Minimum items to be included in energy performance contracts with the public sector or in the associated tender specifications
— Clear and transparent list of the efficiency measures to be implemented or the efficiency results to be obtained.
— Guaranteed savings to be achieved by implementing the measures of the contract.
— Duration and milestones of the contract, terms and period of notice.
— Clear and transparent list of the obligations of each contracting party.
— Reference date(s) to establish achieved savings.
— Clear and transparent list of steps to be performed to implement a measure or package of measures and, where relevant, associated costs.
— Obligation to fully implement the measures in the contract and documentation of all changes made during the project.
— Regulations specifying the inclusion of equivalent requirements in any subcontracting with third parties.
— Clear and transparent display of financial implications of the project and distribution of the share of both parties in the monetary savings achieved (i.e. remuneration of the service provider).
— Clear and transparent provisions on measurement and verification of the guaranteed savings achieved, quality checks and guarantees.
— Provisions clarifying the procedure to deal with changing framework conditions that affect the content and the outcome of the contract (i.e. changing energy prices, use intensity of an installation).
— Detailed information on the obligations of each of the contracting party and of the penalties for their breach.