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GB/T 24915-2020 English PDF (GBT24915-2020)

GB/T 24915-2020 English PDF (GBT24915-2020)

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GB/T 24915-2020: Guidance on energy performance contracting

This standard specifies the technical requirements and contract text for energy performance contracting. This standard applies to the implementation of energy performance contracting projects.
GB/T 24915-2020
GB
NATIONAL STANDARD OF THE
PEOPLE REPUBLIC OF CHINA
ICS 27.010
F 01
Replacing GB/T 24915-2010
Guidance on energy performance contracting
ISSUED ON: MARCH 31, 2020
IMPLEMENTED ON: OCTOBER 01, 2020
Issued by: State Administration for Market Regulation;
Standardization Administration of PRC.
Table of Contents
Foreword ... 3
1 Scope ... 5
2 Normative references ... 5
3 Terms and definitions ... 5
4 Technical requirements ... 7
5 Contract text ... 7
Appendix A (Informative) Reference contract for energy performance
contracting project of energy saving benefit sharing type ... 9
Appendix B (Informative) Reference contract of energy performance
contracting projects of energy-saving guarantee type ... 27
Appendix C (Informative) Reference contract for energy performance
contracting project of energy cost trusteeship type ... 44
Guidance on energy performance contracting
1 Scope
This standard specifies the technical requirements and contract text for energy performance contracting.
This standard applies to the implementation of energy performance contracting projects.
2 Normative references
The following documents are essential to the application of this document. For the dated documents, only the versions with the dates indicated are applicable to this document; for the undated documents, only the latest version (including all the amendments) are applicable to this standard.
GB/T 2587 General principles for energy balance of equipment using
energy
GB/T 2589 General principles for calculation of the comprehensive energy consumption
GB/T 3484 The general principles for energy balance of enterprise
GB/T 13234 Determination of energy savings in organizations
GB/T 15316 General principles for monitoring and testing of energy saving GB/T 17166 General principle of energy audits
GB/T 23331 Energy management systems - Requirements
GB/T 28750 General technical rules for measurement and verification of
energy savings
GB/T 32045 Guidance on implementation of measurement and verification
of energy savings
3 Terms and definitions
The terms and definitions as defined in GB/T 13234, GB/T 23331, GB/T 28750 as well as the following terms and definitions apply to this document. For ease [GB/T 23331-2012, definition 3.6]
3.5
Energy savings
The amount of energy consumption/energy consumption reduction under
the conditions of meeting the same demand or achieving the same purpose. [GB/T 13234-2018, definition 3.1]
4 Technical requirements
4.1 The elements of an energy performance contracting project include energy use status diagnosis, energy baseline determination, energy-saving measures, quantitative energy-saving targets, energy-saving benefit sharing methods, energy-saving measurement and verification, etc.
4.2 The diagnosis of energy consumption can be performed in accordance with relevant standards such as GB/T 17166, GB/T 2587, GB/T 3484, GB/T 15316. 4.3 Energy baseline determination can be implemented in accordance with GB/T 2589, GB/T 13234 and related standards; meanwhile it shall be confirmed by the project stakeholders.
4.4 Energy-saving measures shall comply with the requirements of national laws and regulations, industrial policy requirements and relevant standards such as technology and equipment.
4.5 Energy-saving measurement and verification shall comply with relevant standards such as GB/T 28750 and GB/T 32045.
4.6 Energy consumption status diagnosis, energy saving measurement and
verification, etc. can be entrusted to a third-party organization recognized by both parties to implement or review.
5 Contract text
5.1 The contract text is an important carrier for the implementation of energy performance contracting projects. Energy performance contracting project contracts include energy-saving benefit sharing, energy-saving guarantee, energy cost trusteeship, financial leasing, hybrid and other types of contracts. 5.2 Both parties to the energy-saving benefit-sharing project can refer to Appendix A to develop a special implementation contract text for energy performance contracting project.
The energy-saving service mechanism that the energy services company and the energy user agree on the energy-saving goal of the energy-saving project in the form of a contract, the energy services company provides the energy user with necessary services to achieve the energy-saving goal, the energy user pays for the investment and reasonable profit to the energy services company in terms of energy-saving benefit, energy-saving service fee, or energy trusteeship fee.
1.2 Energy saving
The amount of energy consumption/energy consumption reduction under the conditions of meeting the same demand or achieving the same purpose.
1.3 Energy performance
Measurable results related to energy efficiency, energy use, energy
consumption.
1.4 Energy performance parameters
A value or measure that can quantify energy performance.
(Note: Energy performance parameters can be represented by simple
quantities, ratios or more complex models.)
1.5 Energy baseline
A quantitative reference basis for comparing energy performance.
(Note: Under certain circumstances, energy costs can also be used as an energy baseline.)
1.6 Base period
The time period before the implementation of energy performance improvement measures used to compare and determine energy savings.
1.7 Baseline energy costs
The energy cost spent by the energy user in the base period.
1.8 Energy saving service fee
Through the implementation of energy performance contracting projects, the corresponding energy-saving amount will be generated. The energy user will reduce energy expenditure and increase revenue; will pay the reduced energy cost and part of the increased revenue to the energy services company as a reward.
2.3 Project location: _______.
Article 3 The equipment system to be renovated and its energy
consumption status
3.1 The equipment intended for energy-saving renovation includes _________. 3.2 For the detailed energy consumption status before the energy-saving renovation, please refer to Annex 1 "Project technical plan".
Article 4 Energy audit and energy baseline
4.1 Energy audit can choose any of the following methods:
(1) Completed by Party-B.
(2) Completed by Party-B and Party-A jointly.
(3) Completed by a third-party audit institution recognized by both parties. The energy audit period is ___ days. The starting date is: ___ year, ___ month, ___ day; the completion date is: ___ year, ___month, ___ day.
4.2 Conduct energy audit in accordance with GB/T 17166 "General technical principles of energy audit".
4.3 The cost of the energy audit shall be borne by ______.
4.4 Energy usage records and data required for energy audit:
(1) Energy consumption account for the past ___ years;
(2) Real-time test data of the energy efficiency of the equipment to be renovated;
(3) The description of all equipment to be renovated as related to energy use; (4) The energy consumption status and possible changes of the relevant
energy-consuming equipment during the validity period of the contract;
(5) Current energy management regulations, methods, etc.;
(6) Other information deemed necessary by the energy audit agency.
The above-mentioned information and data shall be provided by Party-A
comprehensively and truthfully, meanwhile it shall be listed item by item in the energy audit report.
4.5 The data and content of the energy audit report shall be confirmed by Party- limited to: _____________.
6.4 Party-B?€?s technical services include: ____________.
Article 7 Equipment procurement, installation and commissioning
7.1 Equipment purchase: Party-B is responsible for it.
7.2 Equipment arrival time: Within ___ working day after this contract takes effect. Delivery and installation location: Same as project location.
7.3 After the equipment is delivered to the site, Party-A shall check the quantity, specifications, product name and packaging of the equipment and confirm whether it is complete, etc. Meanwhile it shall be responsible for keeping it properly until the engineering and technical personnel of Party-B enter the site for installation. If the equipment is inconsistent with the provisions of this contract, Party-A shall notice the Party-B within three days. Party-A shall not open the package. If the equipment is damaged or lost due to improper storage by Party-A, Party-A shall be liable to Party-B for compensation based on the actual value of the equipment loss.
7.4 Party-B is responsible for equipment installation, commissioning and required expenses.
7.5 Party-A shall provide Party-B with facilities such as installation site, construction conditions and equipment commissioning conditions; designate a project leader to cooperate with Party-B to ensure smooth installation and commissioning.
7.6 Installation and commissioning period: The installation and commissioning shall be completed within ___ days after the equipment is delivered to the site and confirmed by Party-A; it shall be completed by the ___month ___ day at the latest.
7.7 During the debugging and testing of the equipment, if the equipment fails to meet the requirements for use due to other equipment of Party-A, Party-A shall work with the commissioning personnel of Party-B to adjust the relevant equipment of Party-A.
7.8 Party-B guarantees the reliability and safety of the equipment installation and will not cause damage to Party-A's production system after operation. If Party-A's production system is damaged, Party-B shall be responsible for repairs and bear the cost.
7.9 Party-B can install, debug and construct by itself or entrust a third party with corresponding qualifications.
management, Party-A shall bear the maintenance costs.
10.3 Party-B shall send someone to the site for maintenance within ___ hours after receiving the notification of the failure from Party-A.
10.4 After the end of the warranty period, Party-B provides paid maintenance services and preferential supply of equipment parts.
(Note: If the equipment is not manufactured by an energy services company, or other complete equipment, after-sales service can be transferred to the equipment supplier or equipment manufacturer. Service costs are included in the equipment payment. A tripartite agreement is signed to determine the after- sales service responsibility.)
Article 11 Project operation management and training
11.1 Party-A is responsible for the operation and management of the project. The operation and management shall comply with the equipment and related operating procedures.
11.2 Party-A shall record the parameters and energy consumption of the
equipment and keep relevant data for verification (it can also introduce a third party to monitor energy consumption and make real-time testing records). 11.3 Party-B is responsible for the technical training of equipment operation and maintenance for Party-A?€?s operation and management personnel. The number of trainees and training content are determined according to actual needs. Party-A shall assign qualified personnel to participate in the training. 11.4 After the training is completed, both parties shall confirm the situation of the trainees, training content, training results in writing for verification. 11.5 The operation and management costs of the project shall be borne by Party-A (operating party).
Article 12 Equipment ownership agreement
12.1 After the project is delivered to Party-A for operation and management, the possession and use rights of the equipment are handed over to Party-A.
12.2 Party-B has limited ownership of the equipment, that is, the right to dispose of the equipment belongs to Party-B before Party-A has paid off all the money to the Party-B in accordance with this contract. In case of collection, relocation, the Party-A?€?s bankruptcy, or other cases where the equipment must be disposed of, unless otherwise agreed by the Party-B, the Party-A shall not make any decision to dispose of equipment; the disposition proceeds belong to Party-B. 14.1 Energy-saving benefit is the converted market value of the energy-saving amount produced in the current period (referring to the life of the energy-saving plan design project) after the project is implemented. Energy-saving benefits are reflected in Party-A?€?s reduced energy expenditures and Party-B?€?s energy- saving project revenues.
14.2 The energy-saving amount determined in accordance with Article 13 of this contract, combined with the supply price of the energy supply organization where the project is located to Party-A, serve as the calculation basis for the energy-saving benefits as shared between the Party-A and Party-B.
14.3 Calculate the energy-saving benefits of the project in the current period in accordance with Annex III of this contract. Then calculate the energy-saving benefits that Party-B shall obtain according to the proportion agreed in this contract.
14.4 Energy-saving benefit sharing period: Totally ___ years, calculated from ___ year, ___ month, ___ day (from the date of signing the project acceptance report or the day when the project is handed over to Party-A) to ___ year, ___ month, ___ day.
14.5 The proportion of energy-saving benefits shared by Party-A and Party-B: during the energy-saving benefit sharing period, the total energy expenditure reduced is the energy-saving benefit, which is ___ 10000 yuan, wherein the Party-A enjoys ___%, that is, ___ 10000 yuan; the Party-B enjoys ___%, that is, ___ 10000 yuan.
14.6 If the energy-saving rate after acceptance exceeds or is lower than the designed average value by more than 10%, the energy-saving benefit sharing data determined in this contract shall be adjusted according to the actual energy-saving rate; meanwhile the adjustment results shall be confirmed in the acceptance report.
14.7 After the expiration of the energy-saving benefit sharing period, all the energy-saving benefits generated by the project shall belong to Party-A. 14.8 If there is a dispute between the two parties on the energy-saving benefits of any period, the dispute in this part will not affect the sharing of the energy- saving benefit sharing fund and the payment of the corresponding payment for the undisputed part.
Article 15 Payment method, payment amount, payment time for energy-
saving benefit sharing amount
15.1 Payment method: Party-A shall remit the energy-saving benefit sharing payment due to Party-B to the bank account designated by Party-B (the account designated by Party-B refers to the account reserved by Party-B in this contract) sharing date will be postponed.
17.2 If Party-A fails to pay the energy-saving benefit sharing fund to the designated account of Party-B or Party-B's assignee within the time limit and amount specified in this contract, it shall pay Party-B or Party-B's assignee of the liquidated damages at five of ten-thousand of the unpaid amount per day, until they are paid in full. If Party-B or the assignee of Party-B urges Party-A, and the Party-A pays for the corresponding amount within 30 days, it shall not be deemed as a breach of contract.
17.3 If Party-B delays in completing the construction of the project, it shall pay Party-A liquidated damages in accordance with the proportion of energy-saving benefits that Party-A shall share based on the number of days delayed.
However, Party-B shall not be liable for delays caused by force majeure or Party-A?€?s fault.
17.4 If the equipment fails to operate normally after 60 days of installation, or fails to achieve the expected energy-saving effect for 90 consecutive days after normal operation, Party-B is deemed to have breached the contract; Party-A has the right to request Party-B to compensate for the losses caused by the construction of the project, meanwhile it can terminate this contract.
Article 18: Disposal of energy saving that is affected by operation
management and other reasons
18.1 Due to the increase of energy consumption due to the operation problems of Party-A's related equipment and the system itself, Party-A shall carry out repairs and maintenance in time to make it reach a reasonable operating state. If the efficiency of Party-A?€?s related equipment is reduced, causing the reduction of energy saving effect, Party-B shall be responsible for the maintenance, whilst Party-A shall bear the required costs.
18.2 For the energy saving changes due to non-standard operation
management, Party-A shall make corrections in time. Party-A shall maintain the energy-saving operation state of the equipment or system; it shall not arbitrarily switch the project equipment/system from the energy-saving control state to the non-energy-saving state operation.
18.3 Party-A shall be responsible for the increased energy consumption due to operation management and the operation of Party-A?€?s equipment and its own systems, which shall not change the amount of energy-saving benefit sharing paid by Party-A to Party-B.
Article 19 Equipment renewal, improvement, modification, dismantling,
damage or loss
19.1 In order to improve the operating conditions of the equipment, Party-B can promptly and fully report to Party-B.
20.3 Any shutdown or closure cannot reduce or affect Party-A's payment
obligations. If the contract is terminated due to Party-A closing or stopping the operation of the equipment, Party-A shall pay Party-B the full amount stipulated in this contract.
Article 21 Change and assignment of contract
21.1 The content of the contract can be changed after mutual agreement. 21.2 During the fulfillment of this contract, if Party-A transfers the ownership of the project equipment (or property management rights) to a third party, then Party-A shall be responsible for coordinating the relationship between Party-B and the third party, to ensure the continued fulfillment of this contract. If Party- A?€?s coordination is unsuccessful, Party-B shall be paid in full for the energy- saving benefit sharing amount in accordance with the provisions of this contract. 21.3 For the Party-B's right to obtain energy-saving benefit sharing funds, after the project is completed and passed the inspection and acceptance and handed over to Party-A, Party-B has the right to transfer to any third party. Before transfer, the Party-B shall notice the Party-A in written. The Party-A shall issue a written confirmation letter, meanwhile pays to the transferee of the energy- saving benefit sharing amount according to the notice of the Party-B. Party-B can also use the energy-saving income right (or: future income right) in this contract to set a pledge guarantee or discount it to the bank for the financing of energy-saving projects.
21.4 The Party-B transfers the right to share the energy-saving benefit sharing amount, whilst still perform the corresponding obligations in this contract. Article 22 Termination of the contract
22.1 If one party fails to perform the obligations stipulated in this contract or has one of the circumstances stipulated in Article 94 of the Contract Law of the People's Republic of China, the project cannot progress, then the other party has the right to terminate the contract.
22.2 Before the completion of the project construction and acceptance, if Party- A's breach of contract results in the failure to perform the contract or Party...

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