Federal On-Site Electricity Contracts

For agencies with authority to procure their own utility services (General Services Administration [GSA], U.S. Department of Energy [DOE], and U.S. Department of Defense [DOD]), an on-site electricity contract enables federal sites to purchase electricity from third-party owned generation located on-site. Other agencies will need to request a delegation of authority to procure utility services from GSA. Third-party sales of electricity are not allowed in all electricity markets, so contact FEMP for additional information.  Because the electricity provider owns, operates, and maintains the on-site generation asset, they may also claim tax incentives, such as the solar investment tax credit and accelerated depreciation benefits, and pass those savings along as a lower electricity price. 
 
The Federal Energy Management Program (FEMP) assists agencies in obtaining on-site and off-site energy contracts. FEMP supports the development, evaluation, and implementation of distributed energy generation to help agencies meet federal goals and requirements. Civilian agencies have limited long-term authority to enter into long-term electricity purchase contracts and may want to explore other alternatives, such as Energy Savings Performance Contract Energy Sales Agreements (ESPC ESAs). For information on additional mechanisms to obtain on-site generation, see Federal On-Site Distributed Energy Procurement Options.

See below for available implementation options.

Contract Options

Below is a comparison table that will help you determine the best implementation option for on-site electricity purchases from a third-party owner.

 FAR Part 12 Commercial Items, in conjunction with FAR Part 1740 USC 501/
FAR Part 41 Acquisition of Utility Services (GSA authority)
10 USC 2922(a) Contracts for energy or fuel for military installations (DOD only)
ApplicabilityMost agenciesGSA, DOE, DODDOD only
Contract Term5 years10 years30 years
Other DetailsElectricity is the commercial item that will be purchasedDelegation from GSA is required, pursuant to FAR Part 41 Section 103DOD energy-related procurement authority

 

Illustration showing the contract structure between the utility, the federal site, and the third-party generator.
An illustrative contract structure.

Benefits

  • On-site electricity contracts allow agencies with authority to procure their own utility services to purchase electricity from third-party owned on-site generation.
     
  • The third-party owner may be able to take advantage of federal and other tax incentives and can sell the renewable energy certificates (RECs) generated by the project to reduce the agency's cost of electricity. However, when making claims about a project involving REC sales, an agency cannot claim to be using power generated on-site.  
     
  • These contracts provide agencies with a known, long-term price for on-site generation.
     
  • Agencies do not assume operations, maintenance, repair, or replacement liability for equipment.
     
  • Agencies assume minimal risk for a project's failure to perform.

Limitations

Most civilian agencies have limited long-term authority to enter into electricity contracts, which can impact economic feasibility.

Explore On-Site Contract Options

To start, an agency should review the process and requirements, applicable legal authorities, and contracting options to determine if this type of contract is right for their site and gather the necessary background information. Third-party on-site sales of electricity are not allowed in all states and utility service territories (the Database of State Incentives for Renewables & Efficiency periodically updates these policies on their website). 

For assistance:

Sample Documents

FEMP provides sample documents from completed federal on-site electricity contracts to assist agencies. See sample documents for federal on-site electricity purchases for examples of requests for proposals (RFPs), site access agreements, interconnection agreements, and additional resources.

Getting Started

The following categories contain questions that can help federal agencies determine if this strategy is right for their site and to gather the necessary background information. The answers to these questions should be collected prior to moving forward with a contract.