Managing Your Risk in Performance Contracts

This 2020 Energy Exchange Extra session includes a discussion about strategies for managing key risks related to legal, contracting, project development, and performance issues in performance contracts. The roundtable features multiple perspectives from federal agencies, including contracting officers, legal counsel and energy management leadership. Attendees gain insight into how risk allocation decisions are made during the development phase that will impact the life of the project. This session includes a discussion of hot topics, best practices, and lessons learned in performance contracting and third-party financing.

Instructors

Margaret Simmons, Counsel, U.S. Army Corps of Engineers

Brandon Cogswell, Senior Counsel, Defense Logistics Agency – Energy

Dan Nocher, Energy Manager, U.S. Air Force

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

Learning Objectives

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

• Legal and contractual challenges involved in various contract mechanisms;
• The importance of clarity in risk allocation during project development;
• The value and impacts of long-term operations and maintenance and measurement and verification requirements;
• Cutting-edge issues in energy savings performance contracts and utility energy service contracts; and
• Challenges with developing and valuing resilient energy projects.