Section 1646.3 - Contracting procedures(a) General rule.--Notwithstanding any other contrary or inconsistent provision of law, a governmental unit may enter into a guaranteed energy savings contract with a qualified provider in accordance with the provisions of this act or in accordance with another statutorily authorized competitive process.(b) Guaranteed contract.--If in accordance with applicable law the award of a contract by a governmental unit requires action at a public meeting, a governmental unit may award a guaranteed energy savings contract at a public meeting if it has provided public notice in the manner prescribed by the act of July 3, 1986 (P.L. 388, No. 84) , known as the Sunshine Act, the notice including the names of the parties to the contract and the purpose of the contract. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit may award a guaranteed energy savings contract in accordance with the protocol for action on contracts adopted by the governmental unit and the requirements of this act.(c) Request for proposals.--Before entering into a guaranteed energy savings contract under this section, a governmental unit shall issue a request for proposals. The governmental unit shall evaluate any proposal that meets the requirements of the governmental unit and is timely submitted by a qualified provider. The RFP shall be announced through a public notice from the governmental unit which will administer the program. The request for proposal shall include all of the following:(1) The name and address of the governmental unit.(2) The name, address, title and phone number of a contact person.(3) Notice indicating that the governmental unit is requesting qualified providers to propose energy conservation measures through a guaranteed energy savings contract.(4) The date, time and place where proposals must be received.(5) The information to be included in the proposal.(6) Any other stipulations and clarifications the governmental unit may require.(d) Selection and notice.--The governmental unit shall select the qualified provider that best meets the needs of the governmental unit in accordance with criteria established by the governmental unit. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit shall provide public notice of the award of the guaranteed energy savings contract within 30 days in the Pennsylvania Bulletin. The notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are required to take actions on contracts at public meetings, the public notice shall be made at least ten days prior to the meeting. After reviewing the proposals pursuant to subsection (e), a governmental unit may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures recommended in the proposal would not exceed the amount to be saved in both energy and operational costs within a ten-year period from the date of installation, if the recommendations in the proposal were followed and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the cost of the contract.(e) Report.--(1) Before the award of a guaranteed energy savings contract, the qualified provider shall provide a report as part of its proposal which shall be available for public inspection summarizing estimates of all costs of installation, maintenance, repairs and debt service, and estimates of the amounts by which energy or operating costs will be reduced.(2) The report shall contain a listing of contractors and subcontractors to be used by the qualified provider with respect to the energy conservation measures.(f) Bond.-- A qualified provider to whom a contract is awarded shall give a sufficient bond to the governmental unit for its faithful performance in accordance with the act of December 20, 1967 (P.L. 869, No. 385), known as the Public Works Contractors' Bond Law of 1967.(g) Award of contract.--Notwithstanding any other provision of law governing the letting of public contracts, a governmental unit may enter into a single guaranteed energy savings contract with each responsible provider selected through the request for proposals process in accordance with the provisions of this act.1996, May 10, P.L. 153, No. 29, § 3, imd. effective.