90-4-1104. Selection of qualified providers for energy performance contracts. (1) A local government unit or a state agency may solicit submissions of qualifications to enter into an energy performance contract and proposals for investment grade energy audits. The local government unit or the state agency shall give at least 14 days' public notice of a request for qualifications and proposals. The notice must be published at least once a week for 2 consecutive weeks in a newspaper of general circulation in the area where the local government unit or the state agency intends to institute the conservation measures, and requests for proposals must be sent to at least three vendors known to be offering energy performance contracts. The notice must invite qualified providers to submit qualifications and proposals for investment grade energy audits.
     (2) The local government unit or the state agency shall evaluate qualifications and proposals according to the following capabilities and criteria:
     (a) knowledge of design, engineering, installation, maintenance, and repairs associated with energy performance contracts;
     (b) experience in postinstallation project monitoring, data collection, and reporting of savings;
     (c) ability to guarantee conservation savings;
     (d) management capability;
     (e) ability to arrange long-term financing or to integrate existing financial resources, such as utility rebates and intercap loans, into projects; and
     (f) experience with projects of similar size and scope.
     (3) The local government unit or the state agency shall negotiate a contract with the most qualified provider at a price that the local government unit or the state agency determines fair and reasonable, taking into account the scope of the services rendered. If the local government unit or the state agency is unable to negotiate a satisfactory contract with the most qualified provider, negotiations with that firm must be formally terminated and the local government unit or the state agency shall select the next most qualified provider until an agreement is reached or the process is terminated.

     History: En. Sec. 4, Ch. 162, L. 2005; amd. Sec. 7, Ch. 439, L. 2009.