DOE OSTI2024
Operations and maintenance (O&M) savings frequently occur in energy savings performance contracts (ESPCs). During FY 2022, 37% of reported annual cost savings for projects awarded under the U.S. Department of Energy (DOE) ESPC indefinite delivery indefinite quantity (IDIQ) contracts and in the performance period were due to O&M or other energy- and/or water-related cost savings, with the balance (63%) from utility cost savings (i.e., energy or water cost savings). Sometimes the energy- and water-related cost savings are acknowledged and included in payments within ESPCs; other times, for various reasons, they are not. As presented in this guide, FEMP recommends including energy- and water-related cost savings that are O&M (including related repair and replacement) savings in the financial aspects of an ESPC, to the extent such savings can be documented. Inclusion of these savings will help augment project scopes and/or lower interest costs (by shortening financing terms). However, there is a burden of proof as to what constitutes acceptability in O&M savings that needs to be carefully considered and documented in individual projects. Beyond promoting a key tenet used in U.S. federal performance contracting—that savings must be from actual budgets and therefore based on the level of O&M that is actually occurring, not what should have been performed—FEMP also recommends good practice in establishing and documenting O&M baselines, formulating the rationale for baseline adjustments during the performance period, and conducting ongoing verification activities. This document concludes with five examples of how O&M savings may be handled, in situations ranging from the partial displacement of O&M contracts to consolidation and “virtualization” of servers in data centers. A key theme that permeates this guide is the importance of thoroughly documenting all conditions and assumptions used in the development of and accounting for O&M costs and savings throughout the ESPC life cycle, from baseline-setting to measurement and verification (M&V) of the savings during each year of the performance period. Doing so not only prevents internal claims of non-performance (especially in the case of staff turnover during the contract term), but also simplifies ordering agency and energy service company (ESCO) response in the event of scrutiny from oversight organizations, such as government audits. While this guide focuses on federal ESPCs, it may also be applicable when O&M savings are included in utility energy service contracts (UESCs) and non-federal ESPCs.