134_Energy Contractors_Advanced by niusheng11

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									Sustainable Public Procurement-fiche
Product / service                Version                                     Date
Energy Contractors               Advanced                                    December 2010
Scope

The scope of the following requirements applies to “Energy-Contracting services”.
Today’s energy-contracts are essential to obtain an efficient energy consumption
(energy savings) and low pollutant emissions.

Energy-contracting services apply to:
- Plant contracting: depending on renewable energy sources availability, contractor
provides (converts) and supplies energy.
- Energy contracting: the contractor creates and implements a comprehensive
energy saving concept to improve energetic performances.

Definitions:
- Contractor: implements measures, like investments for efficient energy provision
or energy saving.
- Plant contracting: the contractor plans, finances, sets up, operates and maintains
an energy generating supply plant and acts as an energy provider to customers.
- Energy provision: is the provision of useful energy (heat, cold, power...) by the
contractor.
- Energy-saving contracting: the contractor takes measures for energy saving like
more efficient use of energy. Its expenses must be refinanced by means of the saved
energy costs.
- Baseline: is the basis for determining the energy savings and the contracting rate.
It is determined from previous energy costs and power consumption and is to be
calculated from a representative reference period (the last 3 years are
recommended as a minimum). It must be specified whether the calculations have
been completed with adjustments for weather or other influencing factors.
- Primary energy sources: are any renewable or non-renewable energy sources (such
as fossil fuel, biomass, natural gas, sunlight, air (wind), water, nuclear, etc.)
- Renewable energy sources: are energy from a “free energy” source or from a
source that can be regenerated on a short delay (< a few years) (such as biomass,
solar, wind, hydro-power, geothermal-power, tidal-power, bio-ethanol, bio-
methane,…)
- Useful energy: the various types of energy that have been converted such as light,
heat, cold, power etc. are designated as being useful energy.




                      This sheet is a product of the Federal Public Planning Service Sustainable Development,
                      http://www.guidesustainableprocurement.be
1) Subject matter

Energy Contractor service


1.1. The subject matter in the framework of the organizations policy.

“For <…..> (name of the public authority), the care for the environment and social
aspects is important. It is stated in her <strategic policies>, <mission>, <vision>,
<procurement policy>, …”


1.2.    “Reserved contracts”

This category of contract is handled separately in Article 19 of Directive 2004/18/EC.
This article permits the member states to “reserve” the right to participate in public
contract award procedures. It includes contracts awarded to sheltered workshops or
awarded in the context of sheltered employment programmes restricted to
handicapped persons who cannot conduct professional activities under normal
conditions. Paragraph 2 of Article 18a of the Law of 24 December 1993 has already
taken a step in this direction by enabling, within the European thresholds, an
identical strategy.


2) Exclusion criteria

2.1. Social aspects:

Buyers can take account of social aspects in there procurement. For more
information       about      the       different     possibilities   see:
http://www.gidsvoorduurzameaankopen.be/en/node/108




                       This sheet is a product of the Federal Public Planning Service Sustainable Development,
                       http://www.guidesustainableprocurement.be
3) Technical capacity

For all working places, which fall into or under the range of the Contractors, the
following proofs must be provided:

        - A waste management concept (WMC) is to be submitted including all
        operational points over the completeness of WMC.
        - An energy concept and presentation with continuous recordings of the own
        energy consumption.

For business enterprises which are EMAS(*) certified or registered under EN ISO
14001(**); requirement is considered to be fulfilled.

(*)Regulation (EC) No. 761/2001 of the European parliament and the directive of 19th March 2001
over the voluntary participation of organizations to a community system for the environmental
management and operating audit of the results (EMAS) Official Journal No. L 114 of the 24/04/2001 S.
0001 – 0029
(**)EN ISO 14001: Environmental management systems - specification and guidance for application,
        st
of the 1 December 1996



4) Market information
/

5) Technical specifications


For this product group there is, at present (December 2010), just one eco-label
available which forms the basis for formulating environmental compliance criteria.
A list showing the criteria taken from the specifications document for this eco-label
is given below. Buyers may include these criteria in the technical specifications of
their own tender documents. Alternatively, they may give them a more optional
character by incorporating them as awarding criteria in the tender, all this
depending on the procedure that’s chosen.
In addition, the PODDO has divided a list (see below) into key criteria and other
criteria. The first group is definitely recommended when ordering green and
sustainable products in the case of public procurement contracts.




                         This sheet is a product of the Federal Public Planning Service Sustainable Development,
                         http://www.guidesustainableprocurement.be
KEY-CRITERIA
a) Requirements for reduction of environmental impact (Austrian Ecolabel)

Environmental benefits include all reductions in energy consumption and/or
reductions in emissions, which are a result of the energy improvements in the plant
or building compared with the baseline.

The following information needs to be calculated(*) for each project and be
presented:
    Energy requirement before and after the contracting measures in [kWh/year]
       and energy savings in [kWh/year] and [%]
    Emissions before and after the contracting measures in [tons
       CO2equivalents/year] and the reduction in emissions in [tons CO2equivalents/year]
       and [%]

(*) Information on the specific emissions of the respective energy use of the primary energy sources
will be stipulated in the calculation (See Annex 1).

b) Plant contracting (Austrian Ecolabel)

With plant contracting, only energy services like investments in energy generating
supply plant can be identified, which is based on renewable primary energy sources.

The following energy sources apply as being renewable primary energy sources:

        -Biomass (in accordance with next requirement)
        -Geothermal energy
        -Solar energy
        -Water power
        -Wind (air) power

A maximum of 5% of the annual energy requirement may be provided from fossil
energy sources as starting assistance or to cover peak loads.

c) Biomass (Austrian Ecolabel, FSC and PEFC)

Biomass that may be used as renewable energy source must comply with the
following definitions:

Primary biomass:
Plant and plant parts, which are supplied without chemical conversion directly for
energy use (e.g. containing wood, cellulose, oil). If wood is used, it should originate


                         This sheet is a product of the Federal Public Planning Service Sustainable Development,
                         http://www.guidesustainableprocurement.be
from recycled wood products or wood from sustainable managed forests (f.e. FSC or
PEFC certified).

Secondary biomass:
Residues from initial recycling of organic substances – in particular in human and
animal food – or from recycling in the home or industry, in which case the organic
substances have undergone chemical changes. (e.g. liquid manure, slurry,
institutional kitchen and catering waste)

Agricultural biomass:
Agricultural planting, harvest residues and by-products in unprocessed and
processed form (e.g. harvest residues, straw, oleaginous fruits etc.)

Forestry biomass, free of halogenated organic compounds:
Close-grained wood and brushwood from forested, open land and wood energy
areas, sawing by-products (SBP) to the energy recovery. The wood should originate
from sustainable managed forests.

Products from biomass:
Firewood, wood chips for energy production, SBP, which are created when
manufacturing sawn timber, wood and bark pressed fuel, wood gas, chopped straw,
biogas(**), and ethanol and diesel from biomass etc . Wood should originate from
recycled wood products or wood from sustainable managed forests (f.e. FSC or PEFC
certified).

(**)Sewage and landfill gas do not count as being renewable

d) Energy saving contracting (Austrian Ecolabel)

The Contractor takes organisational or architectural/constructional measures like
investments to save energy and to guarantee the pre-calculated savings.
The expense of the contractor to implement the necessary measures must be
refinanced from the cost savings.


e) Contracting contract : General requirements (Austrian Ecolabel)

In contracts between Contractor and clients at least the following points must be
displayed and clearly exposed:

-General contract regulation:




                       This sheet is a product of the Federal Public Planning Service Sustainable Development,
                       http://www.guidesustainableprocurement.be
       Contract sides, ownership structures (before, during and after contract
       completion), rights and obligations of both sides, possibilities of change, end
       of contract notification, area of jurisdiction, costs, etc.

       - Contractual item and goal (e.g. lowering of the energy costs, plant renewal
       …)
       - Running time/ Time validity of the contract
       - Description of the planned conversion measures on the basis of the
       concept.
       - Schedule for the measures
       - Warranty on the respect of agreed comfort standards
       - Indications on reduction modalities and selected price adjustment method
         (consumer index, price adjustment clauses,...)
       - Regulations regarding mixed financings
       - Regulations in case of insolvency
       - Regulations for the lawful succession rights
       - Access rights (like “servitude“right)
       - Regulation about responsibilities (in case of disturbance, accident, damage,
         injury, etc.)
       - Competences for maintenance and inspection of all contractually stated
         technical plants (intervals/intermediaries, foreign firm/outside firms …)
       - Regulation of the warranty claims and reclaims
       - Insurances

f) User/Client Documentation (Austrian Ecolabel)

For each contracting project, the following documents must be accessible to the
client:

       - Requirements about project course
       - Contracting relevant data about the building or the plant
       - Technical data about plant or building (plant age, source of energy,
         characteristic energy values, building data, energy efficiency, condition, etc.)
       - Transmission and reception protocols
       - Recordings over maintenance and enterprise management
       - Proofs over effected training courses/formations
       - Recordings of energy bookkeeping
       - Control and supervision protocols

g) Applicable standards, laws and other regulations




                      This sheet is a product of the Federal Public Planning Service Sustainable Development,
                      http://www.guidesustainableprocurement.be
Contractor must check and confirm that all applicable laws and regulations on the
mentioned scope are fulfilled and actualized!

[1] The current conditions, regulations and guidelines of the European Union can be found under the
following internet link: http://eur-
lex.europa.eu/Result.do?arg0=Energy+contracting&arg1=&arg2=&titre=titreettexte&chlang=en&Rec
hType=RECH_mot&Submit=Searchl (put in Annex 2).

[2] Regulation (EC) No. 761/2001 of the European parliament and the directive of 19th March 2001
over the voluntary participation of organizations to a community system for the environmental
management and operating audit of the results (EMAS) Official Journal No. L 114 of the 24/04/2001 S.
0001 – 0029

[3] EN ISO 14001 Environmental management systems - specification and guidance for application, of
     st
the 1 December 1996

h) Requirements about project course (Austrian Ecolabel)

With help of the following requirements, all energy savings measures taken will be
identified and the entire energy improvement potential quantified.
Following points must therefore be considered in the planning and converted into
suitable form/indicator:
        - Results of the fine analysis:
        All energy-relevant plants and parts of a building must be submitted to
        (evaluated on) a global point of view (power supply, control engineering,
        building physics, energy efficiency and losses, user behavior, etc.)
        - Data on warming/heating like calculated energy needs (Plant contracting)
        - Data on the calculation methods for baselines (Energy saving contracting)
        - Data on the calculation of the characteristic energy values (methodology,
        rule factors, etc.)
        - Examination whether the necessary energy needs can be covered only from
        renewable sources of energy (Energy saving contracting)
        - Representation of short and long-term measures (energy saving)
        - Schedule for these measures
        - Inventory of the relevant standards of comfort (e.g. Space warmth, light,
        relative humidity…)
        - Establishment of the future comfort standards
        - Documentation on the transposition measures
        - Regulation of the responsibilities
        - Indications on the data flow solidness (partners, reports…)
        - Accompanying control measures (Quality Assurance, photo, report…)
        - Periodic energy consumption control
        - Energy bookkeeping
        - Measures about training/formation course



                         This sheet is a product of the Federal Public Planning Service Sustainable Development,
                         http://www.guidesustainableprocurement.be
OTHER CRITERIA

i) Requirements over products and materials (Austrian Ecolabel)

To implement the contracting measures, only products or materials are to be used,
which have the following properties:
       - Products, which have been tested and identified according to eco-label
       criteria (e.g. EU Eco label Austrian eco-label "Blue Angel", ”Nordic Swan” )
       - Products, which have been tested and identified according to building
       biological criteria
       - Products, free from halogenated organic compounds
       - Health-friendly products

If still no products are available meeting the aforementioned criteria, commercially
available products can also be used.

j) Requirements for the Contractor (Austrian Ecolabel)

Contractor has to furnish and to make the information accessible for the following
documents of proofs:

       - Reference list of the project and presentation
       - Proofs for long term validity/loyalty
       - Regulations in case of insolvency (assumptive adhesion, continuation
       concept, etc.)


k) Requirements on the Contracting contract (Austrian Ecolabel)

In contracts between Contractor and consumers the regulations and laws about
consumer protection must be taken into consideration.

l) Contracting contract : Plant contracting (Austrian Ecolabel)

In the case of plant contracting, the following requirements must also be fulfilled:
        -Formula for calculation of the needed power/energy.
        -Transparent pricing system (base price, operating costs, etc.)
        -Price for each unit of supplied energy

m) Contracting contract : Energy saving contracting (Austrian Ecolabel)




                       This sheet is a product of the Federal Public Planning Service Sustainable Development,
                       http://www.guidesustainableprocurement.be
For the energy saving contracting, take must also be taken, next to general
requirements, about the following points in the contract:

       - Details on the baseline (methodology, consumption data …)
       - Formula for the calculation of the contracting rate/yield/score
       - Data for the calculation of the price statement.
       - Warranty for all components supplied/installed by the contractor during the
         contractual validity
       - Repair responsibility for the components supplied/installed by the
       Contractor
         which display a technical service lifetime under the running time of the
         contract validity
       - Repartition key for price fluctuation risk for the energy purchase between
       the
         client and the contractor
       - Regulation about exceeded saving warranty targets (surplus allocation)
       - Indication that the financial risk of falling below the saving warranty goes
         debited to the contractor
       - Indications on mixed financings fusions and on their refinancing



6) Awarding the contract:

                            Criteria --- For example ---                                                   Weight

1     Price                                                                                               e.g. 60%

      Calculation (e.g.): Lowest offered price/ stated price x 0,60

2     Environmental criteria                                                                              e.g. 35%
      (The public authority formulates the points it wants to assign to the below
      mentioned criteria )

      Calculation (e.g.): Total scored points / maximum number of points x 0,35

3     …                                                                                                   e.g. 5 %
4     …                                                                                                   e.g. ….


    In above mentioned table, the weight of the environmental criteria shall be
    stated by the buyer in function of its particular procurement. Representatives of



                         This sheet is a product of the Federal Public Planning Service Sustainable Development,
                         http://www.guidesustainableprocurement.be
   several sectors federations mention often to not underestimate this weight to
   give sustainability in the awarding phase a chance at all.

   The environmental criteria in the above mentioned table concern the following
   issues: see point 5


       Key-criteria:




7) Performance clauses:

7.1. Environmental aspects:


None


7.2. Social aspects:

Buyers can take account of social aspects in there procurement. For more
information       about      the       different     possibilities   see:
http://www.gidsvoorduurzameaankopen.be/en/node/108


7.3. Ethical aspects:

“The tenderer undertakes, until the contract has been executed in full, to respect the
8 Basic Conventions of the ILO:
   1. The prohibition of forced labour (C29 Forced Labour Convention, 1930, and
        C105 Abolition of Forced Labour Convention, 1957);
   2. The right to freedom of association (C87 Freedom of Association and
        Protection of the Right to Organise, 1948);
   3. The right to organise and collective bargaining (C98 Right to Organise and
        Collective bargaining, 1949);
   4. The prohibition of any discrimination in terms of labour and remuneration
        (C100 Equal Remuneration, 1951 and C111 Discrimination (Employment and
        Occupation), 1958);




                        This sheet is a product of the Federal Public Planning Service Sustainable Development,
                        http://www.guidesustainableprocurement.be
   5. The minimum age for child labour (C138 Minimum Age Convention, 1973),
      together with the prohibition of the worst forms of child labour (C182 Worst
      Forms of Child Labour Convention, 1999).


The non-respect of this undertaking may, by virtue of Article 20, §1, 4° of the general
specifications annexed to the Royal Decree of 26 September 1996, give rise to the
application of the official measures described in § 6 of the same article, including
unilateral termination of the contract.”




                                           References


[Information of the public authority that used these clauses in a procurement case]




                      This sheet is a product of the Federal Public Planning Service Sustainable Development,
                      http://www.guidesustainableprocurement.be
Finance Tower, 8th floor · Kruidtuinlaan 50 / 8 · 1000 Brussels - T + 32 2 524 88 54 · F + 32 2 524 88 70
contact@poddo.belgium.be · www.poddo.belgium.be

This sheet is a product of the Federal Public Planning Service Sustainable Development (http://www.guidesustainableprocurement.be)

								
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