Operating contract

The services included in the operating contracts are:

P1: Fuel supply and management,
P2: Operation and minor maintenance of installations (adjustments, minor repairs, monitoring).
P3: Major maintenance and equipment renewal or "full warranty".

It is important to ensure that the expected services are detailed so that the limits are clearly identified.

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Types of contracts

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TABLE TO BE INTEGRATED (WHERE TO FIND IT?)

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Incentives for energy savings

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The profit-sharing

The incentive scheme consists of adding to contracts a clause for sharing savings or excess fuel consumption, relative to a target defined for an average winter.

Objective: to encourage both parties (owner and client) to save energy => better management and better optimization.

Conditions: To enter into profit-sharing contracts, it is necessary to have determined beforehand:

The basic heating degree days (HDD) of the reference weather station,
Energy consumption for heating for an average winter,
The amount of heat needed to heat and maintain the temperature of 1m3 of domestic hot water (q),
The methods of calculating the incentive (savings and excess distribution clause).

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The Total Guarantee

The GT (Total Guarantee) clause, which can be added to each of these contracts, covers the repair and replacement, with identical or functionally equivalent equipment, of all defective equipment listed in the contract, in order to maintain the installation in good working order and ensure consistent performance. It is optional for PF or CP contracts but recommended for all other contracts, particularly those with incentives.

The P3 can be opaque : the company manages this position as it wishes, with the only obligation being to maintain the installation in good working order.

The P3 account can be transparent : in this case, the company must provide a quote before any equipment replacement, subject to the approval of the Project Owner, and submit an annual statement of the P3 account. At the end of the contract, a distribution clause allows the Project Owner to recover a portion of the funds provisioned but not yet spent.

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How can you tell if you have a good operating contract?

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Ask a consulting firm to analyze the contract and energy consumption during the energy audit, or a diagnostic of the installations.

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How can I get a good operating contract?

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Before the expiry of the current contract, commission a consulting firm to:

Diagnose the facilities,
draft the clauses of the future operating contract precisely,
negotiate with the company or launch a call for tenders.

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How can you tell if the company is doing its job properly?

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Ask a consulting firm to carry out an operational monitoring mission that will verify whether:

The contract terms are being respected.
The billing is in accordance with the contract.
The facilities are maintained and functioning normally.
Technical improvements are possible.
Contractual modifications are necessary.