Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.05 - Contract Negotiation and Award

Current through Register 1525, July 5, 2024
(1)
Contract Negotiation
. The Local Governmental Body
			 shall negotiate a contract with the most qualified person at compensation which
			 it determines is fair, competitive, and reasonable. If the Local Governmental
			 Body is unable to negotiate a satisfactory contract with the person considered
			 to be the most qualified at a price the Local Governmental Body determines to
			 be fair, competitive and reasonable, negotiations with that person shall be
			 formally terminated. The Local Governmental Body shall then undertake
			 negotiations with the second most qualified person. Failing accord with the
			 second most qualified person, the Local Governmental Body shall terminate those
			 negotiations and then undertake negotiations with the third most qualified
			 person. Should the Local Governmental Body be unable to negotiate a
			 satisfactory contract with any of the selected persons, it may select
			 additional qualified providers who responded to the RFQ, in the order of their
			 competence and qualification, and continue negotiations in accordance with 225
			 CMR 19.05(1) until either an agreement is reached or the Local Governmental
			 Body cancels the RFQ.
(2)
Contract Award
.
(a)
			 A Local Governmental Body shall only award a contract for EMS if all the
			 requirements of
			 225 CMR 19.00 have been met.
			 At least 15 Business Days prior to execution of an EMS contract, the Local
			 Governmental Body shall file with DOER a final copy of the contract along with
			 DOER's EMS Annual Report with projected energy and water cost savings
			 estimates. Within 15 Business Days after the contract is executed, the Local
			 Governmental Body shall file an electronic copy of the executed contract with
			 the Commissioner of DOER under the terms of the DOER EMS Contract Submission
			 Guideline, available on the DOER website at
www.mass.gov/doer
.
(b) The Local Governmental Body shall provide
			 public notice of the meeting at which it proposes to award the EMS contract, of
			 the name of the parties to the proposed contract and of the purpose of the
			 contract. The public notice shall be made at least ten days before the meeting.
			 The Local Governmental Body shall promptly publish in the
Central
			 Register
notice of the award and shall provide the Commissioner with
			 notice of the award and a copy of the EMS contract.
(c) Before entering into a contract for EMS,
			 the Local Governmental Body shall require the Responsive Offeror to file with
			 the Local Governmental Body payment and performance bonds for construction and
			 installation of Energy Conservation Measures and Energy Conservation Projects
			 in an amount equal to 100% of the estimated contract value from a surety
			 company licensed to do business in the commonwealth and whose name appears on
			 United States Treasury Department Circular 570 administered by the Financial
			 Management Service.