Or. Admin. R. 330-130-0090 - Pre-qualification for persons performing Energy Analysis and Energy Savings Performance Contracting Services

(1) 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) Energy analyst
(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 prequalification.
(b) Energy Savings Company (ESCO)
(A) A 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 ESPC.
(B) 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 contracting services.
(C) RFQ 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 list.
(3) 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 contracting services.
(b) Only 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.
(d) Only use ESPC for existing buildings that are two or more years old.
(e) Limit eligible contracting activities to:
(A) Technical energy audit;
(B) Project development plan;
(C) Design and construction;
(D) Measurement and verification;
(E) Energy savings guarantee(s)
(f) Not 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 ESPC services.
(h) At a minimum, the agency's solicitation process must include a technical facility profile, pre-proposal walk-through, and an interview process.
(4) Agencies may;
(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. 330-130-0090
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08; DOE 5-2011, f. & cert. ef. 6-27-11; DOE 6-2017, f. & cert. ef. 8/15/2017

Stat. Auth.: Ch. 26, OL 2008 HB 3612

Stats. Implemented: ORS 276.900 - 276.915

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