§ 143‑64.17A. Solicitation of guaranteed energysavings contracts.
(a) Before entering into a guaranteed energy savings contract, agovernmental unit shall issue a request for proposals. Notice of the requestshall be published at least 15 days in advance of the time specified foropening of the proposals in at least one newspaper of general circulation inthe geographic area for which the local governmental unit is responsible or, inthe case of a State governmental unit, in which the facility or facilities arelocated. No guaranteed energy savings contract shall be awarded by anygovernmental unit unless at least two proposals have been received fromqualified providers. Provided that if after the publication of the notice ofthe request for proposals, fewer than two proposals have been received fromqualified providers, the governmental unit shall again publish notice of therequest and if as a result of the second notice, one or more proposals byqualified providers are received, the governmental unit may then open theproposals and select a qualified provider even if only one proposal isreceived.
(b) The governmental unit shall evaluate a sealed proposal fromany qualified provider. Proposals shall contain estimates of all costs ofinstallation, modification, or remodeling, including costs of design,engineering, installation, maintenance, repairs, debt service, and estimates ofenergy savings.
(c) In the case of a local governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of thegoverning body of the local governmental unit at a public opening at which thecontents of the proposals shall be announced and recorded in the minutes of thegoverning body. Proposals shall be evaluated for the local governmental unit bya licensed architect or engineer on the basis of:
(1) The information required in subsection (b) of this section;and
(2) The criteria stated in the request for proposals.
The local governmental unit may require a qualifiedprovider to include in calculating the cost of a proposal for a guaranteedenergy savings contract any reasonable fee payable by the local governmentalunit for evaluation of the proposal by a licensed architect or professionalengineer not employed as a member of the staff of the local governmental unitor the qualified provider.
(c1) In the case of a State governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of theState governmental unit at a public opening and the contents of the proposalsshall be announced at this opening. Proposals shall be evaluated for the Stategovernmental unit by a licensed architect or engineer who is either privatelyretained, employed with the Department of Administration, or employed as a memberof the staff of the State governmental unit. The proposal shall be evaluated onthe basis of the information required in subsection (b) of this section and thecriteria stated in the request for proposals.
The State governmental unit shall require a qualified provider toinclude in calculating the cost of a proposal for a guaranteed energy savingscontract any reasonable fee payable by the State governmental unit forevaluation of the proposal by a licensed architect or professional engineer notemployed as a member of the staff of the State governmental unit or thequalified provider. The Department of Administration may charge the Stategovernmental unit a reasonable fee for the evaluation of the proposal if theDepartment's services are used for the evaluation and the cost paid by theState governmental unit to the Department of Administration shall be calculatedin the cost of the proposal under this subsection.
(d) The governmental unit shall select the qualified providerthat it determines to best meet the needs of the governmental unit byevaluating all of the following:
(1) Prices offered.
(2) Proposed costs of construction, financing, maintenance, andtraining.
(3) Quality of the products proposed.
(4) Amount of energy savings.
(5) General reputation and performance capabilities of thequalified providers.
(6) Substantial conformity with the specifications and otherconditions set forth in the request for proposals.
(7) Time specified in the proposals for the performance of thecontract.
(8) Any other factors the governmental unit deems necessary,which factors shall be made a matter of record.
(e) Nothing in this section shall limit the authority ofgovernmental units as set forth in Article 3D of this Chapter. (1993 (Reg. Sess., 1994), c. 775, s. 3; 2002‑161, s. 3.)
§ 143‑64.17A. Solicitation of guaranteed energysavings contracts.
(a) Before entering into a guaranteed energy savings contract, agovernmental unit shall issue a request for proposals. Notice of the requestshall be published at least 15 days in advance of the time specified foropening of the proposals in at least one newspaper of general circulation inthe geographic area for which the local governmental unit is responsible or, inthe case of a State governmental unit, in which the facility or facilities arelocated. No guaranteed energy savings contract shall be awarded by anygovernmental unit unless at least two proposals have been received fromqualified providers. Provided that if after the publication of the notice ofthe request for proposals, fewer than two proposals have been received fromqualified providers, the governmental unit shall again publish notice of therequest and if as a result of the second notice, one or more proposals byqualified providers are received, the governmental unit may then open theproposals and select a qualified provider even if only one proposal isreceived.
(b) The governmental unit shall evaluate a sealed proposal fromany qualified provider. Proposals shall contain estimates of all costs ofinstallation, modification, or remodeling, including costs of design,engineering, installation, maintenance, repairs, debt service, and estimates ofenergy savings.
(c) In the case of a local governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of thegoverning body of the local governmental unit at a public opening at which thecontents of the proposals shall be announced and recorded in the minutes of thegoverning body. Proposals shall be evaluated for the local governmental unit bya licensed architect or engineer on the basis of:
(1) The information required in subsection (b) of this section;and
(2) The criteria stated in the request for proposals.
The local governmental unit may require a qualifiedprovider to include in calculating the cost of a proposal for a guaranteedenergy savings contract any reasonable fee payable by the local governmentalunit for evaluation of the proposal by a licensed architect or professionalengineer not employed as a member of the staff of the local governmental unitor the qualified provider.
(c1) In the case of a State governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of theState governmental unit at a public opening and the contents of the proposalsshall be announced at this opening. Proposals shall be evaluated for the Stategovernmental unit by a licensed architect or engineer who is either privatelyretained, employed with the Department of Administration, or employed as a memberof the staff of the State governmental unit. The proposal shall be evaluated onthe basis of the information required in subsection (b) of this section and thecriteria stated in the request for proposals.
The State governmental unit shall require a qualified provider toinclude in calculating the cost of a proposal for a guaranteed energy savingscontract any reasonable fee payable by the State governmental unit forevaluation of the proposal by a licensed architect or professional engineer notemployed as a member of the staff of the State governmental unit or thequalified provider. The Department of Administration may charge the Stategovernmental unit a reasonable fee for the evaluation of the proposal if theDepartment's services are used for the evaluation and the cost paid by theState governmental unit to the Department of Administration shall be calculatedin the cost of the proposal under this subsection.
(d) The governmental unit shall select the qualified providerthat it determines to best meet the needs of the governmental unit byevaluating all of the following:
(1) Prices offered.
(2) Proposed costs of construction, financing, maintenance, andtraining.
(3) Quality of the products proposed.
(4) Amount of energy savings.
(5) General reputation and performance capabilities of thequalified providers.
(6) Substantial conformity with the specifications and otherconditions set forth in the request for proposals.
(7) Time specified in the proposals for the performance of thecontract.
(8) Any other factors the governmental unit deems necessary,which factors shall be made a matter of record.
(e) Nothing in this section shall limit the authority ofgovernmental units as set forth in Article 3D of this Chapter. (1993 (Reg. Sess., 1994), c. 775, s. 3; 2002‑161, s. 3.)
§ 143‑64.17A. Solicitation of guaranteed energysavings contracts.
(a) Before entering into a guaranteed energy savings contract, agovernmental unit shall issue a request for proposals. Notice of the requestshall be published at least 15 days in advance of the time specified foropening of the proposals in at least one newspaper of general circulation inthe geographic area for which the local governmental unit is responsible or, inthe case of a State governmental unit, in which the facility or facilities arelocated. No guaranteed energy savings contract shall be awarded by anygovernmental unit unless at least two proposals have been received fromqualified providers. Provided that if after the publication of the notice ofthe request for proposals, fewer than two proposals have been received fromqualified providers, the governmental unit shall again publish notice of therequest and if as a result of the second notice, one or more proposals byqualified providers are received, the governmental unit may then open theproposals and select a qualified provider even if only one proposal isreceived.
(b) The governmental unit shall evaluate a sealed proposal fromany qualified provider. Proposals shall contain estimates of all costs ofinstallation, modification, or remodeling, including costs of design,engineering, installation, maintenance, repairs, debt service, and estimates ofenergy savings.
(c) In the case of a local governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of thegoverning body of the local governmental unit at a public opening at which thecontents of the proposals shall be announced and recorded in the minutes of thegoverning body. Proposals shall be evaluated for the local governmental unit bya licensed architect or engineer on the basis of:
(1) The information required in subsection (b) of this section;and
(2) The criteria stated in the request for proposals.
The local governmental unit may require a qualifiedprovider to include in calculating the cost of a proposal for a guaranteedenergy savings contract any reasonable fee payable by the local governmentalunit for evaluation of the proposal by a licensed architect or professionalengineer not employed as a member of the staff of the local governmental unitor the qualified provider.
(c1) In the case of a State governmental unit, proposals receivedpursuant to this section shall be opened by a member or an employee of theState governmental unit at a public opening and the contents of the proposalsshall be announced at this opening. Proposals shall be evaluated for the Stategovernmental unit by a licensed architect or engineer who is either privatelyretained, employed with the Department of Administration, or employed as a memberof the staff of the State governmental unit. The proposal shall be evaluated onthe basis of the information required in subsection (b) of this section and thecriteria stated in the request for proposals.
The State governmental unit shall require a qualified provider toinclude in calculating the cost of a proposal for a guaranteed energy savingscontract any reasonable fee payable by the State governmental unit forevaluation of the proposal by a licensed architect or professional engineer notemployed as a member of the staff of the State governmental unit or thequalified provider. The Department of Administration may charge the Stategovernmental unit a reasonable fee for the evaluation of the proposal if theDepartment's services are used for the evaluation and the cost paid by theState governmental unit to the Department of Administration shall be calculatedin the cost of the proposal under this subsection.
(d) The governmental unit shall select the qualified providerthat it determines to best meet the needs of the governmental unit byevaluating all of the following:
(1) Prices offered.
(2) Proposed costs of construction, financing, maintenance, andtraining.
(3) Quality of the products proposed.
(4) Amount of energy savings.
(5) General reputation and performance capabilities of thequalified providers.
(6) Substantial conformity with the specifications and otherconditions set forth in the request for proposals.
(7) Time specified in the proposals for the performance of thecontract.
(8) Any other factors the governmental unit deems necessary,which factors shall be made a matter of record.
(e) Nothing in this section shall limit the authority ofgovernmental units as set forth in Article 3D of this Chapter. (1993 (Reg. Sess., 1994), c. 775, s. 3; 2002‑161, s. 3.)
