The Communiqué Amending the Communiqué on the Implementation of Energy Performance Contracts in Public Sector
The Communiqué Amending the Communiqué on the Implementation of Energy Performance Contracts in Public Sector (Communiqué) entered into force through publication in the Official Gazette dated 23.06.2023 and numbered 32230. The amendments made by the Communiqué are summarized as follows:
- The minimum investment amount required for the conduct of a tender was reduced from TRY 2,000,000 to TRY 1,000,000.
- Energy efficiency measures with a simple payback period of less than 1 year are not considered within the scope of the energy performance contract.
- The provision stating that the unit energy price to be used in the calculation of the amount to be paid on an annual basis cannot be more than the unit energy price taken as the basis of the energy invoice of the administration on the date of approval of the savings verification report has been removed. Instead, it has been regulated that the annual sum of payments cannot exceed the amount corresponding to the guaranteed annual savings.
- Amendments were made to the drafts of the standard specifications and energy performance contracts. Pursuant to these amendments, the provision stating that the bidder must attach a bank reference letter to the bid file is removed from the standard specifications. In the draft energy performance contract, it is clearly regulated that the contractor is responsible for insuring the amount of savings and guarantee.
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