§4547.2. Procedures

            A. Notwithstanding any other provision of law to the contrary, a political subdivision shall provide adequate public notice of the request for qualifications for performance-based energy efficiency contracts by advertising in its official journal at least once a week for three different weeks. The first advertisement shall appear at least forty-two days before the last day that proposals will be accepted. In addition, written notice shall be mailed to persons, firms, or corporations who are known to be in a position to furnish such services at least forty-two days before the last day that proposals will be accepted.

            B. Award shall be made to the responsible offerer whose response is determined by the using agency of the governing body of the political subdivision to be the most advantageous, taking into consideration price and the evaluation factors set forth in the request for qualifications.

            C. Written or oral discussions shall be conducted with all responsible offerers who submit responses determined to be reasonably susceptible of being selected for award.

            D. A request for qualifications or other solicitation may be cancelled or all proposals may be rejected if it is determined that such action is taken in the best interest of the political subdivision.

            E. For any systems, including but not limited to facility automation and control systems proposed pursuant to this Chapter, there shall be provided full capabilities to operate, maintain, repair, update, reconfigure, and engineer changes necessary to accommodate facility or operational changes or incorporate new energy savings control strategies. Such shall be available to the using political subdivision or its designee. There is no requirement under this law to provide any political subdivision with access to the operating system of the contractor. However, the user interface software must provide for all capabilities listed in this Section.

            F. Each request for qualifications shall clearly identify any and all responsibility of the political subdivision, if any, under the guarantee for each ECM including but not limited to operating hours, maintenance requirements, and operating protocols.

            G. - H. Repealed by Acts 2025, No. 451, §2.

            Acts 1988, No. 592, §1; Acts 2006, No. 814, §1, eff. July 1, 2006; Acts 2025, No. 451, §§ 1, 2.