24. 9. 2019 at 9:32 #5267Piemonte RegionParticipant
The Partner must be always obliged to maintain the condition of (and, as necessary, replace) the EPC assets for the duration of the contract. In some EPCs the Partner’s service include additional activities or services, such as cleaning the EPC assets, monitoring and verifying performance, supplying energy. The inclusion of this additional services do not influence the statistical treatment, but the Authority must not take any responsibility for maintaining and/or replacing the EPC assets.
On the other side, it is accepted that the Authority controls the use or operation phase (e.g. regulating times). As for the construction phase, any right for the Authority to share the financial benefit of the Partner incurring lower costs than anticipated in maintenance , does influence the statistical treatment and leads to the EPC being automatically ON BALANCE SHEET for government.
The EPC, typically, specify standards to which the Partner is required to maintain the EPC assets and failures trigger a payment liability for the Partner. Regular monitoring and reporting of maintenance are usually based on self-reporting by the Partner, with the Authority having rights to dual-monitor and/or audit the Partner’s reports. It is important to stress that both the following conditions must be fulfilled:
• the standards must, as a minimum, establish conditions in which the EPC assets are genuinely capable of delivering the performance required in the EPC; and
• the regime for monitoring and reporting on the Partner’s performance against those standards must allow the Authority to sanction the Partner for non-performance
Planned maintenance is usually carried out in accordance with an agreed maintenance plan, updated by the Partner on a regular basis and issued to the Authority for approval. Even in this case it is important that the Authority’s approval does not remove or reduce the Partner’s liability for deficiencies in the EPC assets and/or delivery of related services.
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