Annex XIII 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.