Integrating monitoring-based commissioning (MBCx) software tools into performance contracts is a timely topic given recent developments in MBCx software offerings and the growing number of MBCx deployments nationwide. Many commercial building owners have started to install MBCx software tools that tie in advanced metering infrastructure, building automation systems, and local weather data to enable ongoing commissioning and identify energy conservation measures.Greater U.S. market adoption of MBCx software tools presents a unique opportunity to integrate MBCx into energy performance contracts to increase project savings and improve the long-term performance of equipment and building systems. MBCx software tools can be used throughout the entire project life cycle for both energy savings performance contracts and utility energy service contracts, from the preliminary assessment to the investment grade audit and throughout the performance period. Implemented effectively, MBCx can also add significant value through increased savings persistence, ongoing identification of new energy savings measures, and continuous, automated performance monitoring, allowing for more accurate measurement and verification at a potentially lower cost in the performance period. The software tools can benefit both the contractor and the agency in terms of estimating and guaranteeing savings, ensuring onsite personnel operate equipment according to contractual requirements, and identifying additional improvements to increase savings over time for little or no additional cost.For the federal sector, MBCx software tools can be used to help fulfill several new Energy Act of 2020 2 (the "Energy Act") requirements. The Energy Act requires "covered facilities" to be recommissioned or retro-commissioned every four years, unless the facility is "under ongoing commissioning, recommissioning, or retrocommissioning." 3 MBCx automates the ongoing commissioning process, which should meet the requirements of the exemption. In addition, the Energy Act expands energy and water metering requirements and redefines ongoing metering as an "ongoing process of commissioning using monitored data … to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility[.]" 4 An MBCx system that integrates automated metering infrastructure meets this ongoing metering requirement while simultaneously improving the ongoing commissioning process, obviating the need to manually recommission a facility every four years. Finally, the Energy Act requires DOE and GSA to create a "Federal Smart Buildings Program" to implement smart building technology and demonstrate the costs and benefits of smart buildings. 5 While the program details remain to be developed, MBCx is a logical component of a building energy system that is "flexible and automated; has extensive operational monitoring and communication 2