Section R7-2-1070. Guaranteed Energy Production Contracts

A.      A school district may procure a guaranteed energy production contract with a qualified provider through competitive sealed proposals in accordance with R7-2-1041 through R7-2-1050.

1.        The request for proposals evaluation factors required by R7-2-1042(A)(1)(h) shall include objective criteria for selecting the qualified provider, including the guaranteed energy price, the guaranteed energy production, the qual- ity of the technical approach, the quality of the project management plan, the financial solvency of the qualified provider and the experience of the qualified provider with projects of similar size and scope.

2.        Notwithstanding R7-2-1042(A)(1)(h), the request for proposals shall set forth the respective numerical weight- ing for each evaluation criterion.

3.        The school district may obtain any required financing as part of the original competitive sealed proposal process from the qualified provider, or from a third-party financ- ing institution procured separately in accordance with Articles 10 and 11.

4.        When submitting a proposal for the installation of equip- ment, the qualified provider shall include information containing the guaranteed energy production associated with each proposed energy production measure. The school district shall review and approve this guarantee before the actual installation of any equipment. The qual- ified provider shall transmit a copy of the approved guar-

antee to the school facilities board and the governor’s office of energy policy.

5.        A qualified provider is a person that is experienced in designing, implementing or installing energy cost savings measures, that has demonstrated technical, operational, financial and managerial capabilities to design and oper- ate cost savings measures and projects and that has the financial ability to satisfy guarantees for guaranteed energy production, financial solvency and experience for projects of similar size and scope.

B.       In selecting a contractor to perform any construction work related to performing the guaranteed energy production con- tract, the qualified provider may:

1.        Develop and use a prequalification process for contrac- tors.

2.        Require the contractor to demonstrate that the contractor is adequately bonded to perform the work and that the contractor has not failed to perform on a prior job.

C.      A guaranteed energy production contract shall include a guar- anteed energy price, and a written guaranteed energy produc- tion as measured on an annual basis over the expected life of the energy production measures implemented or within twenty-five years, whichever is shorter. The school district shall ensure that the contractor:

1.        Prepares a measurement and verification report on an annual basis in addition to an annual reconciliation of any guaranteed energy production shortfall.

2.        Reimburses the school district for any guaranteed energy production shortfall on an annual basis by multiplying any energy production shortfall by either the difference between the guaranteed energy price and the effective utility rate, or an alternative method as mutually agreed on by the school district and the provider.

D.      The selected qualified provider shall provide a performance bond in accordance with R7-2-1103(A)(1)(c).

E.       The selected qualified provider shall make public information in the subcontractor's bids.

F.       For all projects under this Section, the school district shall report to the governor's office of energy policy and the school facilities board:

1.        The name of the project.

2.        The qualified provider.

3.        The total cost of the project.

4.        The expected guaranteed energy production and guaran- teed energy price, including relevant escalators, if appli- cable, over the term of the guaranteed energy production contract.

G.      For all projects under this Section, the school district shall annually report the actual energy production and guaranteed energy price to the school facilities board no later than October 15.

Historical Note

New Section made by final exempt rulemaking at 21

A.A.R. 1525, effective July 1, 2015 (Supp. 15-3). GENERAL CONTRACT REQUIREMENTS