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)

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

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.

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.

Determination of the amount of economy (share of the amount of economy) in kind reached as a result of execution of the contract as differences between amount of consumption by the customer of energy resource for the period, equal to the calendar period of achievement the provided contract of the amount of economy (share of the amount of economy) determined prior to implementation of the list of actions and in amount of consumption by the customer of energy resource determined after implementation of the list of actions by the contractor taking into account change of the factors exerting impact on amount of consumption of energy resources.

Determination of the amount of savings (share of the amount of economy) of energy resources in value term reached as a result of execution of the contract as differences between amount of consumption by the customer of energy resources in value term for the period, equal to the calendar period of achievement the provided contract of the amount of economy (share of the amount of economy) determined prior to implementation of the list of actions and in amount of consumption by the customer of energy resources in value term determined after implementation of the list of actions by the contractor taking into account change of the factors exerting impact on amount of consumption of energy resources.

The customer shall submit to the contractor information on consumption of energy resource in time, established by the contract, but no later than 30 days from the date of the end of the period of achievement of the amount of economy (share of the amount of economy) provided by the contract.

In case of determination of the amount of economy (share of the amount of economy) reached as a result of execution of the contract the amount of consumption of energy resource prior to implementation of the list of actions by the contractor for the period corresponding to the calendar period of achievement of the amount of economy (share of the amount of economy) provided by the contract is used.

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