ENE57–Renewable and Alternative Energy Portfolio Standards and Services: This is a Statewide Contract (SWC) for Renewable and Alternative Portfolio Standards and Services. ENE57 is a designated SWC under the Division of Capital Asset Management and Maintenance (DCAMM) and is jointly managed by both DCAMM and the Operational Services Division (OSD). 

This contract contains:

• Environmentally Preferable Products
• Small Business Purchasing Program
• MBE/MWBE/WBE
• Service-Disabled Veteran-Owned Business
• DCAMM Designated SWC Status
• Single Vendor

For this contract, please note the following:

• The Contractor must provide all equipment, devices, data collection, testing, and any additional products or services necessary to qualify customer assets for Renewable Energy Portfolio Standard (RPS) or Alternative Energy Portfolio Standard (APS).
• The contractor is responsible for compiling and submitting all necessary documentation to create and certify environmental certificates, ensuring they are marketable, and maintaining all ongoing certifications as required. 
• If an Eligible Entity requires services above and beyond those described above, the Contractors will be allowed to provide additional consulting services on a Fee-for-Service (FFS) basis related to the markets, assets, and types of energy credits (ECs) traded.
• This contract applies to Eligible Entities that generate their own renewable or alternative energy or are looking to purchase Renewable Energy Certificates (RECs).
• Work on services associated with the Clean Heat Standard is ongoing.

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

For Master Contract Record, see Master Blanket Purchase Order (MBPO) with RFR. 

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

• Improving the 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 derive revenue from Eligible Entities for generating renewable and alternative energy credits.
• No upfront cost: Eligible Entities do not incur any upfront cost for assessing the feasibility of their participation in the program and for marketing of energy credits for Categories 1, 2 (Part 1) and 3.
• Non-routine work: In certain cases, a Fee-for-Service will be applied for complex applications, particularly those under Category 4 requiring extensive engineering analysis or metering. Sites may require non-routine work to become eligible to apply as an approved generator of Energy Certificates. Under this contract, non-routine work costs are not included in the revenue share but may be included as a separate charge based on the contracted hourly rate(s) and materials. Upon approval by the contract administrator and the Eligible Entity, non-routine costs can be paid through program revenue.

This contract includes four (4) mandatory categories and one (1) category for preferred services related to Clean Heat Standards, which are currently under development. The categories are listed as follows:

Category 1: Alternative Energy Portfolio Standard (APS)
Category 2–Part 1: Renewable Energy Portfolio Standard (RPS)/Class 1/Class 2 and Maintenance of Solar Renewable Energy Certificate (SREC) II Resources
Category 2–Part 2: Purchase of Voluntary Energy Credits
Category 3: Clean Peak Energy Standard Credits
Category 4: Repair and Other Support Services–Fee-for-Service
Category 5: Services Related to Clean Heat Standard

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
  

Eligible Entity Classification for This Contract

For this contract, all Eligible Entities are divided into two groups, with contract activity coordinated by different Commonwealth Agencies:

Category 4: Notice to Proceed to DCAMM Coordinated Sites

The following applies only to Category 4 for DCAMM coordinated sites:

• The Contractor shall not begin work on any installation, repair, upgrade, or replacement of equipment without first receiving written authorization, or Notice to Proceed, from the Department for an agreed-upon price.
• Before contractors begin installing new equipment or repairing existing equipment, they must first submit a proposed scope of work and a quote to the Department. Alternatively, the Department may notify the Contractor of an installation or repair task via email and request a proposed scope of work and quote within a specified timeframe. Contractors will respond to such requests within the specified time with a proposed scope of work and quote. 
• Contractor pricing must adhere to the Prevailing Wage Law as administered by the Commissioner of Labor and Workforce Development and Division of Occupational Safety. All quotes must be based on these prevailing wage rates.
• Upon receipt of the Notice to Proceed, the Contractor shall promptly begin and diligently perform the specified work as outlined in the Contract.
• The Contractor is required to adhere to specific security protocols and site access procedures outlined in the Notice to Proceed work to ensure the successful completion of the approved work.
• The Contractor shall ensure all equipment, and any installation, repair, or replacement thereof performed under this Contract, complies with all applicable laws. This includes securing and paying for all required permits, approvals, and licenses in advance.

Category 4: Notice to Proceed to Non-DCAMM Coordinated Sites

Non-DCAMM coordinated sites should follow their internal business process to receive written authorization, if needed. Non-DCAMM Coordinated Sites include the following:

• Independent public authorities
• Commissions and quasi-public agencies
• Public institutions of higher education
• Municipal government entities
• All other entities outside of the DCAMM Coordinated group

The various pricing options are outlined as follows:

• Vendor Price File: Published on COMMBUYS under the vendor’s individual PO-24-1080-OSD03-SRC3-32336. You must have a COMMBUYS account to vendor price files under the Attachments section.
• Fixed Pricing: Pricing is fixed but further negotiations can be made. This option applies only to Category 4.
• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and can be subject to further negotiation. Category 4 only.
• Compensation Structure: Compensation from this program will be based on a percentage split of revenue from the sales of renewable and alternative energy credits. Categories 1,2, and 3

Product pricing may be found on the vendor information page, where links to all the vendors’ MBPOs are provided.

Please note the following guidelines:

• All orders should reference ENE57 to ensure buyers get statewide contract pricing.
• The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers can access the price files and vendor catalogs without needing to sign into a COMMBUYS account.
• Product pricing may be found on the vendor information page, where links to all the vendors’ MBPOs are provided.

Product and Service Pricing 

Product pricing may be found in the following tables or by accessing the contract documents on COMMBUYS. See the vendor information page for details.

Rate Table

*If the portfolio volume is greater than 50,000 in volume per year (Class 1 & 2), then % revenue to program participant increases to 95%. Class 1 and 2 includes but are not limited to solar photovoltaic, solar thermal electric, wind energy, small hydropower, landfill methane and anaerobic digester gas, marine or hydrokinetic energy, and geothermal energy.

Category 4: Hourly Rates

Category 4: Statement of Qualifications Application (SQA) Related Services, Register New RPS Assets

Asset Conversion

Category 4: APS Registration

Category 4: Clean Peak Registration

Contract users should always reference ENE57 when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.  

Quotes Including Construction Services

Please note specific requirements that apply for quoting construction services, depending upon the scope of your bid. For more information, see Guidance for Engaging the Contractor. 

Quotes, not including construction services, should be awarded based on best value.  The following purchase options are the only acceptable options that may be used in this contract: 

• Category 1, Category 2 (Part 1), and Category 3: This contract is not associated with any spending on the part of the Eligible Entity. The Contractor's payment is tied to a percentage of the sales of Renewable Energy Credit Certificates (RECs), Alternative Energy Credit Certificates (AECs), and Clean Peak Energy Credit Certificates (CPECs) generated by your facility.
• Category 2 (Part 2) and Category 4: Purchases made through this contract will be direct, outright purchases.

This contract has multiple ways of purchasing:

• Quote Solicitation: Buyers can solicit quotes from the vendor (see the Vendor MBPO Listing), award vendor, and place orders through COMMBUYS. 
  See the How to Request Quotes from Vendors on Statewide Contracts job aid for more details.
• Direct Purchase of Non-Fixed Price Item ($0 Line Item) on Vendor’s MBPO: Applicable to products and services that may require customized quoting. See the Vendor MBPO Listing for a list of eligible vendors. The Buyer can create a Release Requisition in COMMBUYS, submit the requisition for approval in COMMBUYS, and then send the vendor a Release Purchase Order.
  
  See the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details.

Contract users are advised to consult the contact manager listed in the Eligible Entity Classification for This Contract for guidance on engaging the contractor. In addition, Eligible Entities are required to:

• Grant the Contractor full access to all necessary areas of its facilities and provide all available utility information as needed.
• Support Division of Capital Asset Management and Maintenance (DCAMM) and the Contractor in a one-time effort to prepare and submit Department of Energy Resources (DOER) information for the Statement of Qualifications Application (SQA) relevant to Renewable Energy Portfolio Standard (RPS), Alternative Energy Portfolio Standard (APS), and Clean Peak Energy Certificates (CPECs) compliance. Information will include:
  • Appropriate electrical drawings
  • Equipment specifications
  • Metering specifications (including Division of Apprentice Standards [DAS] provider information)
  • Utility interconnection authorization
  • Other information as required
• The Municipal or Governmental Entity may utilize the Contractor for SQA services, with the understanding that an additional fee will be charged for this service.
• Ensure the vendor receives and always has access to an up-to-date list of essential personnel, including their names and contact information.
• Provide the contract administrators with at least one contact for resolution of operating issues (such as data acquisition issues) and monetary transactions (such as payment confirmation or setting up EFT).
• For organizations using COMMBUYS:
  • Categories 1, 2, and 3: Sales transactions do not require any action within the COMMBUYS system.
  • Category 4: Create a new release requisition and once approved, send the Purchase Order (PO) to the Contractor. The catalog item for the purchase can be located by the Master Blanket Purchase Order PO-24-1080-OSD03-SRC3-32336, Vendor ID: 00028772.
    

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 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.
  

• The buyer will have to negotiate a new contract based on agency guidelines and policies.
• Energy credit sales under this contract shall be consistent with the production period (when the credits were generated) and the associated Contract period.
• In cases where the previous quarter's Renewable Energy Credit Certificates (RECs) trading period overlaps with the new contract period, the incumbent vendor maintains control of the relevant assets and data in their New England Power Pool (NEPOOL) account until the RECs are officially issued and transacted. Revenue shall be transferred to the Eligible Entity per the terms of the Agreement.
• Under the new contract:
  • The new vendor(s) shall control data and production starting April 1, 2024 (the initial calendar quarter).
  • The same terms will apply to the assignment of any new contract (and assets) following this RFR.
  • RECs sold forward cannot extend beyond the total maximum contract duration.
    

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 ENE57 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. 

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.

This contract covers construction, reconstruction, alteration, installation, demolition, maintenance, and repair work, including associated materials. The Eligible Entity is responsible for consulting with legal counsel to determine if installation work is qualified as construction under G.L. c. 149 or G.L. c.30, § 39M.

Please see the following construction and construction-related labor requirements:

• Purchasing entities are responsible for compliance with applicable construction law requirements. Information concerning specific G.L. c. 149 and c. 30 construction requirements may be found in the Office of the Inspector General’s Public Procurement Charts at: https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals.
• It is the responsibility of the Eligible Entity to determine whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30, §39M. Chapter 30B Procurement Assistance from the Office of the Inspector General is available at https://www.mass.gov/how-to/get-public-procurement-assistance-from-our-chapter-30b-team. Access the 30B Hotline at 617-722-8838 or OIGProcurementSupport@mass.gov.
• For further information about the public construction bidding laws, please contact the Attorney General’s Office Bid Unit by email at AGOBidUnit@mass.gov. Visit the Attorney General’s Public Construction web page to learn more about Public Bidding Laws. Note: Operational Services Division (OSD) does not provide legal guidance on construction law.

Construction Threshold

Construction services are limited to $50,000 or less per engagement (job/project). The total cost of all maintenance and service agreements, including those spanning multiple years, shall not exceed $50,000 over the life of the contract.

The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers and employees. The buyer has a legal obligation to request a prevailing wage schedule from the Department of Labor Standards (DLS). To get the proper rates for your region/job, you must request a determination. Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website or by calling the DLS Prevailing Wage Program at 617-626-6953.

If prevailing wage is required, make sure to include this information in your quotes or bids so vendors know to include prevailing wage.

In addition, all contracts by a state agency or state-assisted contracts for design, construction, reconstruction, installation, demolition, maintenance, or repair must contain Workforce Participation Goals for minorities and women. This is required by G.L. c. 149, § 44A(2)(G). A “state-assisted contract” is a construction project undertaken by a political subdivision of the Commonwealth or two or more subdivisions thereof for planning, acquisition, design, construction, demolition, installation, repair, or maintenance whose costs are paid for, reimbursed, grant funded, or otherwise supported, in whole or in part, by the Commonwealth. An affected awarding authority’s bid documents must include a reference to the specific goals that will be contained in the contract. The contract must also include the processes and procedures to ensure compliance with the Workforce Participation Goals, including reporting and enforcement provisions. For questions about the Workforce Participation Goals law, please email the Attorney General’s Office Bid Unit. 

The Office of the Attorney General’s Fair Labor Division is responsible for enforcing the prevailing wage laws. Review Prevailing Wage Enforcement for more information.

Buyers should always refer to a vendor’s Bidder Response Form (located in their COMMBUYS file) for their mark-up over prevailing wage and materials as well as a vendor’s charge for emergency services, holidays, and non-business hours.

Labor Hours

Business Hours (excluding holidays) are defined as Monday through Friday 7:00 a.m. to 5:00 p.m. Non-Business Hours are defined as periods outside of Business Hours.

Note: Many state facilities operate continuously (24/7).

Apprentice Labor Rates

Bidders may only include apprentice labor rates if they are participating in the Commonwealth's Approved Apprentice Program and can provide the required documentation. Refer to Information for apprentices to learn more.

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.

For returns, please follow these guidelines:

• All products must have a return policy. 
• Contractors may not charge a restocking fee on returns unless this is clearly made apparent to and agreed upon in writing prior to entering into an agreement with the Eligible Entity.
• All products delivered to ordering facilities will be new and in unopened cases or boxes, or in a condition acceptable to the user/purchaser. 
• Prior to issuing an order, Contractors must inform the Eligible Entity what their return policies are in writing. 
• Contractor(s) are responsible for disposal and related costs of all unneeded equipment with a preference for reuse or recycling.
  

For repairs and services warranties, please refer to these guidelines:

• Length of Warranty: For one year from the date of acceptance, the vendor guarantees that all equipment supplied and installed will be new, defect-free in materials and workmanship, legally compliant, properly installed, and operate as intended.
• Warranty Process and Coverage: 
  • The vendor shall assign and deliver to the Department all manufacturer's warranties, including the written warranties, relating to the newly installed equipment.
  • The vendor may pursue warranty rights against manufacturers of the new equipment for equipment malfunctions or defects, workmanship, and performance.
  • The vendor shall promptly notify the Department in writing of any defects in new equipment parts or performance, giving rise to rights and remedies that the vendor then exercises.
  • If the vendor fails to exercise its warranty rights for the new equipment or its performance, the vendor shall bear sole responsibility for any resulting damage or loss, including damage to Department property and equipment.
  • All warranties shall be transferable and extended to the Commonwealth. The warranties shall specify that only new, not reconditioned parts, may be used and installed when the equipment or component requires repair due to a malfunction.
• Maintenance/Post-Warranty Support: Following the one-year warranty period, the vendor shall have no further responsibility for maintenance, repairs, or manufacturer warranty claims related to the new equipment, unless such obligations are expressly detailed in the approved scope of work for the installation.
• Replacement parts: The vendor is responsible for ensuring all equipment and related work (installation, repair, replacement) complies with applicable laws, including obtaining and paying for all necessary permits, approvals, and licenses.
  

A Volume Discount is provided to the buyer if a certain volume of product or service is purchased.

Note: Vendor discounts are detailed in the Vendor List table and the price files within each vendor's Master Blanket Purchase Order (MBPO) or Master Contract Record MBPO.

The vendor must have a dedicated account management team assigned to the ENE57 contract. The dedicated team must include the following: 

• Primary Account Manager
• Reporting Contact
• Administration Fee Contact
• Customer Contact
• Emergency Contact
  

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.
  

• Vendors are expected to respond to all quote requests from Buyers with a response of “No Bid” or a firm quote.
• Vendors with a high percentage of non-responses, or “No Bid” responses for awarded regions or awarded categories, may be subject to contract suspension or termination.
  

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

• Buyers should inform vendors to reference Statewide Contract ENE57 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.

To add a product or service to the list of eligible products or services sold under this contract, buyers must contact their Category Manager(s) (Dave Lewis) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

This contract is considered an all-EPP contract, meaning that all products and services delivered under it are designed to support climate and environmental offerings and solutions, specifically in the area of renewable and alternative energy.  

The Renewable Energy Portfolio (RPS) and Alternative Energy Standards (AES) were some of the first programs in the nation to require a certain percentage of the state's electricity to come from renewable and alternative energy sources. Every retail electricity provider in Massachusetts is required to sell a minimum percentage of their kilowatt-hour (kWh) sales to customers sourced from qualified renewable and alternative energy sources. Contract users generating energy by such sources and receiving revenue through RECs or AECs may use this contract to provide equipment, devices, data collection, testing, and any additional products and services necessary to qualify Customer Assets for RPS and APS. 

In addition, any equipment provided by this contract must meet the Massachusetts Appliance Energy and Water Efficiency Standards (AES).  The AES is a state regulation that sets minimum energy and water efficiency requirements for various appliances sold or installed in the Commonwealth. These standards aim to reduce energy consumption, lower utility bills, and support climate goals by ensuring only efficient products are available in the 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 ENE57* 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).