contract may provide for the establishment
> of an escrow account by the Contractor which can accumulate Contract
> payments to be used by the Contractor for the repair and replacement
> of equipment installed under the Delivery Order. The Delivery Order
> shall set out how unused funds in the account will be dispersed at the
> end of the contract term. Any escrow account so established shall be
> in accord with federal fiscal law and not alter the rights and
> responsibilities of the Parties as set out in this Section.

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**C.9 CONTRACTOR MAINTENANCE AND REPAIR RESPONSE TIME**

> ***Editor Note: Specify required accessibility of an identified
> contractor\'s point of contact for all repairs, both non-emergency and
> emergency, including minimum and maximum response times for each
> instance. (See C.9.1 in contract for all information that is required
> to be specified here.)***
>
> **C.9.1** The Contractor shall establish a point of contact (name and
> phone number) for use by the Government in providing response to
> contractor equipment failures. The point of contact shall be available
> as specified in the delivery order throughout the delivery order\'s
> term. Initial telephone response to repair call messages shall be
> within the time frame specified in the delivery order. If a site visit
> is needed to repair equipment, repair personnel shall arrive on site
> within the time frame specified in the delivery order of the initial
> telephone response for non‑emergency repairs or within the time frame
> specified within the delivery order for emergency repairs. Although
> normal contractor access is during the normal work hours specified for
> the specific site in the delivery order, the Contractor may be granted
> 24-hour per day access to the buildings for emergency work.

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> **C.9.2** Emergency maintenance and repair work is defined as
> maintenance or repair necessary to correct an imminent failure of
> Section C.3 Standards of Service or any action necessary to protect
> the safety or health of the facility occupants and prevent adverse
> impacts on property.
>
> ***Editor Note: Define any emergency maintenance and repair work, as
> it relates to the ECM or ECMs included in the delivery order, beyond
> that already defined at C.9.2.***
>
> ***Editor Note: This section provides terms and conditions that will
> apply when the contractor fails to respond as required. If these terms
> and conditions are not acceptable or desired by the agency for a
> project, provide revised terms and conditions here.***

**C.9.2** Emergency maintenance and repair work is defined as specified
in the delivery order.

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> **C.9.3** In the event the Contractor fails to respond as required in
> the delivery order and in the event of emergencies, the Government may
> incur expenses to perform emergency repairs to contractor-installed
> equipment as well as Government equipment for which the Contractor
> assumed maintenance and repair responsibilities, and deduct such
> incurred expenses from future contractor invoices. The Contractor
> shall hold the Government harmless in such cases where the Contractor
> fails to respond in emergencies. In addition, the Contractor shall
> reimburse the Government for any costs incurred, as negotiated and
> agreed upon by the parties for specific projects.

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**C.10 OPERATIONS AND MAINTENANCE MANUALS AND TRAINING FOR ECM\'s**

**C.10.1 Operations and Maintenance Manuals**

> ***Editor Note: Specify the requirements for submission of O&M plans
> and spare parts lists.***
>
> The Contractor shall furnish operation and maintenance (O&M) manuals
> and recommended spare parts lists for O&M of the contractor‑installed
> ECMs and modified Government equipment. O&M plans and spare parts
> lists shall be submitted prior to Government acceptance of the
> project, as specified in the delivery order.

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**C.10.2 Government Personnel Training for ECMs**

> ***Editor Note: Specify the agency requirement for ECM operations and
> maintenance training of Government personnel, if different than that
> specified in C.10.2.1 of the contract. Specify site for ECM Training
> Program, or indicate it will be specified later, and identify any
> site- or agency-specific requirements for Government Personnel
> Training on the installed ECM\'s. (May wish to require a Training
> Plan.)***
>
> 1\. Thirty (30) days prior to the installation completion, the
> Contractor shall train Government personnel and/or Government
> Operations and Maintenance (O&M) contractors as required to operate,
> maintain, and repair ECM equipment and systems in the event of
> emergencies.
>
> a\. [Training Program ‑ General Requirements:]{.underline} The
> Contractor shall provide a training program for Government personnel
> and/or Government O&M contractors for each ECM in a project. The
> program shall provide instruction on operation, troubleshooting,
> maintenance, and repair of ECMs. Training shall include both a
> classroom phase and a practical application phase. The course material
> shall include the operation and maintenance plans and manuals. The
> program shall be conducted at the delivery order\'s specified site(s)
> in facilities provided by the Government.
>
> 2\. The Contractor shall train Government personnel and/or Government
> O&M contractors to operate, maintain, and repair ECM equipment ninety
> (90) days prior to the end of the delivery order\'s term.

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**C.11 GOVERNMENT PROJECTS**

> ***Editor Note: Specify here any Government projects which may impact
> contractor ESPC project performance at the agency site. Further,
> indicate any revised terms and conditions other than those specified
> at C.11 of the contract for resolution of situations where Government
> projects performance affects contractor achievement of guaranteed
> savings.***
>
> There shall be no restriction on Government projects of any kind
> including those that may provide energy conservation equipment, the
> removal of existing energy consuming equipment, or the addition of new
> energy consuming equipment for mission needs. The Government shall
> notify the Contractor when Government projects are to be implemented
> which may impact the installation or operations of
> contractor-installed ECMs. If the Government project affects
> determination of annual energy savings, then a baseline adjustment
> will be negotiated and incorporated into the delivery order by
> modification.

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C.12 UTILITY OR SYSTEM BENEFIT FUND ENERGY EFFICIENCY/RENEWABLE PROJECT
FINANCIAL INCENTIVES

> ***Editor Note: If known, specify any utility or other entity offering
> financial incentives for energy projects that the Contractor should
> investigate under requirements of this provision. (Coordinate with
> Agency Contracting Officer relative to disposition of revenues
> acquired from any incentives during final proposal preparation, and
> include the CO direction in the final proposal.)***
>
> ***State if the ESCO is expected to guarantee the rebate, or require
> that the ESCO address the loss of rebate contingency in its
> proposal.***
>
> ***In Attachment J -- "Agency Contacts and Schedule for Submittal
> Review," specify the agency point of contact(s) responsible for review
> of financial incentive application and post installation inspection by
> financial incentive provider and include agency review schedule
> mutually agreed to with ESCO.***

The Contractor shall be responsible for determining the source, value,
and availability of any applicable financial incentives to the project
offered by the local utility serving the facility and/or the state in
which the facility is located, and if the value of the incentives
exceeds the administrative costs to be incurred by the Contractor or the
Government in acquiring such incentives.

The Contractor shall be responsible for coordinating with the Agency
Contracting Officer as to the preparation of any and all documentation
required to apply for any such applicable financial incentives and to
effectively apply such incentives to the project.

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**C.13 AVAILABILITY OF UTILITIES**

> ***Editor Note: This section of the contract addresses the terms and
> conditions that will apply to the Government furnishing utilities. If
> these terms and conditions are not acceptable or desired by the agency
> for a project, specify revised terms and conditions here.***

The Government will furnish water and electric current at existing
outlets as may be required for the installation work to be performed
under a delivery order at no cost to the Contractor. The Contractor at
its expense and in a workmanlike manner satisfactory to the Agency
Contracting Officer shall install and maintain all necessary temporary
connections and distribution lines for each utility. Information
concerning the location of existing outlets may be obtained from the
Contracting Officer or the Contracting Officer\'s designated
representative. The Contractor shall remove all the temporary
connections, distribution lines, and associated equipment upon
completion of the installation work.

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C.14 GOVERNMENT FURNISHED PROPERTY AND CONTRACTOR FURNISHED MATERIAL

> ***Editor Note: Indicate any Government Furnished Property for the
> project at this provision.***

The Contractor shall provide all materials and supplies necessary to
perform the work as specified in the delivery order. Materials and
supplies provided shall be of acceptable industrial grade and quality
and in compliance with any applicable standards (see Section C.5.2). All
such materials and supplies must be compatible, and operate safely
within design parameters of existing systems equipment.

As an ESPC contract presumes that all property will be furnished by the
Contractor, a provision in a delivery order issued against this contract
for specified Government Furnished Property for performance of this
contract is not expected to normally occur. However, should Government
Furnished Property be required or considered appropriate for a delivery
order award, it would be designated and identified at this numbered
provision in the delivery order request for proposal for the delivery
order project.

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**C.16 FIRE PREVENTION**

> ***Editor Note: Specify any site- or agency-specific fire prevention
> procedures, rules or regulations.***

The Contractor shall ensure that its employees shall know how to
activate a fire alarm. The Contractor shall observe all requirements for
handling and storing combustible supplies, materials, waste and trash.
Contractor employees operating critical equipment shall be trained to
properly respond during a fire alarm or fire in accordance with the
applicable agency\'s fire prevention procedures, rules or regulations as
identified in the delivery order. The Contractor shall obtain all
required welding permits prior to any welding.

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# C.17 SALVAGE

> ***Editor Note: List any equipment you expect will be salvaged that
> the agency would like to retain, and designate here or in the delivery
> order a place for its storage.***

All material and equipment removed or disconnected during the
implementation phase of a delivery order issued under this contract
shall remain the property of the Government and shall be included in the
proposal for each ECM. The Government will identify the equipment it
wants stored. Any material and equipment not to be stored and all debris
resulting from work under a delivery order shall be removed from the
site by the Contractor at his expense.

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**C.18 ASBESTOS AND OTHER HAZARDOUS MATERIALS**

> ***Editor Note: This section provides the terms and conditions for
> contractor proposal of costs, during delivery order performance, of
> removal of hazardous materials from a project site. If the agency
> desires different terms and conditions for the specific site, these
> revised terms and conditions should be specified here.***

As part of each ECM project proposed, it is preferred that the
contractor include the cost of removal of any known hazardous-containing
material in each contractor-proposed ECM that involves the removal of
such. If the need for removal of hazardous material is known by the
Contractor, but the cost is not included in the ECM project proposal,
this need shall be identified by the contractor in the proposal.

Should the contractor propose and receive an award for an ECM project,
and hazardous material is identified after award, the contractor shall
immediately stop work, take measures to reduce the Contractor or
building personnel contamination, and immediately notify the Agency
Contracting Officer and the building manager of the hazardous material
condition and location. The Government shall then either:

> \(a\) remove and dispose of the material itself, by its own personnel
> or by separate contract award; or
>
> \(b\) give the contractor the option of either a delivery order
> modification for removing and disposing of the material at its
> expense, via a renegotiation of either the guaranteed savings and
> contractor payments for the project and/or of the delivery order
> project term, or by separate award for the effort. If the contractor
> performs the effort, he shall be required to remove the hazardous
> material in the manner agreed upon by the parties, and any equitable
> adjustment necessary due to the change to or elimination of the ECM
> involved shall be handled as a delivery order modification.

In addition, hazardous material and PCB handling and disposal, if it is
or becomes the responsibility of the Contractor in a delivery order
award, shall be handled as follows:

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(a) **Hazardous Material Handling and Disposal:**

> ***Editor Note: The contract provides requirements for disposal of
> hazardous wastes. Specify any additional or different site- or
> agency-specific requirements here.***
>
> Hazardous wastes resulting from contractor-owned material and
> equipment must be disposed of in accordance with Resource Conservation
> and Recovery Act and all applicable Federal, state and local
> regulations. All shipping manifests for hazardous waste must be signed
> by the authorized Federal personnel for the project site, as well as
> by the Contractor prior to transfer off-site. The Federal agency\'s
> generator number will be entered on the manifest. The delivery order
> will provide additional site specific requirements.

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(b) **PCB Handling and Disposal:**

> ***Editor Note: The contract provides requirements for PCB recycling
> and/or disposal. Specify any additional or different site- or
> agency-specific requirements here.***
>
> If PCB ballasts exist at a site covered by a delivery order, then the
> delivery order shall contain the necessary clause addressing PCB
> recycling and/or disposal requirements to comply with applicable state
> and local regulations. The delivery order will provide additional site
> specific PCB handling and disposal requirements (if applicable).

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**C.20 SAFETY REQUIREMENTS**

> ***Editor Note: Specify any site- or agency-specific safety
> requirements additional to or different than those specified at C.20
> of the contract.***

All work shall be conducted in a safe manner and shall comply with the
requirements in the Army Corps of Engineers Safety manual and the
Accident Prevention clause in Section I of this contract (FAR
52.236-13). The Government will not provide safety equipment to the
Contractor. Additional safety requirements may be included in delivery
orders based on individual Federal agency implementing regulations,
and/or specific requirements of the delivery order projects.

Other specific requirements relative to safety are as follows:

> \(a\) Prior to commencing work, the Contractor shall meet with the
> Agency Contracting Officer and the Agency COR to agree upon
> administration of the safety program.
>
> \(b\) The contractor\'s workplace may be inspected periodically for
> OSHA violations. Abatement of violations shall be the responsibility
> of the Contractor and/or the Government as determined by the Agency
> Contracting Officer. The Contractor shall provide assistance to the
> Government representative and Federal or state OSHA inspector if a
> complaint is filed. Any fines levied on the Contractor by Federal or
> state OSHA offices due to safety/health violations will be paid
> promptly by the contractor.
>
> \(c\) In accordance with the Accident Prevention clause in Section I
> of this contract, the contractor shall report to the Agency
> Contracting Officer or COR all accidents within 24 hours of their
> occurrence.
>
> \(d\) In accordance with the Accident Prevention clause in Section I
> of this contract, the contractor shall submit to the Agency
> Contracting Officer or Agency COR a full report of damage to
> Government property and equipment by contractor\'s employees or
> contractor\'s subcontractors, at any tier. All damage reports shall be
> submitted to the Agency Contracting Officer or COR within 24 hours of
> their occurrence.
>
> \(e\) A safety and health plan and hazard analysis shall be prepared
> prior to the start of work on a construction site.

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**C.21 SECURITY REQUIREMENTS**

> ***Editor Note: Specify any site- or agency-specific safety
> requirements additional to or different than those specified at C.21
> of the contract.***
>
> \(a\) **[Passes and Badges]{.underline}**: All contractor employees
> shall obtain employee and vehicle passes and badges as required by the
> agency for the specific delivery order project site. The Contractor
> shall, prior to the start of on-site work, submit to the Agency
> Contracting Officer, or the Agency Contracting Officer\'s designated
> representative, an estimate of the number of employees expected to be
> utilized at any one time on the delivery order. The Government will
> issue badges it requires without charge. When an employee leaves the
> contractor\'s service, the employee\'s pass and badge shall be
> returned within ten (10) days.
>
> \(b\) **[Contractor Vehicles]{.underline}**: Each contractor vehicle
> shall display the contractor\'s name such that it is clearly visible.
> Contractor vehicles shall, at all times, display a valid state license
> plate and safety inspection sticker. The Government may issue vehicle
> passes as it determines, and these shall also be displayed so as to be
> clearly visible.

\(c\) **[Contractor Access to Buildings]{.underline}**:

> 1\. It shall be the contractor\'s responsibility, through the Agency
> Contracting Officer or the Agency COR\'s designated representative, to
> obtain access to buildings on the delivery order project site, as
> necessary, and arrange for the buildings to be opened and closed as
> follows:
>
> i\. For minor work of two hours or less duration, the contractor shall
> contact the building manager and security organization.
>
> ii\. For major work, defined as work in excess of two hours duration,
> and/or work that will create dust or noise, the contractor shall
> contact the Agency Contracting Officer or the Agency Contracting
> Officer\'s designated representative at least one week in advance of
> the start of the work. The contractor must provide a description of
> the work, the number of workers required, and duration of the work.
>
> 2\. Keys may be issued to the contractor; however, it shall be the
> contractor\'s responsibility to make adequate arrangements for
> security of the building at the end of each work day. The contractor
> shall be responsible for the cost of replacing any keys that are
> furnished to and lost by its employees. If the Agency Contracting
> Officer or the Agency COR decides that a lock must be replaced because
> of the loss of a key by the contractor\'s employee(s), the contractor
> shall pay the cost of that replacement. Similarly, the contractor
> shall pay the cost of changing a combination if the Agency Contracting
> Officer or the Agency COR has reasonable cause to assume that the
> combination has been compromised.
>
> 3\. Access to tenant spaces must be scheduled with the Agency
> Contracting Officer or the Agency Contracting Officer\'s designated
> representative at least ten (10) days in advance, unless otherwise
> indicated in the delivery order. Notice must include names of
> employees to be admitted, expected arrival time, and visit duration.
> Buildings that require an escort will be identified in the
> solicitation for a specific project. All access will be during normal
> working hours, Monday through Friday, as specified in the delivery
> order.
>
> \(d\) **[Contractor Access to secure areas]{.underline}**: Certain
> areas of a project site may require that the contractor and its
> employees have an escort, and/or place limits on the days and times
> that the contractor and its employees may work in these areas.
> Specific delivery orders will identify any such secure areas and the
> requirements for contractor access to them.

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**C.23 WORK SCHEDULE REQUIREMENTS**

**Editor Note: Specify normal working hours at the site, and indicate if
the contractor is to work within this schedule, may propose an alternate
schedule, or must adhere to another agency-specified schedule. Specify
the advance notice and request for approval requirements for IDIQ
contractor work outside normal working hours if different than that
identified in C.23 of the contract.**

The contractor shall arrange its on-site work so that it will not
interfere with normal Government business. The contractor shall develop
a monthly work schedule for all on-site work performed from delivery
order award through implementation and performance periods for all ECMs.
In no event shall the contractor change approved work schedules without
the prior consent of the Agency Contracting Officer or the Agency
Contracting Officer\'s designated representative.

If the contractor desires to work on Saturday, Sunday, holidays, or
outside the project site\'s normal working hours, which normal working
hours will be specified in the delivery order, it may submit a request
for approval to the Agency COR at least seven (7) working days prior to
the proposed start of such work.

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**D.4 DELIVERY AND STORAGE**

> ***Editor Note: Specify (consistent with section C.18 above) any
> special state and local requirements, as well as site- or
> agency-specific requirements, for hazardous waste handling, storage,
> shipping and disposal, as required for known or anticipated generation
> of hazardous waste, relevant to this specific ECM project.***

The contractor shall properly store, adequately protect and carefully
handle all equipment and materials to prevent damage. Delivery orders
may specify any special state and local or agency-specific requirements
for hazardous waste handling, storage, shipping and disposal as required
for known or anticipated generation of hazardous waste.

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**E.4 INSPECTION AND ACCEPTANCE OF INSTALLED ECMs**

> ***Editor Note: The contract at Section E.4 provides Inspection and
> Acceptance criteria and contractor requirements for prior notification
> of ECM installation(s) and inspection(s). Revise these criteria and
> notification requirements as desired, and include here any additional
> site- or agency-specific inspection and acceptance requirements.***

Each delivery order will include specific inspection and acceptance
criteria pertinent to the delivery order project. The following general
inspection and acceptance requirements shall apply to each delivery
order, unless otherwise indicated in the delivery order:

> \(a\) The Contractor shall arrange for the inspection of construction
> work and construction oversight to verify that the energy efficiency
> equipment and/or system modifications are properly supplied as
> designed and specified, and installed in accordance with the approved
> installation plan, all applicable codes and standards, the delivery
> order specifications and in a manner that will provide the intended
> long-term function, energy savings, and performance of the equipment.
> (Reference the requirement for Building Commissioning in paragraph
> C.5.4.) Any monitoring and verification of equipment and systems
> installed shall be consistent with requirements defined in the
> approved M&V plan. All start-up and testing shall be conducted in the
> presence of the Agency COR.
>
> \(b\) The Agency Contracting Officer will accept the project
> installation in writing, in accordance with Section G.3.(a). upon
> satisfactory completion of the required 30-day test period, and upon
> receipt of all other required deliverables.
>
> \(c\) Each delivery order may include additional agency-specific or
> site-specific inspection and acceptance requirements, and timeframes
> for completion. The Contractor shall review each delivery order to
> determine the recommended applicable inspection and acceptance
> requirements for that delivery order.

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**F.1 PERIOD OF PERFORMANCE OF INDEFINITE DELIVERY/INDEFINITE QUANTITY
(IDIQ) CONTRACT AND DELIVERY ORDERS**

> ***Editor Note: Specify the number of days within which the contractor
> shall be required to commence work after the contractor receives the
> notice to proceed.***

The contractor shall be required to commence work under this contract
only upon issuance of delivery orders against it. The contractor shall
be required to commence work on specific delivery orders within the
number of days specified in the delivery order, and once the contractor
has received a notice to proceed. The contractor shall then prosecute
the work diligently and complete the installation of all energy
conservation measures (ECMs) in accordance with the schedule established
in the delivery order.

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**F.1.2 Delivery Order Term**

> ***Editor Note: Specify term of delivery order.***

The term of the delivery order shall not exceed XX years.

**F.2 PRINCIPAL PLACE OF PERFORMANCE**

> ***Editor Note: Fill in the blanks.***

The principal place of performance for this delivery order is (Insert
Site Name), (Insert City & State).

**F.3 DELIVERABLES**

> ***Editor Note: Fill in the blank.***

Deliverables shall be in accordance with the Reporting Requirements
Checklist found as Attachment X in Section J of this DO RFP.

**G.1** **CONTRACT ADMINISTRATION FOR THE GOVERNMENT**

> ***Editor Note: Provide contact information for both the contracting
> officer and the COR.***
>
> \(a\) [ADMINISTRATION OF THE CONTRACT]{.underline}: Administration of
> this Contract shall be accomplished by the Department of Energy's
> Golden Field Office and the DOE *\[insert\]* Regional Office. The
> following individuals in these offices are responsible for that
> administration as follows:

1.  [DOE Contracting Officer]{.underline}: The Contracting Officer for
    this Contract is Daryl A. Berg, telephone no.: (303) 275-4920; fax
    no.: (303) 275-4830. Email: <daryl.berg@go.doe.gov>. The Contractor
    shall use the DOE Contracting Officer as the focal point for all
    matters regarding this Contract except technical matters.

2.  [DOE Contracting Officer's Representative (COR)]{.underline}: The
    Contract COR for projects in the DOE *\[insert\]* Region is
    \[insert\], telephone no.: (XXX) XXX-XXXX; fax no.: (XXX) XXX-XXXX;
    e-mail: \[insert\]. The Contractor shall use the COR as the focal
    point for all technical matters ONLY.

# G.2 INVOICING INSTRUCTIONS

**Editor Note: Specify all invoicing instructions, to include invoice
format, invoice contents and any attachments or enclosures, submission
and addressing instructions, etc.**

The contractor shall submit invoices in accordance with the specific
instructions provided in each delivery order issued against this
contract. These instructions will vary by ordering agency, and will
include invoice format, invoice contents and any required attachments or
enclosures, submission and addressing instructions, etc. Included with
each invoice will be ECM performance data as required by the
site-specific M&V Plan, unless not required by the delivery order.

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**H.2 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF THE
OFFEROR**

> ***Editor Note: Include any representations and certifications
> required by the agency, other than those already obtained by the DOE
> Contracting Officer. (The DOE CO obtained complete FAR and DEAR (DOE)
> representations and certifications, dated as indicated in the IDIQ
> contract, and will keep them updated; last update APR 2005. If the
> Agency CO wishes to have a copy of these representations and
> certifications for their DO award file, and to determine if any
> additional ones are desired, they should be requested of the DOE CO.
> For further information, please contact the DOE Contracting Officer,
> Joyce Ziesler, 303-275-4725, email joyce.ziesler@go.doe.gov.***

The Representations, Certifications, and Other Statements of the
Contractor for this Contract, dated \[*insert by ESCO into awards*\],
are incorporated by reference. They are located in the official Contract
file for the award.

Additional representations and certifications may be required by the
Agency Contracting Officer for specific Delivery Order awards.

**H.8 SUBCONTRACTS**

> ***Editor Note: Specify any requirements for prior consent of
> subcontracts, if desired by the Agency CO. (The contract does not
> require prior consent.)***
>
> H.8 (a) 3
>
> Any required prior notice and description of the sub-contract is given
> to the Agency Contracting Officer and any required consent is
> received. Except as may be expressly set forth therein, any consent by
> the Agency Contracting Officer to the placement of sub-contracts shall
> not be construed to constitute approval of the sub-Contractor or any
> sub-contract terms and conditions, determination of any price revision
> of the Delivery Order issued against this Contract or any of the
> respective obligations of the parties thereunder, or creation of any
> sub-contractor privity of Contract with the Government.

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**H.13 WAGE DETERMINATIONS AND DAVIS BACON WAGE RATES**

> ***Editor Note: Applicable Wage Determination or Determinations or
> Davis Bacon wage rates are normally required for a delivery order
> project. Indicate here which numbered Attachment(s) in Section J of
> this DO RFP provide it or them, and include it or them there, OR
> indicate that they are available on the Internet and where to locate
> them there.***

In the performance of Delivery Order projects issued against this
Contract, the Contractor shall comply with the requirements of any
applicable U.S. Department of Labor Wage Determination(s) and Wage Rates
which may be issued, or are otherwise applicable relative to that
project. A copy of the Wage Determination(s) and/or Wage Rates shall be
attached to the Delivery Order award, in accordance with agency format
requirements, or otherwise provided or referenced.

**H.14 LIQUIDATED DAMAGES**

> ***Editor Note: If liquidated damages provisions are required or
> desired for the proposed delivery order project, include them here in
> this DO RFP, as they are not included in the contract.***

Delivery Orders under this Contract may include liquidated damages as
specified in the Delivery Order.

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**H.15 TITLE TO AND RESPONSIBILITY FOR CONTRACTOR-INSTALLED PROPERTY**

> ***Editor Note: If title is not to be vested in the Government after
> Acceptance by the Government, state alternate procedure for title
> disposition, considering availability of ECM Production Tax Credits of
> other financial incentives .***

Title to all equipment installed by the Contractor shall be vested in
the Government after Acceptance by the Government, and shall not relieve
the Contractor's responsibility for ECM performance. Title may be vested
in the Contractor as determined by the Contracting Officer.
Consideration that should be taken into account by the Contracting
Officer in vesting title in the Contractor should include use of
financial incentives by the Contractor for the project such as
production tax credits and/or other incentives.

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**H.16 REQUIRED INSURANCE**

> ***Editor Note: Minimum required insurance coverage is identified in
> the contract at H.16. Specify requirement for any additional insurance
> coverage, by amount and type, as this Section H.16 (b) of the DO
> RFP.***
>
> **(**a) The Contractor shall procure at its expense and maintain
> during the entire period of performance under this IDIQ Contract and
> the Delivery Orders awarded to the Contractor against it, the
> following minimum insurance coverage:

1.  Comprehensive general liability: \$500,000 per occurrence.

2.  Automobile liability: \$200,000 per person, \$500,000 per
    occurrence, \$20,000 per occurrence for property damage.

3.  Workman's compensation: As required by Federal and state workers'
    compensation and occupational disease statutes.

4.  Employer's liability coverage: \$100,000 except in states where
    workers' compensation may not be written by private carriers.

5.  Other insurance as required by State law.

> \(b\) Specific Delivery Orders may require less, additional, or
> different insurance coverage, which will be specified in the Delivery
> Order. If different insurance coverage is specified as required for a
> specific Delivery Order project, the Contractor shall maintain at its
> own expense for the Delivery Order term, the revised insurance
> coverage, in accordance with the following:

1.  Prior to commencement of work, the Contractor shall furnish to the
    Agency Contracting Officer a copy of the insurance policy
    endorsement. The policies evidencing required insurance coverage
    shall contain an endorsement to the effect that cancellation or any
    material change in the policies adversely affecting the interests of
    the Government in such insurance shall not be effective for such
    period as may be prescribed by the laws of the State in which the
    Delivery Order is to be performed and in no event less than
    thirty (30) days after written notice thereof to the Agency
    Contracting Officer.

2.  The Contractor agrees to insert the substance of this clause in all
    sub-contracts hereunder.

3.  Nothing herein shall relieve or limit the Contractor of liability
    for losses and damages to person or property as a result of its
    operations. The Contractor shall indemnify and hold harmless the
    Government from any and all liability associated with the
    Contractor's operations.

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**H.24 REQUIREMENTS FOR FINAL PROPOSAL CONTENTS FOR DELIVERY ORDER ECM
PROJECTS**

> ***Editor Note: The contract, at H.24 provides default requirements
> for proposal contents. IF you do not wish to use the H.24
> requirements, specify here, or provide as an Attachment to this DO
> RFP, any different requirements you will use, INSTEAD OF what is found
> at H.24 and instruct the IDIQ contractor offers here to use these
> replacement requirements instead of what is in the contract.***
>
> The Contractor shall submit a Technical and Price proposal in its
> Final Proposal in electronic (Word and Excel) format as required in
> the DOR RFP. The format requirements are:

**1. [Volume I - Technical Proposal ]{.underline}**shall include:

(a) [ECM description]{.underline} - For each ECM proposed, the
    Contractor shall submit narrative information for items as
    applicable, in the format specified below:

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1.  ECM No. [\_\_\_\_]{.underline}

2.  Location affected

3.  ECM Interface with Government equipment

4.  Proposed equipment identification including manufacture, model
    number and optional equipment proposed for each ECM component

5.  Physical changes -- list major physical changes to equipment or
    facilities required to install proposed ECM such as relocation or
    removal of equipment. Include manufacturer's literature and
    specifications for each ECM component proposed

6.  Utility interruptions -- Specify extent of any utility interruptions
    needed for installation of proposed ECM.

7.  Agency support required -- Specify any government agency support
    required during implementation of the ECM.

8.  Briefly describe any potential environment impact resulting from
    installed ECM.

9.  Utility rebate or system benefit fund financial incentive -- If
    applicable specify ECM financial incentive(s) available, source,
    estimated payment amount, how and when payment will be applied and
    impact on project cash flow ( e.g. pre-performance-period payment
    before acceptance, reducing implementation price (DO2) and financing
    among), and proposed percentage of estimated financial incentive
    payment Contractor guarantees as submitted in DO schedules.

10. ECM project schedule -- provide a project schedule to include the
    duration of the following key phases:

> \(a\) Engineering/design/acceptance
>
> \(b\) Equipment procurement/lead time, (i.e. date required to acquire
> equipment and delivery on-site)
>
> \(c\) Installation and commissioning

(b) [ECM Performance Measurement:]{.underline}

    1.  The Contractor shall prepare a severable portion that describes
        a complete Measurement and Verification (M&V) Plan. The M&V Plan
        shall use the template and outline provided in **[Attachment
        7]{.underline}**. The M& V Plan shall include an electronic
        version of the methods for calculating the ECM energy savings
        for the Government's review and approval.

    2.  ECM Commissioning Approach -- The Contractor shall prepare a
        severable portion that describes the ECM Commissioning Approach
        for each of the proposed ECMs.

(c) [Management Approach:]{.underline}

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(1) **Organization.** Show the organization for implementing and
    managing the site-specific project through the use of an
    organizational chart. The proposed organization shall contain the
    responsibilities of each element shown on the organization chart.
    Identify primary personnel by name in each element. Show the lines
    of authority within the organization. If portions of the project are
    to be sub-contract (e.g., design of an energy conservation system),
    identify the sub-contracted function, and which element of the
    Contractor's organization will manage the sub-contract(s).

(2) **Risk/Responsibility Matrix.** The Contractor shall complete and
    submit a final Risk/Responsibility Matrix detailing its proposed
    approach or method to address each area in the matrix. Final
    Proposal submission of this Risk/Responsibility Matrix should
    reflect revisions based on results of agency discussions and
    agreements with the Contractor on Risk/Responsibility Matrix it
    submitted in the IP. The format and content for the
    Risk/Responsibility Matrix is provided at **[Attachment
    5]{.underline}**.

(3) **Operations, Maintenance, Repair, and Replacement.** Show the
    organizational structure and describe the approach for performance
    of the proposed ECM operations, maintenance and repair and
    replacement requirements. Each ECM will identify the organization(s)
    (Agency or Contractor/sub-contractor) responsible for operations and
    maintenance of Contractor-installed equipment. Detail how
    responsibilities are shared or reference where this information is
    located. Identify reporting requirements of Agency or Contractor
    during the performance period. Responsibilities and risks of
    operations shall be briefly defined in the Risk/Responsibility
    Matrix.

(4) **ECM Training.** Describe in detail how training for each ECM will
    be provided for Government personnel. Approach should be customized
    depending on the level of operations and maintenance responsibility
    to be assumed by Government personnel.

2\. **[Volume II -Price Proposal]{.underline}** shall include:

Based on the results of the DES, the Contractor shall submit a completed
**[Schedule DO-1 (Final), DO-2, DO-3, DO-4 and DO-5]{.underline}**, with
supporting documentation as identified by the Agency Contracting
Officer. The supporting documentation shall be organized by the proposed
Contractor work as follows:

> \(a\) Section 1. Summarize project-level expenses from project
> development through Delivery Order award (no ECM breakout required).
>
> \(b\) Section 2. Summarize Pricing and expenses of implementation and
> construction phases allocated by ECM.
>
> **(**c) Section 3. Summarize performance-period expenses aligned with
> proposed DO-3 line item expenses.
>
> \(d\) In addition to the submission of DO schedules and supporting
> documents, the Contractor shall provide a summary of the finance offer
> being proposed. At a minimum, the finance summary shall include the
> Investor Deal Summary (IDS), selected financier's Standard Finance
> Offer (SFO) and Selection Memorandum.

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**PART II, SECTION I CONTRACT CLAUSES**

***Editor Note: Specify in the order, by reference and/or in full text,
ONLY any additional clauses required by the ordering/implementing agency
that are not already included in Section I or elsewhere in the
contract*. (*NOTE: The DOE CO keeps the FAR/DEAR clauses current, and by
incorporating them by reference and giving the Internet site for them,
has required that the latest version of the applicable clause applies.
Therefore, probably ONLY agency-specific additional clauses need to be
considered.)***

**SECTION J LIST OF ATTACHMENTS**

***Editor Note: Edit and include as appropriate.***

[Attachment]{.underline} [Title]{.underline}

**SECTION K REPRESENTATIONS AND CERTIFICATIONS**

***Editor Note: As indicated in this DO RFP at Section H.2, the DOE CO
has obtained and will acquire regular updates of FAR/DEAR
representations and certifications considered to be required for this
IDIQ contract. Provide here or as an Attachment to the DO RFP any
additional representations and certifications, usually only
agency-specific and additional to those already obtained, that are
considered to be required by the Agency CO.***