Section 19.03 - Request for Qualifications(1)RFQ Terms. A Local Governmental Body shall solicit competitive sealed statements of qualifications through an RFQ. Except for those soliciting only On-site Energy Generation, requirements set forth in 225 CMR 19.03(2), every RFQ shall, at a minimum, include the following: (a) A general description of those buildings to be addressed by the RFQ, including where applicable: 1. the general purpose for which the building is used, the physical location, and approximate hours of daily occupancy;2. the approximate size, age, and condition of the building envelope;3. a general description of the heating and cooling systems including the approximate age, condition, and fuel type(s);4. a general description of the heating and cooling distribution and control systems;5. a general description of the lighting and lighting control systems; and6. fuel, electricity, and water consumption data for the past two years.(b) A general statement of the minimum scope of building improvements proposed by the Local Governmental Body;(c) A request that the Responsive Offeror provide recommendations to address building improvements referenced in 225 CMR 19.03(1)(b), and where applicable, additional improvements for: 1. the building envelope;2. the heating and cooling systems;3. the lighting and control systems; and4. any other recommendations for Energy Savings sought by the Local Governmental Body.(d) A statement of objectives, identifying the Local Governmental Body's priorities, on which the statements of qualifications will be evaluated. The statement of objectives may include Energy Savings, reducing energy and/or water consumption, funding major capital improvements, and improving building operating conditions;(e) A requirement to submit a Certificate of Eligibility and the most current Update Statement; and(f) A requirement to submit the cost of an IGA.(2)RFQ Terms for On-site Energy Generation. A Local Governmental Body that is soliciting statements of qualifications for solely the construction of On-site Energy Generation shall be required to solicit competitive sealed statements of qualifications through an RFQ process. An RFQ shall at a minimum include the following information: (a) A general description of those buildings or facilities to be addressed by the RFQ, including: 1. the general purpose for which the building or facility is used, and approximate hours of daily occupancy;2. any permitting requirements;3. the conditions (surface, subsurface, and underground facilities) at the site; and4. For rooftop installations, the approximate size, age and condition of the building, including the roof where the system will be mounted;(b) A statement of objectives, identifying the Local Governmental Body's priorities on which statements of qualfications will be evaluated; and(c) A requirement to submit a Certificate of Eligibility and the most current Update Statement.(3)Notice of EMS Procurement. All Local Governmental Bodies shall file a notice of EMS procurement with DOER at least 15 Business Days prior to filing the RFQ with the Secretary of the Commonwealth for publication in the Central Register. The notice of EMS procurement shall include a copy of the RFQ, RFQ Compliance Certification, the contact information, the name of the Local Governmental Body, the physical address, the name and contact information for the Chief Procurement Officer, if applicable, or an alternative local governmental official with equivalent responsibilities, and the current phone number and email address for the person responsible for the RFQ. The Local Governmental Body shall use the most current RFQ Compliance Certification and associated instructions, including all required information, documentation, and assurances provided by DOER.(4)Acknowledgment of Receipt. Upon receipt of a notice of EMS procurement, EMS contract, or EMS contract amendment from a Local Governmental Body, DOER shall determine whether it is complete and satisfies all requirements. (a) If such notice is deemed incomplete, DOER shall identify all information necessary to complete the filing and notify the Local Governmental Body in writing within ten Business Days of receipt.(b) Once DOER has deemed that the notice of EMS procurement, EMS contract, or EMS contract amendment is complete, DOER shall, within ten Business Days of receipt, email an acknowledgement of receipt to the contact person named in the Notice and the Chief Procurement Officer which does not constitute a review or approval of the RFQ, EMS contract, or EMS contract amendment by DOER.(c) A Local Governmental Body shall not issue and publish an RFQ, or execute an EMS contract or contract amendment until the Local Governmental Body receives an acknowledgment of receipt from DOER.(d) Publication by the Local Governmental Body of an RFQ or execution of an EMS contract or contract amendment prior to receipt of an acknowledgment of receipt shall be deemed to be a violation of the procurement process under 225 CMR 19.00, unless the Local Governmental Body has not received a response from DOER within ten Business Days of receipt.(5)Publication of RFQ. A Local Governmental Body may only publish an RFQ for EMS if the RFQ process is in compliance with 225 CMR 19.00. Such publication of an RFQ shall also comply with the requirements of M.G.L. c. 149, § 44J(1). Local Governmental Bodies are encouraged to provide longer than required posting and publication periods, when appropriate, to increase fair competition among Responsive Offerors.(6)Response Opening and Evaluation. (a)Response Opening. A Local Governmental Body shall open statements of qualifications publicly, in the presence of two or more witnesses, at the time specified in the RFQ, and shall be available for public inspection.(b)Response Evaluation. A Local Governmental Body shall evaluate each statement of qualifications and award each contract based solely on the criteria set forth in the RFQ. Unless no other manner of description suffices, and the Local Governmental Body so determines in writing, the requirements for a basis of determination may not result in exclusively requiring a proprietary supply or service, or procurement from a sole source. Response evaluation criteria shall include, but not be limited to, the following: 1. references of other Energy Savings contracts performed;2. the Certificate of Eligibility and Update Statement;3. quality of the products proposed;4. methodology of determining Energy Savings;5. general reputation and performance capabilities including responsiveness and responsibility;6. substantial conformity with the specifications and other conditions set forth in the RFQ;7. time specified in the RFQ for the performance of the contract; and8. any other factors the Local Governmental Body considers reasonable and appropriate, which factors shall be made a matter of record. The Local Governmental Body shall conduct discussions with, and may require public presentations by, each person who submitted qualifications in response to the RFQ regarding his qualifications, approach to the project and ability to furnish the required services. The Local Governmental Body shall select in order of preference three such persons, unless fewer persons respond, it considers to be the most highly qualified to perform the required services. The Local Governmental Body may request, accept and consider statements of qualifications for the compensation to be paid under the contract only during competitive negotiations conducted under 225 CMR 19.05(1).
Adopted by Mass Register Issue 1278, eff. 1/16/2015.