Early Termination, Buyout Situations, and Best Practices  

Education Type: 
Live Online
Duration: 
1 Hour
Level: 
Intermediate
Date: 
07-19-2022
Time: 
1:00 PM - 2:00 PM (EST)
FEMP IACET: 
0.2 CEU

Energy savings performance contracts (ESPCs) are long-term contracts, awarded for up to 25 years. During that long period of time something may change that can affect the ESPC project. This training focuses on how to manage change. When change is inevitable, the Federal Acquisition Regulations and U.S. Department of Energy (DOE) regulations anticipate and allow for these changes over the term of the contract. Furthermore, agencies may have negotiated a ceiling in the event of terminations or cancellations as per Task Order Schedule 5. Agencies will review causes of change and related options using examples, agency requirements in accordance with the regulations to remedy the situation, government liability, and best practices.

Instructors

Kurmit Rockwell, PE, CEM, LEED AP, U.S. Department of Energy Federal Energy Management Program  

Kurmit Rockwell serves as ESPC program manager where he oversees services, tools, and resources needed to assist agencies with implementing successful ESPC projects. Over a career spanning 25 years, Kurmit's work included engineering and all aspects of ESPC project implementation for federal, state, and local governments. His work in the public and private sector energy services industry has focused on evaluation and implementation of energy and water cost saving technologies, smart building energy optimization services, renewable energy systems, and demand side management. He holds a bachelor's degree in chemical engineering from Polytechnic Institute of New York University and a master's degree in building systems engineering from the University of Colorado. He is a registered professional engineer in multiple states.

Eusebio M. (Sam) Espinosa, Retired Federal Contracting Officer, Boston Government Services  

Sam is a senior subject matter expert providing contract management services to federal agencies. Sam has more than 40 years of experience in all types of contracting and acquisitions ranging from small purchases, up to multi-billions, including base procurement purchasing supplies and equipment for the Air Force Weapons Laboratory. He served as the administrative contracting officer for the F-16 Program, involving several U.S. and foreign government agencies. He served as procuring/administrative contracting officer for the B-2 Program and administered R&D, full-scale development, and production contract while establishing the Contract Administrative Office. Sam was the senior contracting officer for the Ballistic Missile Office supporting Peacekeeper in Minuteman Silos and Small ICBM. He served as manager and senior contracting officer as well as principle contracting advisor for ESPCs at the U.S. Department of Energy's National Nuclear Security Administration.

Learning Objectives

Upon completion of this course, attendees will be able to:

  • Review early termination and buyout situation examples;
  • Identify strategies for early termination and buyout options;
  • Recognize the options for the government to terminate a fixed-price contract;
  • Identify how to use end of year appropriations and excess funds; and
  • Identify what the government's responsibility is if there is an energy conservation measure(s) shortfall.

Tools/Resources

Federal Agencies and Facility Criteria: