Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0680 - Energy Savings Performance Contracts (ESPC)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. These OAR 137-049-0600  to
			 137-049-0690  rules include a limited, efficient method for Contracting Agencies
			 to enter into ESPCs outside the competitive bidding requirements of ORS
			 279C.335 for existing buildings
			 or structures, but not for new construction. See ORS
			 279C.335(1)(f).
			 If a Contracting Agency chooses not to utilize the ESPC Procurement method
			 provided for by these OAR 137-049-0600  to 137-049-0690  rules, the Contracting
			 Agency may still enter into an ESPC by complying with the competitive bidding
			 exemption process set forth in ORS
			 279C.335, or by otherwise
			 complying with the Procurement requirements applicable to any Contracting
			 Agency not subject to all the requirements of
			 279C.335.
(2) ESPC Contracting Method. The ESPC form of
			 contracting, as defined at OAR 137-049-0610(6), has unique technical
			 complexities associated with the determination of what ECMs are feasible for
			 the Contracting Agency, as well as the additional technical complexities
			 associated with a Design-Build Contract. Contracting Agencies shall only
			 utilize the ESPC contracting method with the assistance of knowledgeable staff
			 or consultants who are experienced in its use. In order to utilize the ESPC
			 contracting process, the Contracting Agency must be able to reasonably
			 anticipate one or more of the following types of benefits:
(a) Obtaining, through an ESCO, the following
			 types of integrated Personal Services and Work: facility profiling, energy
			 baseline studies, ECMs, Technical Energy Audits, project development planning,
			 engineering design, plan preparation, cost estimating, life cycle costing,
			 construction administration, project management, construction, quality control,
			 operations and maintenance staff training, commissioning services, M & V
			 services and required documentation as a fully integrated function with a
			 single point of responsibility;
(b)
			 Obtaining, through an ESCO, an Energy Savings Guarantee;
(c) Integrating the Technical Energy Audit
			 phase and the Project Development Plan phase into the design and construction
			 phase of Work on the project;
(d)
			 Reducing the risk of design flaws, misunderstandings and conflicts inherent in
			 the construction process, through the integration of ESPC Personal Services and
			 Work;
(e) Obtaining innovative
			 design solutions through the collaboration of the members of the ESCO
			 integrated ESPC team;
(f)
			 Integrating cost-effective ECMs into an existing building or structure, so that
			 the ECMs pay for themselves through savings realized over the useful life of
			 the ECMs;
(g) Preliminary design,
			 development, implementation and an Energy Savings Guarantee of ECMs into an
			 existing building or structure through an ESPC, as a distinct part of a major
			 remodel of that building or structure that is being performed under a separate
			 remodeling Contract; and
(h)
			 Satisfying local energy efficiency design criteria or requirements.