Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.02 - Definitions

Current through Register 1525, July 5, 2024
Business Day
. A business day shall
				mean Monday through Friday, exclusive of state and federal legal
				holidays.
Central Register
. The publication
				maintained by the Secretary of the Commonwealth that publishes Notices of
				RFPs.
Certificate of Eligibility
. A
				certificate provided by DCAM under M.G.L. c. 149, § 44D, indicating a
				contractor's qualifications to perform Energy Management Services
Commissioner
. The Commissioner of the
				Department of Energy Resources established by M.G.L. c. 25A, § 1.
Contractor
. The vendor selected by the
				Local Governmental Body to perform the energy management services solicited
				through an RFP under
				225 CMR 10.00.
DCAM. The Division of Capital Asset Management and Maintenance,
				established by M.G.L. c. 7, § 4A.
DOER. The Department of Energy Resources, established by M.G.L.
				c. 25A, § 1.
EMS Annual Report
. A report form
				required by DOER that must be completed by the Local Governmental Body
				summarizing the energy or water unit and dollar cost savings. The initial
				report providing estimated savings must be filed along with the EMS contract
				and thereafter within 90 days after the anniversary of the Guaranteed Energy
				Performance Period.
Energy Audit
. A systematic inspection,
				verification and determination of the energy consumption characteristics of a
				building or facility which:
(a) identifies the type, size and rate of energy consumption of
				such building or facility and the major energy using systems of such building
				or facility;
(b) determines appropriate energy conservation maintenance and
				operating procedures; and (c) indicates the need, if any, for the acquisition
				and installation of Energy Conservation Measures or On-site Energy Generation.
Energy Conservation
. A modification
				of, or change in, the operation of real or personal property in a manner likely
				to improve the efficiency of energy use, and shall include Energy Conservation
				Measures and any Energy Audits to identify and specify energy and cost
				savings.
Energy Conservation Measures
. Measures
				involving modifications of maintenance and operating procedures of a building
				or facility and installations therein, which are designed to reduce energy
				consumption in such building or facility, or the installation or modification
				of an installation in a building or facility which is primarily intended to
				reduce energy consumption.
Energy Conservation Projects
. Projects
				to promote Energy Conservation, including but not limited to energy conserving
				modification to windows and doors; caulking and weather stripping; insulation,
				automatic energy control systems; hot water systems; equipment required to
				operate variable steam, hydraulic and ventilating systems; plant and
				distribution system modifications, including replacement of burners, furnaces
				or boilers; devices for modifying fuel openings; electrical or mechanical
				furnace ignition systems; utility plant system conversions; replacement or
				modification of lighting fixtures; energy recovery systems; on-site electrical
				generation equipment using new renewable generating sources as defined in
				M.G.L. c. 25A, § 11F; and cogeneration systems.
Energy Management Services (EMS)
. A
				program of services, including Energy Audits, Energy Conservation Measures,
				Energy Conservation Projects or a combination thereof, and building maintenance
				and financing services, primarily intended to reduce the cost of energy and
				water in operating buildings, which may be paid for, in whole or in part, by
				cost savings attributable to a reduction in energy and water consumption that
				result from such services. The EMS contract may extend for a term not to exceed
				20 years. The allowable length of the EMS contract may also reflect the useful
				life of the cost savings measures.
Energy Savings
. A measured reduction
				in fuel and its costs, energy and its costs, water and its costs, or operating
				or maintenance costs resulting from the implementation of Energy Conservation
				Measures or Projects; provided, however, that any pay back analysis to evaluate
				the energy savings of a geothermal energy system to provide heating, cooling or
				water heating over its expected life span shall include gas and electric
				consumption savings, maintenance savings and shall use an average escalation
				rate based on the most recent information for gas and electric rates compiled
				by the Energy Information Administration of the United States Department of
				Energy.
Established Baseline
. A written
				description of previous fuel, energy, and water consumption data and operating
				and maintenance costs for the past three years, including, but not limited to,
				future capital replacement expenditures avoided as a result of equipment
				installed or services performed. The description shall be included in the
				Request for Proposals.
Guarantee of Generation
. The written
				guarantee of a Contractor warranting the particular electrical energy
				generation to be derived from the On-site Electrical Generation unit. Such
				written guarantee shall:
(a) include a detailed description of the equipment to be
				installed; and
(b) state the annual amount of electrical energy to be
				generated in kilowatt hours per year.
Guarantee of Savings
. The written
				guarantee of a Contractor, warranting the energy savings to be derived from a
				particular Energy Conservation Measure, Energy Conservation Project, Energy
				Management Services, or Energy Savings. Such written guarantee shall include a
				detailed description of the cost of the energy or water conservation or usage
				measures, all causally connected work, and ancillary improvements provided for
				in the contract. The guarantee shall state the annual savings expressed in
				applicable energy units or (if water savings) in gallons per year and be based
				on dollars saved by reference to established unit rates.
Guaranteed Maximum Cost
. The fixed
				maximum cost of the Energy Management Services, including:
(a) the cost of each energy conservation measure, after
				installation, startup, and testing; and
(b) the total payments made by a Local Governmental Body to a
				contractor, including but not limited to, the total capital investment and the
				contractor's costs. Utility sponsored rebates, tax credits or other incentives,
				any direct governmental subsidies, interest payments, and energy and water cost
				savings shall not be deducted from the Guaranteed Maximum Cost.
Guidelines
. A set of clarifications,
				interpretations, and procedures, including forms and model documents, developed
				and issued by DOER to assist it in determining compliance with
				225 CMR 10.00. Each Guideline
				shall be effective on its date of issuance or on such date as is specified
				therein, except as otherwise provided in
				225 CMR 10.00.
Local Governmental Body
. A city, town,
				district, regional school district or county, or an agency or authority
				thereof, including a housing authority, board, commission, department or
				instrumentality of a city, town district, regional school district or county,
				and any other agency that is not a state agency or building authority; or a
				combination of two or more such cities, towns, districts, regional school
				districts or counties, or agencies or authorities thereof.
On-site Energy Generation
. The
				generation of renewable energy or the cogeneration of electricity and heating
				or cooling of a generation unit located on or adjacent to a building or
				structure owned by a Local Governmental Body who utilizes some or all of the
				energy so generated either directly or indirectly through net metering, as
				defined in M.G.L. c. 164, § 138.
Renewable Generation
. The electrical
				energy output of an RPS Class I Renewable Generation Unit or Solar Carve-out
				Renewable Generation Unit as defined under
				225 CMR 14.00:
Renewable Energy Portfolio Standard - Class I
.
Request for Proposals (RFP)
. A written
				document issued by a Local Governmental Body that invites potential Responsive
				Offerors to submit proposals outlining their qualifications to perform the
				Energy Management Services for the Local Governmental Body, a cost proposal,
				and other information required by
				225 CMR 10.03(1) and
				(2) and the Local Governmental Body.
Responsive Offeror
. A person who has
				submitted a proposal, which conforms in all respects to the Requests for
				Proposals and who possesses the skill, ability, and integrity necessary to
				faithfully perform the work, based upon a determination of competent
				workmanship and financial soundness in accordance with M.G.L. c. 149, §
				44D.
RFP Compliance Certification
. A form
				prepared by DOER from time to time that is completed and signed by a duly
				authorized officer of the Local Governmental Body, certifying that the Local
				Governmental Body's RFP for EMS is in full compliance with
				225 CMR 10.00 and M.G.L. c.
				25A, § 11C.
Update Statement
. A form developed by
				DCAM, as defined in
				810 CMR 4.01:
Definitions
, to be completed by a General Contractor and
				submitted with all proposals.