Performance Assurance Planning Guide for Utility Energy Service Contracts: 2025 Edition
Administered by the U.S. Department of Energy's (DOE) Federal Energy Management Program (FEMP), the Utility Program has fostered collaboration among federal agencies and their serving utilities for more than 25 years. The Utility Program supports agencies using Utility Energy Service Contracts (UESCs), a well-developed, effective contracting vehicle that enable the latest approaches to cost-effective energy management at federal sites. Federal agencies have successfully used UESCs to award over 2,000 energy and water efficiency and renewable energy projects, investing approximately $\$$2.8 billion in furthering the Federal Government's efforts to reduce energy intensity. Authorized by 42 U.S. Code section 8256 (10 U.S. Code section 2913 for the Department of Defense), a UESC is a limited-source acquisition between a federal agency and an eligible serving utility for energy management services that generate savings from the implementation of energy- and water -conservation measures (collectively referred to as ECMs), with 42 U.S. Code section 8287 (Defense Federal Acquisition Regulation Supplement, Part 241), providing the term of a UESC, which may extend up to 25 years. Through a UESC, the utility partner assesses designs, and implements the desired ECMs - which can range from lighting retrofits and renewable energy systems, to combined heat and power plants or other technologies and strategies, and may provide financing for the project. The agency may use any combination of appropriations and third-party financing to pay for the project, providing useful flexibility. There is no limit to the project size, big or small, that can be implemented using a UESC. To assist agencies implementing a UESC, FEMP has developed a Utility Energy Service Contract Guide and this companion guidance document to help agencies and their utility partners better understand the best practices for to ensure UESCs continue to perform and generate savings throughout their performance period. These best practices utilize a combination of effective project management, communication, documentation, and a detailed Performance Assurance Plan. This plan is a project specific set of actionable protocols that define important tasks and responsibilities throughout the contract term and reflects the site conditions, complexities, agency capabilities, and operating and maintaining planned ECMs.