Economic Development

For the purpose of this program, the "socially and economically disadvantaged" shall have the meaning ascribed to such term under the Small Business Act ( 15 U.S.C., Section 637 [a] and shall include woman. Businesses qualifying as minority or women owned must sign a notarized af…

Contract loans may be used for cost associated with a construction project or construction related contract being used as collateral for each loan. A properly notarized "letter to redirect funds" may be substituted in lieu of a contract with certain governmental agencies. Such le…

Capital Access Contract Loans are not available under the following circumstances: A. To pay off existing debt for consolidation purposes; B. If the direct or indirect purpose or result would be to pay off creditors of applicants who are inadequately secured or in a position to s…

An eligible Financial Institution is any commercial bank, savings bank, or association domiciled or qualified to do business in the State and other types of financial institutions, including but not limited to Small Business Investment Corporations, (Hereafter referred to as "Fin…

Businesses, which are eligible to participate in the Capital Access Program, must fall into one of the following categories: A. A Small Business, which is defined as any independently owned and operated for-profit, commercial enterprise domiciled in the State with less than 50 fu…

If the Small Business is a sole proprietorship, the owner must be a resident citizen of the State of Mississippi and if the business is a corporation or partnership, at least 51 % of the owners must be resident citizens of Mississippi. Notes 6 Miss. Code. R. 2-4.7 Miss. Code Ann.…

The small business must be credit-worthy and demonstrate the ability to repay the loan, the ability to successfully fulfill the contract being used as collateral, must be in compliance with all state and federal regulatory agencies, and must not be in default on any previous debt…

Small Businesses that are not eligible for assistance under this program are: A. Charitable institution or nonprofit enterprise; or B. Newspaper, magazine, radio, television broadcasting company, or similar enterprise through which editorial opinions are expressed; or C. Business…

The Mississippi Energy Investment Program ("Energy Investment Program"), administered by the Mississippi Development Authority ("MDA") is designed for making loans to qualified borrowers (the "Borrower") to promote development and demonstration of efficient, environmentally accep…

These guidelines may be amended by MDA at anytime. MDA, in its discretion, may temporarily waive any requirement of the guidelines to the extent that the result of such waiver is to promote the public purpose of the Act and is not prohibited by State Law. Notes 6 Miss. Code. R. 3…

Program inquiries and applications should be directed to the following mailing address: A. Mississippi Development Authority Mississippi Energy Investment Program Energy and Natural Resources Division Post Office Box 849 Jackson, Mississippi 39205-0849 Telephone: (601) 359-6000 F…

In order to obtain assistance under the Energy Investment Program, the applicant must be declared financially sound and capable of repaying the loan and must meet one of the following criteria: A. Corporation; B. Partnership; C. Hospital (Public and private "non-profit"); D. Inst…

Eligible projects include retrofits and energy design process developments. The improvement must promote the development and demonstration of efficient, environmentally acceptable and commercially feasible technology and processes, and must also utilize Mississippi's existing ene…

The maximum amount, which may be loaned from the Energy Investment Program to finance any one (1) project, Five Hundred Thousand Dollars ($500,000). The fixed rate of interest which shall be set at the time the application is approved, will be two percent (2.0%) below the New Yor…

Eachloan will be secured by a lien of such type that provides adequate security for MDA to recover its investment in case of default on the loan. Liens may be in the form of personal guarantees, liens on the equipment, measures installed or security interest in other assets or a …

The application to be submitted by a Borrower must include: A. The purpose of the proposed loan including a list of eligible items and the cost of each; B. The estimated cost of the total project with a detailed breakdown of all public and private sources of funding; C. The time …

Based upon the terms and conditions established by MDA, MDA will prepare all security and loan documents, including but not limited to, the Loan Agreement and Promissory Note, (collectively "Loan Documents"). Prior to disbursement of any funds, all Loan Documents must be fully ex…

The MDA will release loan funds on a reimbursement or services rendered basis for approved eligible costs of the project as incurred. The Borrower shall certify to MDA that the expenses were incurred and were in accordance with the project as approved by MDA. Funds will be releas…

Loans made under the Energy Investment Program are subject to audit by the State Department of Audit. Notes 6 Miss. Code. R. 3-1.9 Miss. Code Ann. § 57-39-43 (Rev. 2008)

Mississippi Development Authority (MDA) promulgates the following policy and procedures in accordance with Section 31-7-14 of the Mississippi Code of 1972, as amended, to provide for the approval of "energy saving performance contracts" (ESPC) and "shared savings contracts" betwe…

A "shared savings contract" differs from an "energy saving performance contract" in that the ESCO and the entity each receive a pre-agreed percentage or dollar value of the energy cost savings over the life of the contract, rather than the contractor receiving a fee. Notes 6 Miss…

(A) The terms of any performance contract or shared savings contract for efficiency services and equipment entered into under this section shall not exceed 20 years. (B) All contracts must contain the following annual allocation dependency clause: The continuation of this contrac…

(A) "Eligible Energy Conservation Measures (ECMs)" are energy systems or equipment listed below: (i) heating, ventilation, and air conditioning systems; (ii) lighting; (iii)windows; (iv) insulation; (v) energy management controls; (vi) life safety measures that provide long-term …

(A) Any entity desiring to enter into a contract for energy efficiency equipment, services relating to the installation, operation or maintenance of equipment, or improvements reasonably required to existing or new equipment and existing or new improvements and facilities on a sh…

MDA-Energy and Natural Resources Division (MDA-ENRD)'s role in evaluating "energy saving performance contracts" and "shared savings contracts" under Section 31-7-14(4) (b) is to ensure that entities can rely upon projected and guaranteed energy savings and related cost savings. C…

Contracts authorized in Section 31-7-14(4) (b) differ from "energy services contracts" authorized in Section 31-7-14(1) (b) that do not require MDA-ENRD involvement and do not require energy or cost savings to be guaranteed. Projects where there are minimal scientifically quantif…

MDA-ENRD will construe proposed contracts submitted pursuant to 31-7-14(6) so that economic benefits to the entity may be maximized. Notes 6 Miss. Code. R. 3-4.4 Miss. Code Ann. § 31-7-14 (Supp. 2015). Adopted 6/5/2016

Any state agency or local governing authority (entity), as defined in Section 31-7-1 subparagraphs (a) and (b) respectively of the Mississippi Code of 1972, as amended, may contract on a shared savings or energy saving performance contract basis for: (i) energy efficiency equipme…

Section 31-7-14 does not prohibit an entity from entering into a companion "energy services contract" at the same time it enters into an "energy savings performance contract" or "shared savings contract." Any such dual-purpose contract must clearly state its dual nature under the…

An "energy saving performance contract" or "shared savings contract" means an agreement to provide energy services which include, but are not limited to, the design, installation, financing and maintenance or management of the energy systems or equipment in order to improve its e…

The total "energy saving performance contract" or "shared savings contract" may not have a payback period longer than 20 years. Individual Energy Conservation Measures (ECMs) may have payback periods longer than 20 years; however, the combined payback for the ESPC must be less th…

The energy savings plus related cost savings are guaranteed by the ESCO and must be used to repay the cost of the project. The guaranteed savings must be more than sufficient to pay the total costs of the project over the guarantee period. The terms of any shared savings or energ…

The Mississippi Development Authority (MDA) is tasked with adopting energy code standards for buildings, except low-rise residential buildings, in accordance with Standard 90.1-2016 of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), for bui…

Written inquires and responses will be available on MDA's website. Notes 6 Miss. Code. R. 3-5.10 Miss. Code Ann. § 31-7-14 (Supp. 2017). Adopted 4/15/2018

A Selection Committee will review and score proposals and make recommendations to the Energy and Natural Resources Division. The past energy project experience of individual ESP team members will be considered and given credit as appropriate. ESPs that are selected for pre-qualif…

The pre-qualified agreement will be for a two (2) year period, subject to satisfactory annual performance reviews. ENRD will monitor and review ESP performance for compliance with the Pre-Qualified List Agreement. There is no right or expectation of renewal and any renewal will b…

A public entity that engages in the MEESP will use a secondary selection process to select an ESP to implement an ESC, GESPC or SSC in the public entity's facilities, pursuant to MS Code 31-7-14. This pre-qualification process does not serve as an endorsement of any energy servic…

eProject Builder ("ePB") is a web-based tool managed on behalf of the U. S. Department of Energy (DOE) by The University of California/Lawrence Berkeley National Laboratory (LBNL). ePB enables ESCO and their customer or other entities to: A. upload and track project-level informa…

The MDA reserves the right to reject any and all applications received from ESPs as a result of this request. Notes 6 Miss. Code. R. 3-5.15 Miss. Code Ann. § 31-7-14 (Supp. 2017). Adopted 4/15/2018

The ENRD's approval of an ESP's application via written notification shall establish the official "Qualified" status of the ESP as eligible to compete to perform the required services requested by the State's public entities. It shall also constitute a commitment by which the ESP…

The State of Mississippi is not liable for any cost or expenses incurred by the ESPs in the preparation of their responses to this RFQ. Notes 6 Miss. Code. R. 3-5.17 Miss. Code Ann. § 31-7-14 (Supp. 2017). Adopted 4/15/2018

Each ESP who is successfully qualified and selected as a contractor under an RFP will be considered a prime contractor. Each ESP selected to contract with the State's public entities will be required to assume full responsibility for delivery of all services for each facility as …

The ESP must maintain a valid State of Mississippi Commercial Contractor's License with any special class that covers the work they will be performing. The relevant Commercial Contractor's Special Classes are, but not limited to: A. Energy Conservation, B. Energy Control Equipmen…

MDA hereby adopts by reference ASHRAE Standard 90.1-2016. A copy of the incorporated Standard 90.1-2016 is available on ASHRAE's website, www.ashrae.org. Contact Information: Mississippi Development Authority Attn: Energy and Natural Resources Division P.O. Box 849 Jackson, MS 39…

The approved applications are not confidential. Material submitted becomes the property of the State of Mississippi. Notes 6 Miss. Code. R. 3-5.20 Miss. Code Ann. § 31-7-14 (Supp. 2017). Adopted 4/15/2018

If it becomes necessary to revise any part of this RFQ, addenda will be provided to all ESPs who received the original RFQ, through the MDA Procurement Office. Notes 6 Miss. Code. R. 3-5.21 Miss. Code Ann. § 31-7-14 (Supp. 2017). Adopted 4/15/2018

ESPs whose applications are not approved, will be notified and will be given an opportunity to be debriefed. The purpose of the debriefing is not to compare ESPs' applications, but to provide information that may assist the individual ESP in preparing any future applications and …