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Publish Date : 13-Apr-2018

During the extraordinary meeting of the Government of the Republic of Sakha (Yakutia) today, the Cabinet Ministers considered and approved the draft federal law "On Amendments to Articles 96 and 108 of the Federal Law" On the Contract System in the Sphere of Procurement of Goods, Works, Services for Ensuring State and Municipal Needs ".

As the Minister of Housing and Utilities of Yakutia Danil Savvinov noted, the draft federal law is designed to improve federal legislation in the sphere of energy conservation and increase energy efficiency. The Minister explained that according to the Federal Law "On the Contract System in the Sphere of Procurement of Goods, Works, Services for Ensuring State and Municipal Needs," the customer shall determine the amount of enforcement of the energy service contract in the procurement documentation from 5 to 30 percent of such value as the maximum percentage of a fixed amount of savings in monetary terms of the respective costs of the customer for the supply of energy resources, which can be paid to the energy provider rvisnomu contract.

Meanwhile, the legislator does not take into account that energy-saving measures to fulfill the terms of the energy service contract are carried out by the contractor at the expense of own and borrowed funds. Guarantee of the return of the invested funds of the contractor is the saving of the energy resource of the customer during the whole term of the energy service contract. The calculation between the parties is made only when it reaches the contractor, and the customer does not incur any additional costs. If the amount of savings established by the terms of the energy service contract is not achieved, the contractor bears the risk of shortfall in the planned revenues. Thus, the performer has a personal interest in the implementation of the energy contract for the return of investment. The norm of the Federal Law, requiring the availability of enforcement of the energy service contract, establishes the superfluous duty of the contractor, thereby limiting the implementation of energy service contracts on the objects of the budgetary sphere.

As stressed by Danil Savvinov, in the republic since 2011 170 energy service contracts have been signed at 330 objects of the budgetary sphere, housing stock, communal infrastructure and street lighting. Contractors invested 950 million rubles. The total planned savings under contracts is more than 2.0 billion rubles. At the same time, the annual energy saving potential of only the budgetary sphere is estimated at 2.34 billion rubles. The development of energy service activities is one of the priority areas for the republic to solve the problem of increasing the energy efficiency of the economy. The Minister drew particular attention to the fact that the adoption of the draft federal law will free up a significant amount of money from energy service companies for additional investments in new energy service contracts at public sector facilities. "This, in turn, will lead to a multiplicative effect of reducing the amount of energy resources consumed by public sector institutions and budget expenditures for utilities," summed up Danil Savvinov.

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