41 USC 253 requires equal and intelligent competition “at the Prime Contract Level”.
When Congress enacted CICA, it did not make it applicable to subcontracting. In doing so, Congress intended to provide prime contractors and subcontractors more flexibility in selecting their suppliers.
Don’t forget FAR 52.244-5 (Competition in Subcontracting).
For the purpose of implementing any energy performance plan, the Secretary shall provide that the selection of energy conservation measures, including energy efficient maintenance or water efficient maintenance, under such plan shall be limited to those with a positive net present value over a period of 10 years or less.
42 USC 8287
Each such contract may, notwithstanding any other provision of law, be for a period not to exceed 25 years.
Utility has developed a long term relationship with its financier. Financial arrangement may not include ESPC methods and requirements. Utility will be responsible for obtaining the third party financing.
ESCO has developed a long term relationship with its financier. Financial service is familiar with the conditions of an ESPC project.