EISP RFP from the DCA May 2011 (00536034)

REQUEST FOR PROPOSALS

FOR

ENERGY SAVINGS PLAN DEVELOPMENT AND IMPLEMENTATION

FOR THE

<Owner Name

Attention: Contact Name

Proposals Due: month, day, year

Request for Proposals for Development and Implementation of an Energy Savings Plan

Introduction Letter

[Use Official Letterhead]

<Name of Owner’s RepresentativePhone:Number

<Title>Fax:Number>

E-mail: <Address>

<Date>

To: Interested Energy Services Companies:

The <Owneris requesting proposals from prequalified Energy Services Companies (“ESCOs”) to develop and potentially implement a comprehensive Energy Savings Plan (“ESP”) as part of undertaking an Energy Savings Implementation Program (“ESIP”) for our facilities. As the first step of our Energy Savings Improvement Program, we have <participated in the New Jersey Board of Public Utilities' Local Government Energy Audit Program<completed an energy audit>. The completed audit is available online at <web link or other direction> <or attached to this document>.

The <Owner> will select an Energy Services Company through the competitive contracting process to develop an Energy Savings Plan and implementation of same. In order to be considered the ESCO must be prequalified by the Department of Treasury, Division of Property Management and Construction as an Energy Services Company Class C036. Your proposal for an Energy Savings Plan and implementation shall be in accordance with the attached Request for Proposals and fully comply with:

• Public School Contracts Law N.J.S.A. 18A:18A-1 et seq< <Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
• Energy Savings Improvement Program Legislation, N.J.S.A. 40A:11-4.6or 18A:18A:4.6)
• Local Finance Notice 2009-11, Implementing an Energy Savings Improvement Plan
• Board of Public Utilities Directives and Regulations

An optional pre-proposal conference will be held on <date> at <location>. Attendance at the pre-proposal conference is strongly encouraged, but is not mandatory.

Attention is called to Section 4 of the RFP governing Requests for Information, Clarifications and Submission of Sample agreements for consideration.

The deadline for proposals is <time> on <day and date>. Thank you for your interest.

Sincerely,

<Name of official>

<Title>

TABLE OF CONTENTS

Part A. INSTRUCTIONS TO PROPOSERS...... 1

Part B. TERMS AND CONDITIONS...... 7

Part C. SCOPE OF WORK...... 17

Part D. PROPOSAL EVALUATION…………………………………………………………21

Part E. FORM OF PROPOSAL AND CONTENT...... 24

Part F. APPENDIX

1. Covered Facilities Report26
2. Questions or Requests for Clarification Form27
3. Project Case Study Form28
4. Americans with Disabilities Act of 199029
5. Equal Employment Opportunity Act30
6. (If Necessary) List of Agencies with Elected Officials Required for

Political Contribution Disclosure32

Part G. PROPOSAL FORMS

<Owner’s Name> ESCO Request for Proposals

PART A. INSTRUCTIONS TO PROPOSERS

A-1.INTENT

The intent of this Request for Proposals (RFP) is to solicit proposals to obtain the comprehensive services of an Energy Savings Company (ESCO) to assist the <Owner> (Owner) to develop an Energy Savings Plan (ESP) designed to improve energy efficiency within the Owner’s facilities, and the financing thereof, through implementation and installation of energy conservation, capital improvements and other measures which will be paid for with the verified savings from reduced energy costs.

It is also the intent, upon independent third party verification of the ESP, and upon Owner review and approval thereof, to have the ESCO implement the Energy Savings Improvement Program (ESIP), by taking actions including, but not limited to, designing the improvements, preparing the bid documents, arranging for financing, managing the construction, overseeing commissioning, <providing an energy savings performance guarantee>, preparing and providing a maintenance schedule for the improvements, and providing training for Owner’s staff. The Owner reserves the right to accept or reject any proposed energy savings guarantee.

The Owner has participated in the Local Government Energy Audit Program through the Board of Public Utilities (“BPU”) or<has conducted an audit using a DPMC classified auditing firm> and has received a completed Energy Audit>. The completed audit is available online at <web link or other direction> <or attached to this document>.

In preparing the ESP the ESCO will be expected to analyze the audit and assess current energy usage and costs, and to identify, analyze, and recommend Energy Conservation Measures (ECM), renewable energy systems including, but not limited to solar and geothermal energy, develop specifications for capital improvements and propose financing alternatives thereof with the ultimate goals of reducing the energy costs to improve energy efficiency. The Owner has identified the specific facilities to be covered under this RFP and included any additional guidance to proposers in Appendix A.

The services shall be performed in two parts in accordance with the Energy Savings Improvement Program Act:

• Phase I: The Proposer shall develop an Energy Savings Plan (ESP) to be reviewed and approved by the Owner. Subsequent to the approval of the ESP, the Owner, in its sole discretion, may authorize the ESCO to proceed to the next phase.
• Phase II: The Energy Savings Implementation Program (ESIP). The Owner is under no obligation to proceed past the receipt and review of the ESP.

All proposers must be prequalified by the New Jersey Department of Treasury, Division of Property Management and Construction, pursuant to N.J.S.A. 52:35-1 e seq. and N.J.A.C. 17:19-1.1 as Construction Class Code C036 to be eligible to participate in the RFP process.

This RFP is being issued as a “Competitive Contract” pursuant to N.J.S.A. 40A:11-4.6(b)(1)/N.J.S.A. 18A:18A-4.6(b)(1), and is conducted pursuant to N.J.S.A. 40A:11-4.1 et seq/N.J.S.A. 18A:18A-4.1 et seq.and N.J.A.C. 5:34-4. In this context the terms RFP or “bid” are used interchangeably with reference to submissions and documentation.

The Proposal for an ESP and its implementation must be in compliance with the terms and conditions of this RFP and specifically comply with:

• The Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq.> <Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
• The Energy Savings Improvement Program Act, N.J.S.A. 18A:18A-4.6and18A:18A-42N.J.S.A. 40A:11-4.6and40A:11-15
• Local Finance Notices 2009-11– Implementing an Energy Savings Improvement Plan, and 2011-17, Update on Implementing Energy Savings Improvement Programs issued by the Division of Local Government Services in the New Jersey Department of Community Affairs ( and (

• N.J. Board of Public Utilities, Office of Clean Energy Requirements, Guidelines, Orders and Protocols (

A-2.RESPONSE TO REQUEST FOR PROPOSALS (RFP)

ESCOs must meet or exceed the professional, administrative and financial qualifications and requirements set forth in the RFP and shall provide all of the information requested herein. Proposers may submit supplemental information that it deems would be useful for the Owner in evaluating its proposal and may provide alternate solutions as may be consistent with the Energy Savings Improvement Program Act. Proposers are encouraged to be clear, factual, and concise in presentation of information.

Proposers are cautioned, however, that the response must meet the minimum RFP requirements. Failure to comply with the requirements of this RFP may disqualify the Proposer’s response from consideration.

A-3.DEADLINE FOR RESPONSES/OWNER’S REPRESENTATIVE

Responses to the RFP must be submitted to the Owner’s Representative no later than XXX p.m. on<date, xx, 20XX.> Proposals must be in a sealed opaque envelope and clearly marked “Energy Savings Plan Development and Implementation for <Owner Name.” Proposals should identify a contact person, and the name and office of the person who prepared the proposal and must be signed by a person authorized to bind the entity submitting the proposal.

Submit<#>original and <x> copy(ies) and <#>electronic copy of the proposal on a compact disc (CD). Responses may be mailed, hand-delivered or sent via courier to the Owner’s Representative.

Owner’s Representative: The Owner’s Representative is <insert name of individual/title as required>. Submit information for the Owner’s Representative to:

Name of Owner’s Representative

<Owner Name

Address

Owner’s Representative telephone number

Owner’s Representative fax phone number

Owner’s Representative email

The Owner shall not be responsible for submissions mis-mailed or misdirected. Responses received by the Owner after the date and time specified above will not be considered and rejected upon receipt.

A-4.QUESTIONS OR REQUESTS FOR CLARIFICATION (See Appendix B)

Proposers shall direct all questions or requests for information in writing using the form included as Appendix B, by certified mail, facsimile, or e-mail to the Owner’s Representative. All questions and/or requests for information must contain an address where responses can be directed.<The Owner may also want to create a website where all proposers can post questions and all can see answers. Information on that should be included here.>

All proposers should note that under the Competitive Contracting provisions of the <Local Public> <Public School Contracts Law, the Owner may not negotiate the terms of a proposal. See N.J.S.A. 18A:18A-4.5(b)40A:11-4.5(b). Accordingly, any issues that a proposer may have with regard to the legal or technical terms of the request for proposals or any anticipated exceptions, including any indemnification or other terms of contract thereto must be raised in the question period and resolved before the submission of a proposal. Accepted proposals will be subject to the terms contained herein.

All questions and/or requests for information should reference the section or addendum of the RFP and page number to which they pertain and should be asked in consecutive order, from beginning to end, following the organization of the RFP. Except for brief procedural matters, there will be no response to oral inquiries. Questions must be submitted no later than <insert date>. Potential proposers are urged to submit questions pertaining to core Terms of Agreement as soon as possible, but no later that the date provided, above, so available time is maximized to resolve those questions before the proposal is due. All questions must be submitted on Appendix B.

The final form of the Agreement will be subject to all public contracting statutes, rules and regulations applicable to the Owner. Any provision of any submitted Project Development Agreement or of the Proposal that is in conflict with the foregoing shall be null and void, ab initio unless otherwise approved pursuant to the requirements for exceptions, below.

A-5.PRE-PROPOSAL CONFERENCE

There will be an optional pre-proposal conference held in the <insert location> as provided, above, on <insert date>. Following the conference, there will be a facilities walk-through for interested ESCOs. Attendance is strongly recommended. Attendees will receive proposal evaluation credit for attending.

A-6.ANTICIPATED SCHEDULE OF EVENTS

A-7.AMBIGUITY, CONFLICT OR ERRORS IN THE RFP

If a Proposer discovers any ambiguity, conflict, discrepancy, omission or error in the RFP, the Proposer shall immediately notify the Owner’s Representative of such error in writing which can be delivered by hand, mail, overnight carrier, or email addressed as described in Section 3 of this Part.

A-8.REVISIONS TO THIS RFP

In the event it becomes necessary to clarify or revise this RFP, such clarification or addendum shall be issued by the Owner by written addendum to the RFP.

Any RFP addendum shall be delivered by hand, certified mail, facsimile, or delivery by courier service that certifies delivery. Only those proposers who have already received the proposal documentation directly from the Owner will be provided the addendum unless the person notifies theOwner’s Representative that it seeks to be included on the distribution list for any addenda.

Any addendum, clarification and/or revision to this RFP shall become part of this RFP and part of the contract arising from the RFP. Proposers shall include a listing of received RFP Addendums as part of the Proposal on Proposal Form #1.

A-9.PROPOSAL FORM

Each proposer must submit an original proposal and (#) additional copies. Proposers must also submit <x> copy of the proposal on compact disc (CD) as provided in paragraph 3, above. Each proposal shall be duly executed. All corrections, white-outs, erasures or other forms of alteration to prices must be initialed in ink and dated by the proposer.

A-10.PROPOSER REPRESENTATION

Proposal must be signed by a duly authorized signatory and shall provide the full business address on the signature form provided in this proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations or other business entities shall be signed with the name of the corporation or other business entity followed by the signature and title designation of an individual authorized to bind the corporation or business entity in the matter.

A-11.SPECIFICATION CHANGES, ADDITIONS AND DELETIONS

All changes to proposal documents shall be through written addendum, clearly marked and furnished to the Owner at the aforementioned address only prior to the opening date of the proposals. Verbal information obtained otherwise will not be considered in awarding of proposals. Proposers shall not be permitted to alter the terms of their proposal after the time and date of the submission thereof, however, the Proposer may request that the proposal be returned prior to the closing date of the RFP, in which case the Proposer may submit a new RFP prior to the closing date.

A-12.ELECTRONIC PROPOSAL SUBMITTAL PROHIBITED

Proposals sent by electronic, telephonic or facsimile devices (including email) are NOT acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Proposal either by express courier, postal service or other means. The Owner shall not be responsible for premature opening or late delivery of Proposals not properly marked or addressed, or for late delivery by mail or delivery service.

A-13.CONDITIONAL PROPOSALS

Conditional proposals will not be accepted. Proposals may be withdrawn prior to the advertised time for receipt of proposals or authorized postponement prior thereof. Proposals received after the advertised time will not be considered and will be rejected upon receipt.

A-14.COSTS

The Owner assumes no responsibility and bears no liability for costs incurred by proposers in the preparation and submittal of responses to this RFP.

A-15.PROPOSAL OPENING

Examination of the proposals will commence after opening at <time and date> and an evaluation process will be initiated. At the opening of the proposals, the name of the vendor and price of the proposal will be announced. No proposal information or results will be given over the telephone. No proposal may be withdrawn for a period of 60 calendar days of the proposal opening date. Proposals, amendments thereto or withdrawal requests received after the time advertised for proposal opening will be rejected regardless of when they were mailed.

A-16.REJECTION OF RESPONSES

The Owner reserves the right to accept or reject in part or in whole any or all responses to this RFP submitted. The Owner shall reject the response of any proposer who is determined not to be responsible or whose response is deemed to be non-responsive.

The Owner reserves the right to waive minor variances in responses to this RFP. Any such waiver shall not modify any remaining RFP requirements nor excuse any proposer from full compliance with the RFP specifications and other contract requirements if the proposer is awarded the contract.

The failure of a proposer to supply information concerning its responsibility may be grounds for a determination of non-responsibility.

A-17.BASIS OF PROPOSAL AWARD

Award of proposal shall be made to the proposer determined to be the most responsible, price and other factors considered, as determined by the Owner, in its sole discretion. Proposal evaluation criteria are stated in Section D of this RFP.

A-18.DISCLAIMERS

The Owner reserves the right to withdraw this RFP at any time and for any reason and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt by the Owner of a response to this RFP confers no rights upon the proposer, nor obligations upon the Owner in any manner.

A-19.GENERAL INSTRUCTIONS

It is intended that this RFP describe the requirements and response format in sufficient detail to secure comparable proposals. Proposers shall submit responses that are complete, thorough and accurate. Sales brochures and other similar material should not be included in a proposer’s response. The response shall be descriptive and contain sections in the same order as provided in the section entitled “Proposal Content.” Proposers are instructed to clearly identify any requirement of this RFP that the proposer cannot satisfy. A proposer’s failure to comply with all provisions of this RFP may disqualify the proposer’s response.

A-20.COMPETITIVENESS AND INTEGRITY

The proposal process is designed to prevent biased evaluations and to preserve the competitiveness and integrity of contract awards. Proposers are to direct all communications regarding this proposal to the Owner’s Representative and are not to contact other Owner officials or employees directly unless specifically directed by the Owner’s Representative. Attempts to circumvent this requirement will be viewed negatively and may result in rejection of the offer of the firm found to be in noncompliance.

PART B.TERMS AND CONDITIONS

B-1.LAWS AND REGULATIONS

All applicable federal, state, and local laws and regulations, as well as policies of the Owner shall apply to the proposal process and any resulting contract, and are incorporated here by reference.