The department shall establish criteria
to prequalify persons or firms to execute the provisions of the SEED program
rules. Agencies must only select persons or firms that have been prequalified
by the department to perform energy analysis and energy savings performance
contracting (ESPC) services.
(A) The department shall establish a
list of pre-qualified energy analysts through a solicitation process that uses
qualifications-based scoring criteria to determine a person's ability to
perform building energy analysis.
(B) Agencies that wish to hire a person or
firm that has not been previously prequalified by the department must request
pre-approval from the department for exemption from this requirement. Only
energy analysts that meet the qualifications as described in the SEED Program
Guidelines will be considered eligible for exemption from
Energy Savings Company (ESCO)
qualifying firm will have demonstrated expertise in the following areas:
(i) A prior record of successfully performing
ESPCs on projects involving existing buildings and structures that are
comparable to projects typically undertaken by state agencies; and
(ii) The financial strength to effectively
guarantee energy savings and performance for ESPC projects, or the ability to
secure necessary funding to effectively guarantee energy savings under an
Pre-qualification process: The department will utilize a Request for
Qualifications (RFQ) process as the first step in a two-part process to
pre-qualify energy service companies to perform energy savings performance
proposal evaluation process: For ESCO proposal evaluations, the department
shall establish qualifications-based evaluation factors that outweigh
price-related factors, due to the fact that the RFQ process is the first step
of a two-step process. A state agency planning to enter into an ESPC must
request RFPs from a minimum of three firms on the pre-qualified
Agencies must adhere to the following requirements for ESPC projects:
(a) Only select persons or firms that have
been pre-qualified by the department to provide energy savings performance
utilize ESPC for comprehensive facility retrofits that include energy
efficiency projects for two or more energy using systems. These systems must
contribute to at least 50 percent of a facility's total energy use.
(c) Only use ESPC for projects that save
energy and water resources.
Only use ESPC for existing buildings that are two or more years old.
Limit eligible contracting activities to:
(A) Technical energy audit;
(B) Project development plan;
(C) Design and construction;
(D) Measurement and verification;
(E) Energy savings
combine service agreements with an ESPC contract. All service agreement
contracts must be mutually exclusive.
(g) Only solicit department-qualified ESCOs
as the second step of a two-step process for final selection of an ESCO for
(h) At a minimum,
the agency's solicitation process must include a technical facility profile,
pre-proposal walk-through, and an interview process.
(a) Select qualifications-based evaluation
factors that outweigh price factors.
(b) Contract with a third party for
commissioning and measurement and verification services.
Or. Admin. R.
DOE 5-2008, f. 7-29-08,
cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11;
6-2017, f. & cert. ef.
Stat. Auth.: Ch. 26, OL 2008 HB 3612
Stats. Implemented: ORS