ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 18, 2010 No. 636

About requirements to conditions of the power service agreement (contract) and about features of determination of the starting (maximum) price of the power service agreement (contract) (lot price)

According to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

Establish:

Requirements to conditions of the power service agreement (contract) according to the appendix N 1;

Features of determination of the starting (maximum) price of the power service agreement (contract) (lot price) according to the appendix N 2.

Appendix No. 1

to the Order of the Government of the Russian Federation of August 18, 2010 No. 636

Requirements to conditions of the power service contract

1. Availability of the list of the actions directed to energy saving and increase in energy efficiency which the contractor of the power service agreement (contract) shall execute (further respectively - the contract, the contractor, the list of actions) with the detailed technical description on each action and terms of their accomplishment created by the customer conducting procurement according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further - the customer), included in the tender documentation, the auction documentation, documentation on public electronic auction or in the notice on carrying out request for quotation.

In case of impossibility of forming of the list of actions by the customer inclusion in the contract of the list of actions created in the request of the procurement participant with whom the contract is signed.

The list of actions can be created on the basis:

the energy passport constituted by results of obligatory energy inspection and included by the customer in the tender documentation, the auction documentation, documentation on public electronic auction, the notice on carrying out request for quotation;

actions of data on object, urgent for date of forming of the list (in case of absence at the customer of the energy passport or change of information on object (objects) since its creation). For forming of the list of actions information on quantity of objects (buildings), year of construction, type of the protecting designs, year of capital repairs, technical characteristics of the equipment consuming energy resource, availability of metering devices of the used energy resource, on amount of consumption of energy resource for previous periods specified by the customer in the tender documentation, the auction documentation, documentation on public electronic auction, the notice on carrying out request for quotation and the additional information collected by procurement participants on object (objects) independently can be used.

Providing potential participants of purchases with the customer of open entry to objects concerning whom implementation by the contractor of the actions directed to energy saving and increase in energy efficiency is supposed.

2. Lack of compensation to participants of purchases of the costs incurred by them when carrying out preparatory work for preparation of the competitive offer, the offer on auction, public electronic auction or reply to the request of quotations.

3. Determination of the amount of economy of energy resource which shall be provided with the contractor as a result of execution of the contract in kind proceeding from the amount of economy in terms of money which developed as a result of determination of the contractor of the state (municipal) order on power service by carrying out tender, request for quotation, auction (including public electronic auction), on the conditions provided for purchases by part 3 of article 108 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", and cost of unit of energy resource operating for date of publication and (or) placement of the notice on holding open tender or open auction, request for quotation, the direction of the invitation to take part in closed competition or auction (further - the announcement of carrying out selection).

Cost determination of unit of energy resource when implementing calculations for delivery (purchase and sale, transfer) of energy resource at several prices (rates) as the weighted average price (rate) equal to the relation of the amount of works of the scopes of supply (purchase and sale, transfer) energy resource consumed by the customer during at least 6 calendar months preceding date of the announcement of carrying out selection on which calculations of energy resource, and the prices (rates) at which calculations for the corresponding amounts of energy resource, to total scope of supply (purchase and sale, transfer) energy resource were perfromed were perfromed.

4. Instruction of the amount of economy of energy resource in kind which shall be provided with the contractor as a result of execution of the contract during the term of its action taking into account change of the factors influencing amount of consumption of energy resources, and also shares of the amount of economy in kind which shall be provided with the contractor for certain period (further - shares of the amount of economy).

Instruction determined according to the procedure, stipulated in Item 3 these requirements, the amount of savings of energy resources (share of the amount of economy) in value term which the contractor shall reach if as a result of execution of the contract by this contractor economy of total expenses on payment of energy resources due to complete or partial transition from consumption of one energy resource to another be provided.

5. Availability of the provision providing that the obligation of the contractor under the contract on ensuring economy of expenses of the customer for deliveries of energy resources is considered fulfilled if the amount of economy (share of the amount of economy) reached as a result of execution of the contract is in kind equal to the amount of economy (share of the amount of economy) of energy resource specified in the contract or is more than such size or if the amount of economy (share of the amount of economy) reached as a result of execution of the contract is equal in value term to the amount of economy (share of the amount of economy) of energy resources specified in the contract or it is more than such size if as a result of execution of the contract by this contractor economy of total expenses on payment of energy resources due to complete or partial transition from consumption of one energy resource to another be provided.

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