FEMP Services Interagency Agreement (IAA) Templates

### 

###  FEMP Services IAA for DOE Super ESPC Support (4 pages)

For Super ESPC support only, use this template.

**FEMP Services IAA -- Blanket Ordering Agreement**

FEMP recommends this template for ordering a range of services.

> **Attachment 1 -- FEMP Services Master List**
>
> **Attachment 2 -- Work Order for Skaggs Amendment Transactions**

#### Attachment 3 -- Work Order for Economy Act Transactions

*Revision Date: 12/09/03* 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: Joyce L. Ziesler, 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.

A deliverable report of costs incurred for FEMP Services provided
against this Interagency Agreement will be provided by the DOE
Contracting Officer to the Requesting Agency Technical and Financial
Officer points of contact identified in Part IV of this Agreement below.
These reports will be provided quarterly, commencing with the first full
quarter after award of the IAA, for delivery by end of January, April,
July and October of each CY.

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}: Mary Hartford
>
> Phone: 303-275-4762
>
> Facsimile: 303-275-4788
>
> e-mail: mary_hartford@nrel.gov
>
> [Contract Specialist]{.underline}: Joyce L. Ziesler
>
> Phone: (303) 275-4725
>
> Facsimile: (303) 275-4788
>
> e-mail: <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:

4\) [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 Mary Hartford Date

## Contracting Officer Contracting Officer

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

*Revision Date: 12/09/03* FY Award*: [(FY of award)]{.underline}*

**FEMP SERVICES INTERAGENCY AGREEMENT ---**

**BLANKET ORDERING AGREEMENT**

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

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

1\) Name and Address of Requesting Agency Point of Contact:

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

2\) Name and Address of Performing Agency Point of Contact:

Department of Energy/Golden Field Office

FEMP Services

Attn: Joyce L. Ziesler, Contract Specialist

1617 Cole Boulevard

Golden, CO 80401

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

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

This Agreement represents a blanket agreement that authorizes the
Requesting Agency to provide funds to the Department of Energy for the
purpose of obtaining FEMP Services for different agency sites or
projects, and during different timeframes within the period of
performance of this Agreement. The purpose of the Agreement is to
provide the Requesting Agency with a mechanism to obtain from the
Department of Energy a spectrum of support necessary for implementation
of energy efficiency projects, via both privately financed and other
contractual mechanisms.

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

The Requesting Agency may obtain the full range of FEMP Services
available, as summarized in the Attachment 1 FEMP Services Master List.
Scopes of work tailored to specific sites or projects will be developed
and priced by FEMP in accordance with the overall scope in the attached
Master list, as requested and agreed upon by the Requesting Agency
during the period of performance of the Agreement. Specific scopes of
work, developed and priced by FEMP as requested, will be documented and
agreed to by the parties during the period of performance of this
Agreement using the Work Order documents provided as Attachments 2 and 3
to this Agreement. Funding will be obligated against these Work Orders.

3\) [Statutory Authorities for transfer of funds and Project
Activities:]{.underline}

This Agreement is entered into pursuant to one of the two different
authorities described below. Specific projects, as identified by the
Requesting Agency, may be scoped, priced, and performed by FEMP, in
accordance with either of these authorities, as appropriate and as
indicated below:

> a\) [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.
>
> b\) [Economy Act]{.underline}
>
> The authority applicable to interagency acquisitions under the Economy
> Act, at 31 U.S.C. 1535. The policies and procedures for implementation
> of this authority are found at FAR 17.5, and apply generally to
> interagency acquisitions, and this agreement also adheres to the
> guidance at FAR 6.002, which requires that the work requested will not
> place DOE and its contractor(s) in direct competition with the private
> sector. Services provided in accordance with this authority may be
> accomplished through the various DOE laboratories in accordance with
> their DOE contracts, and through other available DOE contractual
> instruments.

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 prices for Work
Orders issued against this Agreement will be the best estimates for the
services required based on FEMP Services experience with project support
to date, there may be cases where a priced Work Order scope cannot be
completed, due to requests by the Agency for support beyond the Work
Order scope, or for other reasons unforeseen at its award. Therefore,
the Requesting Agency hereby agrees that the Performing Agency, DOE, is
not required to incur costs that exceed the negotiated price of any Work
Orders issued against this Agreement. The Requesting Agency further
agrees that when notified by DOE that costs incurred or anticipated to
be incurred approach the price of any specific Work Order issued against
this Agreement, and the work cannot be completed for the negotiated
price, it will negotiate either a scope or price revision with DOE, as
preferred.

A deliverable report of costs incurred for FEMP Services provided
against Work Orders issued against this Agreement in accordance with the
Skaggs Amendment will be provided by the DOE Contracting Officer to the
Requesting Agency Technical and Financial Officer points of contact
identified in Part IV of this Agreement below. These reports will be
provided quarterly, commencing with the first full quarter after award,
for delivery by end of January, April, July and October.

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

> The Period of Performance of this Agreement is from the date of
> bilateral execution of this Agreement through *[(to be specified in
> the Agreement; usually multiyear)]{.underline}*. The period of
> performance may be extended by mutual agreement of the parties and 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, no future work orders may be issued
> against it. The parties will negotiate and agree to pay incurred costs
> and any termination costs, as applicable, related to specific work
> orders issued against this Agreement that are terminated. After
> negotiation, any funds remaining will be returned to the Agency.

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

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

> *Accounting and Appropriation Data for funding provided by the
> Requesting Agency for specific scopes of work awarded, shall be
> identified in the following format, in the Work Orders issued against
> this Agreement.*
>
> Agency Location Code

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

2\) [Payment]{.underline}:

> Funds provided by the Requesting Agency as obligations on Work Orders
> issued against this agreement, shall be in advance or at any time
> during the period of performance. The preference will be payment prior
> to the ordering and/or performance of any services agreed upon by the
> parties and summarized in a Work Order document. The Work Orders will
> provide specific payment provisions, depending on the situation.

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

> The Performing Agency, DOE FEMP Services/Golden Field Office, will
> collect from the Requesting Agency as negotiated by the parties during
> the performance of this Agreement, via U.S. Treasury Inter-government
> Payment and Collection System(IPAC), or other means as agreed by both
> parties, and as documented in a specific Work Order issued against
> this Agreement.

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

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

> [Contracting Officer]{.underline}: Mary Hartford
>
> Phone: 303-275-4762
>
> Facsimile: 303-275-4788
>
> e-mail: mary_hartford@nrel.gov
>
> [Contract Specialist]{.underline}: Joyce L. Ziesler
>
> Phone: (303) 275-4725
>
> Facsimile: (303) 275-4788
>
> e-mail: [joyce_ziesler@nrel.com](mailto:christine_carter@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}:
>
> Specific CORs and their contact information will be identified in Work
> Orders for specific projects pursued under this Agreement. The
> Performing Agency Point of Contact on Page One of this Agreement
> should be contacted relative to questions concerning transfer of funds
> against this Agreement and its Work Orders. The DOE/Performing Agency
> Contracting Officer or Contract Specialist should be contacted with
> all other questions or issues concerning the Agreement.

3\) [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:

> \*NOTE: The Financial Officer designated will be required as a
> signatory on the Work Order documents issued against this Agreement,
> thereby certifying the Requesting Agency funding of those actions.
> This signature/certification may also be accomplished via a separate
> document, depending on Requesting Agency preferences.
>
> [Technical Contact]{.underline}:
>
> Phone:

Facsimile:

e-mail:

4\) [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:

Name Date Mary Hartford Date

Contracting Officer Contracting Officer

\[for AGENCY LEVEL IAA's where any site within agency may use the
Agreement to issue Work Orders, Beth Shearer, DOE FEMP Director will
sign for Performing Agency at lower right as Director, DOE FEMP. If NOT
an agency level IAA, only Mary Hartford will sign as CO for DOE.

Requesting Agency: Performing Agency:

Name Date Beth Shearer Date

Financial Officer Director, DOE FEMP

REMEMBER: THIS IS A TEMPLATE AND SHOULD BE ADJUSTED TO ACCOMMODATE THE
CUSTOMER OR SITUATION

***Attachment 1***

***FEMP Services Master List***

# The following list of services is comprehensive of FEMP Services Available. It is broken down into Services Areas, which are very broad and encompassing. Specific scopes of work for agency sites or projects may be developed and priced within this overall scope.

## FEMP Services Areas

1)  Energy and Utility Training

2)  Integration of Energy/Water Savings Into Facility Development and
    Operation Planning

3)  Existing Facility Survey/Assessment/Design Assistance

4)  4New Construction Design Assistance

5)  Project Financing (ESPC, UESC) Assistance

6)  Facilities Management and O&M Maintenance

7)  Energy Efficient Equipment Procurement Assistance

8)  New/Emerging/Renewable Technology Assistance

9)  Codes, Standards, and Policy Assistance

10) Energy and Utility Procurement Assistance

*Revision Date: 8/22/02* Attachment 2

*\[delete Attachment number from actual WO\]*

FY Award: *[FY of award inserted]{.underline}*

FEMP SERVICES INTERAGENCY AGREEMENT

WORK ORDER

FOR

SKAGGS AMENDMENT TRANSACTIONS

Work Order Number: *[sequential by FY]{.underline}*

This order is within the overall FEMP Services Master List Scope, as
included in FEMP Services Interagency Agreement No. *[(insert the IAA
number from the blanket)]{.underline}* , and more specifically in
accordance with the Scope provided below. The scope includes all efforts
to be performed and deliverables to be provided.

[Scope]{.underline}: *TBD by the parties and attached. Usually is an
attachment, but it may be described here instead, based on situation and
preferences.*

[Price]{.underline}: The price for the work ordered is [*\[insert price
agreed upon\]* .]{.underline}

This price is based on *[\[briefly specify basis of pricing; examples:
the standard ESPC/UESC priced scope, DOE rate for ESPC or UESC services,
etc.\]]{.underline}* .

[Accounting and Appropriation Data]{.underline}: (*this data need not be
in the Work Order if it is in the Agreement)*

Agency Location Code

Appropriation Symbol (Treasury format is 8 digits)

*\[insert accounting data for work order here.\]*

[Payment:]{.underline}

\[Insert specific payment provisions as agreed; example: when and how to
pay for the ESPC/UESC.\]

[Requesting Agency Financial Officer Certification]{.underline}:

*(may be on attached agency form instead)* Name Date

[Period of Performance]{.underline}: *[\[agreed upon end date of
performance of the WO scope\]]{.underline}* .

[Points of Contact]{.underline}: The following individuals are
responsible for their respective agency\'s duties for performance and
acceptance under this Order:

Requesting Agency: Performing Agency:

Name: Name:

Phone: Phone: *\[can be lab or subcontractor\]*

Facsimile: Facsimile:

e-mail: e-mail:

[APPROVALS]{.underline}: The signers of this order 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
herein.

Requesting Agency: Performing Agency:

*\[Insert Name\]* Date Mary Hartford Date

Contracting Officer Contracting Officer

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

*Revision Date: 8/22/02* Attachment 3

*\[delete Attachment number from actual WO\]*

FY Award: [*\[insert\]*]{.underline}

FEMP SERVICES INTERAGENCY AGREEMENT

WORK ORDER

FOR

ECONOMY ACT TRANSACTIONS

Work Order Number: [*\[sequential against IAA*\]]{.underline}

This order is within the overall FEMP Services Master List scope, as
included in FEMP Services Interagency Agreement No. [\[*insert IAA
number WO is issued against\]*]{.underline} , and more specifically in
accordance with the SCOPE below. The SCOPE includes all efforts to be
performed, deliverables to be provided and the period of performance of
this order.

[Scope]{.underline}: *TBD by the parties and attached. Usually is an
attachment, but it can be described here instead, based on situation and
preferences.*

[Price]{.underline}: The price for the work ordered is [.]{.underline}

This price is based on [\[*briefly* *specify basis of pricing; examples:
based on actual SAVEnergy bid, estimate based on...be briefly specific,
DOE rate for ESPC services, etc.\]*]{.underline}

Accounting and Appropriation Data: *(This data is not included if it has
been included in the Agreement instead.)*

Agency Location Code

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

\[*Insert accounting data for work order here.\]*

[Payment:]{.underline}

\[Insert specific payment provisions as agreed; example: when and how to
pay for the ESPC/UESC.\]

Requesting Office Financial Officer Certification:

*\[Insert Name\]* Date

\[This signature, a certification of the funding obligated here, is
required for all Economy Act transactions. This certification may be an
attachment, on a Requesting Agency form or format, as applicable,
instead of being included in this document.\]

[Period of Performance]{.underline}: [*\[agreed upon **end date of
performance of the WO scope**\]*]{.underline}

[Points of Contact:]{.underline} The following individuals are
responsible for their respective agency\'s responsibilities for
performance and acceptance under this Order:

Requesting Agency: *insert by work order* Performing Agency: *insert by
work order*

Name: Name:

Phone: Phone:

Facsimile: Facsimile: *\[can be lab or subcontractor!\]*

e-mail: e-mail:

[APPROVALS]{.underline}: The signers of this order 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
herein. The signers further certify that this action will not place DOE
or its contractor(s) in direct competition with the domestic private
sector.

\[DOE or WFO Coordinator(s) at specific DOE Ops offices and/or labs may
also sign WO's, as agreed upon by the parties, and desired by the
offices.\]

Requesting Agency: Performing Agency:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ *\[Insert
Name\]* Date Mary Hartford Date

Contracting Officer Contracting Officer

[SCOPE:]{.underline}

*NOTE: NO ECONOMY ACT WORK ORDER WILL BE SIGNED BY THE DOE CO UNTIL
VERIFICATION BY APPROPRIATE DOE OFFICE CO (FOR A LAB RECEIVING THE WORK
AND THE MONEY THEREFOR) THAT WFO FOR THE LAB HAS BEEN APPROVED.*

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