ENE51–Designated DCAMM Statewide Contract for Demand Response Services: This is a Statewide Contract (SWC) for Demand Response (DR). This contract is streamlined to provide approved participants with a clear and accessible method to earn income for their involvement in DR programs. This is a program where facilities temporarily reduce or shift their electricity consumption during periods of high demand on the electrical grid (for example, hot summer days) through methods like load curtailment (temporarily turning off non-essential equipment) or switching to on-site emergency generators. 

By participating in DR programs, facilities can help the electrical grid manage peak demand, and in return, receive financial compensation for their participation.

This contract facilitates access to financial incentives for Eligible Entities through the engagement of a vendor who will:

• Enroll and manage the participation of Eligible Entity facilities (accordingly “Customer Assets”) in the ISO New England (ISO-NE) DR Program, utility load curtailment programs, and Clean Peak programs, as applicable. 
• Provide support services for current and future assets enrolled by the Commonwealth in the Forward Capacity Market (FCM).
• Upgrade, retrofit, or replace existing emergency generators in various locations throughout the Commonwealth.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

For the Master Contract Record, refer to the ENE51 Master Contract Record. 

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• Having availability of environmentally preferable products.

In addition to the above, this contract also offers the following benefits:

• Revenue generating contract: This contract is designed to make it easy for eligible entities to earn revenue by participating in Demand Response (DR) programs.
• No upfront cost: Participation in the program is free for eligible entities; there are no upfront costs for feasibility assessments or enrollment. The vendor is responsible for those costs.
• Reduction in calculated electricity rates: Some utilities calculate the rates they charge customers based on their energy demand during peak hours. Participating in DR programs during peak hours reduces facilities' peak energy demand, ultimately lowering electricity rates throughout the year.

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

This contract categorizes all Eligible Entities into two groups based on their relationship with DCAMM, as mentioned in the following sections.

DCAMM-Controlled

DCAMM-Controlled includes Executive, Legislative and Judicial Branches, including all Departments and elected offices internally, and public hospitals owned by the Commonwealth.  For all those Eligible Entities, DCAMM will serve as the point of contact for establishing initial communication, Customer Asset enrollment, and all payments. DCAMM authorization is required for the vendor to enroll Customer Assets belonging to a DCAMM-Controlled Eligible Entity. 

To use this contract, DCAMM-Controlled Eligible Entities must indicate in writing they wish to join the Demand Response (DR) Program, committing to full participation and performance throughout their enrollment. The Agreement outlines certain responsibilities including but not limited to:

• Operation of generators and permitting requirement
• General maintenance expectations
• Access to utility billing information
• Maintaining up-to-date contact information for purposes of response notification.

The DCAMM contact is:

Dave Lewis
Energy Efficiency and Sustainable Buildings Group
Division of Capital Asset Management
1 Ashburton Place, 16th Floor
Boston, MA. 02108
Phone: 617-413-1917 (Direct)

Non-DCAMM Controlled

Non-DCAMM Controlled includes all other Eligible Entities listed (for example, cities, towns, public schools, etc.). Non-DCAMM Controlled Eligible Entities do not need to sign any agreement with DCAMM. They can engage the vendor directly and must establish direct payment arrangements. 

The non-DCAMM contact is:

Paul M. Lopes
Program Manager-Save Energy Now 
Massachusetts Department of Energy Resources
100 Cambridge Street
Suite 1020
Boston, MA 02114
Phone: 617-626-7329
Cell: 508-717-1748

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers may access the price files and vendor catalogs without signing into a COMMBUYS account.
For ENE51, please refer to the following specifications:

• For the renewal period, all price change requests must be submitted before the contract renewal. Please refer to section 4.4.3 of the ENE51 RFR for additional price adjustment details. To access the RFR, refer to Finding Contract Documents for instructions.
• During their enrollment, Eligible Entities will receive quarterly payments equivalent to a percentage of the total payments made by ISO New England (ISO-NE) for the enrolled Customer Assets under this contract.
• The vendor's price sheet specifies the percentage share of ISO-NE payments that the current Division of Capital Asset Management and Maintenance (DCAMM) assets receive. 
• All Demand Response (DR) payments for DCAMM-Controlled Eligible Entities must be directed to DCAMM for deposit into the Commonwealth's designated account. 
• Payments to non-DCAMM eligible entities must be made directly to each eligible entity, adhering to their specific payment instructions.
• The vendor shall be liable for all penalties imposed by ISO-NE. 
• Eligible Entity payments will not be reduced due to an unforeseen penalty from the ISO-NE to the vendor.
• It is agreed that any payments for metering and monitoring will come from the savings generated by this contract, and that DCAMM (or the individual non-DCAMM controlled eligible entity) and the vendor will negotiate these costs on a case-by-case basis.
• In the event a Customer Asset cannot participate in the DR Program due to circumstances beyond the vendor's influence, the vendor may request the Eligible Entity to withdraw the asset from the program.  
• The vendor is responsible for providing the lowest-cost alternative and covering all associated costs, thereby ensuring no payments are required from the Eligible Entity. In such situations, the Eligible Entity may negotiate a revised ISO-NE payment percentage share for this and other Customer Assets.
• The vendor is also engaged by DCAMM for Forward Capacity Market (FCM) services on a fee-for-service basis (FFS), which is a payment model where providers are reimbursed for each service they deliver, regardless of the outcome. Since this is currently a service used solely by DCAMM, please refer to the RFR Document and the vendor’s price sheet for information.
  

This contract is not associated with any spending on the part of the Eligible Entity. The vendor's fee structure is based on a percentage of the ISO New England (ISO-NE) payments earned by the Eligible Entity through its participation in the Demand Response (DR) program.
Please refer to the following purchasing guidelines:

• Executive Departments: All Executive Departments must use statewide contracts for their purchases if the goods and services they seek are available on a statewide contract.  Executive agencies must use COMMBUYS for all related statewide contract purchasing activity. For more details, refer to the Conducting Best Value Procurements handbook.
• Eligible Entities: All other Non-Executive Eligible Entities are encouraged to use COMMBUYS for all statewide contracts purchasing activity, however the use of COMMBUYS is not required.
  

Please refer to the following process to engage a contractor:

1. DCAMM or the individual Non-DCAMM Controlled Eligible Entity request that the contractor examine the feasibility of adding specific Customer Assets to the Demand Response (DR) Program. 
2. When the contractor and the Eligible Entity determine that it is feasible to enroll the Customer Asset, the parties will agree to a compensation using the best available information at the time of the agreement.
3. The contractor must successfully enroll the Customer Asset in ISO New England’s (ISO-NE’s) DR Program within 60 days of such agreement, unless otherwise agreed with the Eligible Entity.
4. DCAMM and other Eligible Entities reserve the right to decline any offer or seek additional DR service providers if doing so is in the best interest of the Commonwealth. 
5. When using COMMBUYS for Forward Capacity Market (FCM) services where the Eligible Entity remits payment, process the engagement as a Release Requisition/Purchase Order (PO) using the catalog item details. The catalog item for the purchase can be located by: PO Number PO-16-1019-DCP08-ENR01-00000006357, Vendor ID: 00010437, or description search: “Forward Capacity Market Services.”  
   

Performance and Payment That Goes Beyond Contract End Date

The extend beyond period is in place to allow performance and payment obligations under a contract to continue after the contract term has ended. This period is primarily used to aid the transition between an expiring contract and its replacement and to ensure the continuity in service delivery.

For extend beyond, the following stipulations are in place:

• Buyers may not enter into a written agreement that will go more than twelve (12) months beyond the maximum end date of the contract. Existing services may be completed and payments made during this period.
• No new agreements, including leases, rentals, or service contracts, may be made after the contract's expiration.
• Agreements established prior to the Master Agreement expiration may allow performance and payment obligations to continue until the maximum Extend Beyond date.
  

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter ENE51 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

Note: CPower is the sole vendor in this contract. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

Vendors on this contract may be required to provide products or services in cases of statewide emergencies. The 801 CMR 21.05(3) defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Dave Lewis) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract ENE51 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Dave Lewis) for guidance. 
• Vendors must notify buyers of product substitutions.

This contract provides enrollment and management services for facilities to maximize participation and earnings in the ISO New England (ISO-NE) Demand Response Program, by using back-up emergency generators and/or load curtailment. Additionally, the vendor provides support services for existing and future assets participating in the Commonwealth's Forward Capacity Market.

Learn More

Explore the Environmentally Preferable Products (EPP) Procurement Program and discover detailed guidance in the EPP Products and Services Guide.

When placing orders with a vendor, MOSAIC users must reference the contract ID number ENE51* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MOSAIC).