2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 109 - Energy Savings Performance Contracts Act (§§ 8961 — 8982) › Subchapter II - Energy Savings Performance Contracts (§§ 8962 — 8979) › § 8966 - Selection of qualified energy savings companies

The procedure to select a qualified energy savings company for each energy savings performance contract executed by government units shall include the following steps, among others:
(1) First stage.—
(a) Request for Qualification (RFQ).— The Administration shall be responsible for selecting energy savings companies through RFQs. The determining criteria to evaluate an energy savings company in the areas of design, engineering, installation, maintenance, and repairs in connection with an energy savings performance contract shall include, but not be limited to:
(i) Experience in the conversion of different energy or fuel sources, insofar as this is done as part of a comprehensive renovation aimed at improving energy efficiency;
(ii) monitoring capacity after installation;
(iii) ability to collect data and draw up savings reports;
(iv) project administration experience and credentials;
(v) ability to provide administrative, technical, and support services in Puerto Rico;
(vi) access to long-term financing and financial solvency;
(vii) previous experience with projects of similar size and scope;
(viii) any other factors as the Administration may deem pertinent regarding the ability to complete the project, and
(ix) any other ability as the Administration, in its discretion, may deem necessary pursuant to the energy savings performance contract executed.
(b) The Administration shall issue a qualification certificate to energy savings companies that meet the requirements of the Request for Qualification to the satisfaction of the Administration. This qualification certificate shall be effective for a term of three (3) years since its date of issue, subject to the qualified energy savings companies’ submittal of a certification, under oath, evidencing that the conditions and circumstances that gave rise to their favorable certification have not changed to the detriment of the performance of the energy savings performance contract executed.
(2) Second stage.—
(a) Selection procedure.— After the Administration has qualified energy savings companies, and before executing any energy savings performance contract, government agencies shall follow a selection procedure pursuant to the norms of the energy savings performance contract program of the Administration. Such selection procedure shall be followed only with those energy savings companies that have been duly qualified by the Administration to carry out a project under an energy savings performance contract. All qualified energy savings companies shall comply with the norms of the energy savings performance contract program set forth by the Administration.
(3) Third stage.—
(a) Viability analysis of the government unit.— Consequently, after the selection procedure, the government unit shall conduct a viability analysis contingent upon the energy efficiency and cost-effectiveness of the measures to be implemented by virtue of the contract. This viability analysis shall be the document to provide the grounds for the selection of the qualified energy savings company with whom the government agency shall enter into final negotiations to execute the contract. The factors to be considered in selecting a qualified company shall include, but not be limited to: the essential terms and conditions of the contract, a detailed account of the scope of the proposal, conservation and savings measures in relation to expenses, experience, quality, technical approach, and general benefits for the government unit. The viability study shall define the cost of the investment grade energy audit pursuant to the regulation and the norms of the energy savings performance contract program adopted by the Administration.
History —Jan. 17, 2012, No. 19, § 2.5.