Section 212 - Performance-based efficiency contracts - Alternative to bidding process for certain contractsA. For purposes of this section:1. "Performance-based efficiency contract" means a contract for the design, development, financing, installation, construction and service of any improvement, repair, alteration or betterment of any public building or facility; or any equipment, fixture or furnishing to be added to or used in any such building or facility; or any maintenance or operational strategy that is designed and implemented that will reduce utility consumption or lower operating costs, and may include, but is not limited to, one or more of the following: b. heating, ventilating or air conditioning system modifications or replacements and automated control systems,c. replacement or modifications of lighting fixtures,d. indoor air quality improvements to increase air quality that conform to the applicable state or local building code requirements when done in conjunction with other cost-saving measures,e. any additional building infrastructure improvement, cost saving, life safety or any other improvement that provides long-term operating cost reductions and is in compliance with state and local codes, or f. any facility operation and support programs that reduce operating cost; and2. "Qualified provider" means a person or business experienced or trained in the design, analysis, construction and/or installation of energy conservation and facility management measures. A qualified provider must employ a professional engineer registered in the State of Oklahoma.B. In addition to any other legally permissible alternatives of entering into contracts, the Office of Management and Enterprise Services may enter into performance-based efficiency contracts on behalf of all state agencies with a qualified provider pursuant to the provisions of this section. A qualified provider to whom the contract is awarded shall be required to provide to the Office a sufficient bond for its faithful performance of the contract. In addition, the Office may require performance bonds covering the annual amount of guaranteed savings over the contract term. State agencies may enter into an installment contract, lease purchase agreement or other contractual obligation for the purpose of financing performance-based efficiency projects for a term not to exceed the greater of twenty (20) years or the useful life of the project.
The qualified provider must guarantee the contract's cost savings each year during the term of the agreement. In calculating cost savings, the public entity may consider capital cost avoidance and include additional revenue that is directly attributed to the performance-based efficiency contract. The savings must be sufficient to offset the annual costs of the contract. The contract shall provide for reimbursement to the state agency undertaking the project annually for any shortfall of guaranteed savings. Savings must be measured, verified and documented each year of the term and may be utilized to meet the annual debt service.
The contracts authorized by this section shall include procedures for modifying the contract should the Office determine it necessary.
This section shall constitute the sole authority necessary to enter into performance-based efficiency contracts, without regard to compliance with other laws which may specify additional procedural requirements for execution of contracts.
Okla. Stat. tit. 61, § 212
Amended by Laws 2022 , c. 238, s. 37, eff. 11/1/2022.Amended by Laws 2021 , c. 128, s. 1, eff. 11/1/2021.Added by Laws 2006 , SB 558, c. 271, § 32, emerg. eff. 7/1/2006; Amended by Laws 2012 , HB 3079, c. 304, § 330.