[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20097-20099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07709]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Savings Performance Contracts
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of request for information (RFI).
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SUMMARY: The U.S. Department of Energy (DOE) seeks comments and
information regarding improvements to Energy Savings Performance
Contracts (ESPCs). ESPCs allow Federal agencies to implement energy
savings projects where the up-front capital cost is financed by an
Energy Services Company (ESCO), who is then repaid from the agency's
energy savings over a period of up to 25 years. The DOE Federal Energy
Management Program (FEMP) is the lead agency program for providing
implementing rules and policies regarding ESPCs. DOE FEMP strives to
continuously improve the ESPC processes it is has implemented since
1996. DOE is publishing this RFI to obtain ideas and input from ESPC
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stakeholders and other interested persons to facilitate further
improvements to ESPCs.
DATES: Written comments and information are requested on or before May
3, 2013.
ADDRESSES: Interested persons may submit comments by any of the
following methods. Your response should be in the form of a Word
document, or a compatible format.
1. Email: to [email protected]. Include ``ESPC Comments'' in the
subject line of the message.
2. Mail: Mr. Randy Jones, U.S. Department of Energy, 1617 Cole
Blvd., Golden, CO 80401, Telephone: (720) 356-1667, Email:
[email protected]. Please submit one signed paper original.
FOR FURTHER INFORMATION CONTACT: Mr. Randy Jones, U.S. Department of
Energy, 1617 Cole Blvd., Golden, CO 80401, Telephone: (720) 356-1667,
Email: [email protected], or Ms. Michella Hill, Contracting
Officer, U.S. Department of Energy, 1617 Cole Blvd., Golden, CO 80401,
Telephone: (720) 356-1489, Email: [email protected].
SUPPLEMENTARY INFORMATION: The Federal Energy Management Program
(FEMP), within the DOE Office of Energy Efficiency and Renewable Energy
(EERE), provides services, tools, and expertise to Federal agencies to
help them achieve their legislated and executive-ordered energy,
greenhouse gas, and water goals. These are delivered through project,
technical, and program services. One of FEMP's major services is to
support Federal agencies in identifying, obtaining, and implementing
project funding for energy projects through the use of ESPCs.
ESPCs allow Federal agencies to accomplish energy savings projects
without up-front capital costs. In an ESPC, a Federal agency contracts
with an ESCO, following a comprehensive energy audit conducted by the
ESCO of a Federal facility to identify improvements to save energy. In
consultation with the Federal agency, the ESCO designs and constructs a
project that meets the agency's needs and arranges the necessary
funding. The ESCO guarantees that the improvements will generate energy
cost savings sufficient to pay for the project over the term of the
contract. After the contract ends, all additional cost savings accrue
to the agency. Contract terms up to 25 years are allowed.
Under the ESPC statutes, DOE is required to develop methods and
procedures for Federal agencies to implement the use of energy savings
performance contracting. On April 10, 1995, DOE established the
implementing procedures and regulations for ESPCs at 10 CFR part 436,
Subpart B. (See, 60 FR 18334.)
To facilitate and accelerate the use of ESPCs, DOE has issued
Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts designed to
make ESPCs as practical and cost-effective as possible for use by
Federal agencies. DOE awarded these ``umbrella'' contracts to ESCOs
based on their ability to meet terms and conditions established in IDIQ
contracts, and consistent with the ESPC regulations. DOE IDIQ contracts
can be used by Federal agencies to achieve energy savings for any
Federally-owned facility worldwide, by awarding Task Orders for ESPC
projects at their facilities.
Since the inception of DOE's IDIQ contracts in 1996, numerous
Federal agencies have used them to award more than 280 ESPC projects
throughout the Federal government. More than $2.71 billion has been
invested in Federal energy efficiency and renewable energy
improvements. These improvements have resulted in more than 347.5
trillion Btu life-cycle energy savings and more than $7.18 billion of
cumulative energy cost savings for the Federal Government.
While FEMP has provided implementing rules and policies regarding
ESPCs, its efforts to promote and improve ESPC projects have been
primarily through the DOE IDIQ contract vehicle. Over the course of the
last 15 years, FEMP has continuously improved the ESPC IDIQ contract in
many key areas, including contractor selection procedures, scope
definition, Measurement and Verification (M&V), financing procurement,
and definition of risk and responsibilities.
More detailed background and specifics of the current FEMP ESPC
program can be found at: http://www1.eere.energy.gov/femp/financing/espcs.html.
More detailed information about the IDIQ contracts, FEMP's primary
vehicle for implementation of ESPCs, including a generic version of the
current contract, can be found at: http://www1.eere.energy.gov/femp/financing/espcs_resources.html.
More detailed information about the new FEMP streamlined ESPC
ENABLE program for smaller facilities can be found at: http://www1.eere.energy.gov/femp/financing/espc_enable.html.
Issues on Which DOE Seeks Information:
This request for information is issued to solicit input on further
potential improvements to ESPCs, with emphasis on improvements to the
FEMP IDIQ contracts. Specifically, FEMP is interested in obtaining
ideas and information in the following areas:
Speed to Award
Decreasing the time from the point an agency decides to go
forward (Issues Notice of Opportunity (NOO), Request for Proposals
(RFP), etc.) to the time of award.
[cir] Process improvements and simplifications, while maintaining
technical and project management integrity.
[cir] Addressing internal agency policies and processes to speed up
key reviews, approvals, and decisions.
ESPC IDIQ Contract Improvements
Opportunities and benefits relating to greater
standardization of contract processes, terms and conditions across the
Government.
Comments on current IDIQ processes that allow contractor
selection based on ESCO qualifications only, without the submission of
a price proposal.
Comments on structuring an ESPC IDIQ Contract so that new
contractors may be added during the life of the contract based on
meeting the same qualification criteria as specified in the original
solicitation.
Comments on a potential process where the technical
criterion to receive an IDIQ ESPC contract from DOE are based partially
or fully on meeting requirements of an impartial, national ESCO
certification program.
Comments on structuring an ESPC IDIQ Contract so that
contractors can be removed during the life of the contract based on
conditions specified in the IDIQ such as non-performance or lack of
participation.
Improvement of deliverables content and format (Investment
Grade Audit, Commissioning Plans and Reports, Measurement and
Verification Plans and Reports, etc.).
Increasing the Certainty of Energy Savings Persistence
Improvements to Measurement and Verification
methodologies, to achieve and maintain the greatest assurance of energy
savings at the least cost.
Approaches To Encourage Innovative or Underutilized Energy Efficiency
and Renewable Energy Technologies
Approaches to increase confidence in investing in
technologies with good potential but little implementation experience.
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Approaches to incentivize ESCOs to propose innovative or
underutilized technologies.
Potential Improvements to the FEMP streamlined ENABLE Program for
Smaller Facilities
Improvements to the technical tools and contract templates
that support project development and execution.
Feedback on the process that is required by GSA Schedule
84, Special Identification Number 246-53 and use of the Schedule
ordering process in general.
Disclaimer and Important Notes
This is an RFI issued solely for information and program planning
purposes; this RFI does not constitute a formal solicitation for
proposals or abstracts. Your response to this notice will be treated as
information only. DOE will not provide reimbursement for costs incurred
in responding to this RFI. Respondents are advised that DOE is under no
obligation to acknowledge receipt of the information received or
provide feedback to respondents with respect to any information
submitted under this RFI. Responses to this RFI do not bind DOE to any
further actions related to this topic.
Confidential Business Information
In accordance with 10 CFR 1004.11, any person submitting
information he or she believes to be confidential and exempt by law
from public disclosure should submit via email, postal mail, or hand
delivery/courier two well-marked copies: One copy of the document
marked confidential including all the information believed to be
confidential, and one copy of the document marked non-confidential with
the information believed to be confidential deleted. Submit these
documents via email or on a CD, if feasible. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in a public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Issued in Washington, DC, on March 28, 2013.
Timothy Unruh,
Program Manager, Federal Energy Management Program.
[FR Doc. 2013-07709 Filed 4-2-13; 8:45 am]
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