(a) Method of procurement. Energy performance contracting shall be conducted using one of the following methods of procurement:
(1) Competitive proposals (see 2 CFR 200.320(d)). In identifying the evaluation factors and their relative importance, as required by § 2 CFR 200.320(d) of this title, the solicitation shall state that technical factors are significantly more important than price (of the energy audit); or
(2) If the services are available only from a single source, noncompetitive proposals (see 2 CFR 200.320(f)).
(b) HUD Review. Solicitations for energy performance contracting shall be submitted to the HUD Field Office for review and approval prior to issuance. Energy performance contracts shall be submitted to the HUD Field Office for review and approval before award.
[61 FR 7969, Feb. 29, 1996, as amended at 80 FR 75943, Dec. 7, 2015]