ORDER OF THE STATE COMMITTEE OF UKRAINE ON ENERGY SAVING

of September 15, 1999 No. 78

About approval of the Procedure for the organization and carrying out energy inspections of budgetary institutions, organizations and state companies

List of amending documents

According to Article 3 of the Presidential decree of Ukraine of June 16, 1999 N662/99 "About Measures concerning Reducing Energy Consumption by Budgetary Institutions, Organizations and State Companies"

I ORDER:

1. Approve the Procedure for the organization and carrying out energy inspections of budgetary institutions, the organizations and the state companies it (is applied).

2. Approve the Procedure for the organization and tendering process on implementation of energy inspections of budgetary institutions, the organizations and the state companies it (is applied).

3. To management of legal and administrative support of energy saving (Yakovenko V. I.) provide registration of this order in the Ministry of Justice of Ukraine.

4. To impose control of execution of this order on the vice-chairman of Committee of Zhovtyansky VA.

 

Approved by the Order of the State Committee of Ukraine on energy saving on September 15, 1999, No. 78

Procedure for the organization and carrying out energy inspections of budgetary institutions, organizations and state companies

Procedure for the organization and carrying out energy inspections of budgetary institutions, organizations and state companies (further the Procedure for energy inspections) N662/99 "About Measures concerning Reducing Energy Consumption by Budgetary Institutions, Organizations and State Companies" is developed according to article 3 of the Decree of June 16, 1999.

1. The procedure establishes the sequence and rules of the organization of energy inspections of budgetary institutions, organizations and state companies.

2. Energy inspections of budgetary institutions, organizations and state companies are carried out for the purpose of determination of efficiency of use of energy carriers and establishment of reasonable amounts of their consumption for determination of feasibility of implementation of energy saving measures in case of use of mechanisms of reducing energy consumption.

3. General questions of carrying out inspections are regulated by the Regulations on procedure for the organization of energy inspections approved by Goskomenergosberezheniya's order of 09.04.99 of N27 (N301/3594) is registered in Ministry of Justice 12.05.99.

4. The procedure for financing and the requirement to the organization of tender procedures are regulated by the resolution of the Cabinet of Ministers of Ukraine of 28.06.97 of N694 "About the organization and tendering (tenders) in the field of public procurements of goods (works, services).

5. Energy examinations are conducted based on the standard agreement (further - the agreement). At the same time assessment of feasibility of the conclusion of the agreement on performance of works from the point of view of ratio of expected costs for their accomplishment and the expected economy is performed by contract organization based on familiarity with energy consumption condition.

6. For budgetary institutions and the organizations with insignificant total level of consumption of utilities and waters (to 10 thousand UAH annually) it is recommended to combine accomplishment of energy inspections with implementation of energy conservation features based on the contract with one contract organization which received the certificate on permission to work according to Goskomenergosberezheniya's order of 09.04.99 of N27 "About Approval of the Regulations on Procedure for the Organization of Energy Inspections" (N301/3594) is registered in Ministry of Justice 12.05.99.

7. For budgetary institutions and the organizations for which the annual cost of consumption of utilities and energy carriers exceeds 10 thousand UAH cost determination of energy inspections is performed based on the tender procedure. At the same time the total cost of inspections shall not exceed 10% of the expected economy of consumption of utilities and energy carriers.

8. At the expected cost of energy inspections to 10 thousand UAH the tender is conducted by the organizations, organizations and the state companies independently according to the procedure, determined by Procedure for the organization and tendering process on implementation of energy inspections of budgetary institutions, organizations and state companies (further - the Procedure for the organization of tenders). The cost of energy inspection is determined based on contract price with fulfillment of requirements of Item 7 of the Procedure for energy inspections.

9. At the expected cost more than 10 thousand UAH the tender is held by the Central energy inspections agency based on the tender procedure according to the Procedure for the organization of tenders for accomplishment of separate work types with development of the estimate.

10. The specialized organizations within six months, since day of carrying out energy inspection, submit reports on energy inspections to NAER.

 

Approved by the Order of the State committee of Ukraine on energy saving on September 15, 1999, No. 78

Procedure for the organization and tendering process on implementation of energy inspections of budgetary institutions, organizations and state companies

Procedure for the organization and tendering process on implementation of energy inspections of budgetary institutions, organizations and state companies (further - the Procedure for the organization of tenders) N662/99 "About Measures concerning Reducing Energy Consumption by Budgetary Institutions, Organizations and State Companies" and the resolution of the Cabinet of Ministers of Ukraine of N694 "About the Organization and Tendering (Tenders) in the field of Public Procurements of Goods (Works, Services)" is developed of 28.06.97 according to Article 3 of the Presidential decree of 16.06.99 (with changes and additions made by resolutions of the Cabinet of Ministers of Ukraine N1058 of 24:09. 97, N2087 from 28.12.98).

1. General provisions

1.1. The procedure for the organization of tenders determines rules of the organization and tendering process by consideration of competitive offers on participation in carrying out energy inspections of budgetary institutions, the organizations and the state companies and is developed for the purpose of control of rational use of means of the government budget and the foreign loans which are attracted under guarantees of the Cabinet of Ministers of Ukraine for implementation of energy inspections of budgetary institutions, the organizations and the state companies.

The purpose of the organization of tenders for implementation of energy inspections of budgetary institutions, the organizations and the state companies is increase in efficiency of the energy inspections directed to reducing budgeted expenses on energy consumption payment, content of energy economy, ensuring optimum level of consumption of energy carriers and assistance to its reducing in organizations and the organizations of the budget sphere.

1.2. According to the procedure of the organization of tenders the following terms are used in such value:

energy inspection - power technological and technical and economic examination of activities of budgetary institutions, organizations, state companies and separate productions for the purpose of determination of efficiency of use of fuel and energy resources by them, establishments of reasonable amounts of consumption of energy carriers, development and reasons for recommendations concerning implementation of power savings measures and business plans of investment projects about energy saving;

the tender for implementation of energy inspection - the actions connected with information collection which displays technical readiness of the specialized organizations certified on the right of carrying out such inspections according to the requirements stipulated in the agreement consisting in writing between podryadchikompobeditel of tenders and their customer;

customers of tenders for implementation of energy inspection - the ministry, others central and local executive bodies, Council of Ministers of the Autonomous Republic of Crimea, public institutions, the organizations, the state companies, the Central energy inspections agency, and also other subjects performing the economic activity at the expense of means of the government budget or the foreign loans attracted under guarantee of the Cabinet of Ministers of Ukraine;

the contractor - the specialized organization of any pattern of ownership having the certificate on the right of carrying out energy inspections according to the Regulations on procedure for the organization of energy inspections approved by the order of the State committee of Ukraine on energy saving of 09.04.99 of N27 and registered in Ministry of Justice 12.05.99 by N301/3594, which confirmed intention to take part in the tender and submits or is going to submit tender offers;

the agreement on carrying out energy inspections - the contract between the customer of tenders and contractor which became their winner;

providing the tender offer (tender providing) the guarantee provided by the contractor to the customer of tenders concerning providing any obligations arising in connection with provision of tender offers which can be given in the form of the bank guarantee, warranty leaf or the check with text about its acceptance to payment by bank, acceptable for the customer, which is subject to payment according to the order of the customer of tenders;

the acceptance of the tender offer - adoption of the tender offer by the customer of tenders and provision of consent to its payment. The tender offer is considered accepted if in the time established in tender documents, but not later than the term of 5 days the customer of tenders does not give written refusal to the contractor in the acceptance of the tender offer after determination by his winner of tenders;

opening of tenders - means day, time, the place of disclosure of tender offers;

closing of tenders - happens after the conclusion of the contract on carrying out energy inspections between the customer and the contractor - the winner of tenders or in case of variation the customer of tenders of all tender offers;

tender documents - the documents which are preparing the customer of tenders and transferred to contractors for preparation of tender offers by them;

the tender offer - the offer of rather certain subject to energy inspections which prepares and goes to the tender the contractor according to requirements of tender documents.

1.3. Application of the Procedure for the organization of tenders is obligatory when implementing services in energy inspections of budgetary institutions, the organizations and the state companies which are performed at the expense of the means of the government budget or the foreign credits which are attracted under guarantees of the Cabinet of Ministers of Ukraine if the cost of such works equals or exceeds 10 thousand hryvnias.

Action of the Procedure for the organization of tenders extends also to all works and services connected with accomplishment of energy inspections of budgetary institutions, organizations and state companies at the expense of other means concerning which use acts of the legislation or other regulatory legal acts provide obligatory tendering process.

1.4. Contractors irrespective of their state accessory and pattern of ownership are allowed to participation in tenders.

Customers of tenders shall not make discrimination actions to contractors because of their admission to participation in tenders.

2. Tendering process conditions

2.1. In the invitation of contractors to tendering process by the customer of tenders the corresponding message on the organization of tenders taking into account requirements of the Procedure for tendering process is located.

The documents which are mentioned according to the procedure of tendering process are sent by the customer of tenders or the organization authorized by it to the contractor, and also the contractor to the customer of tenders or the organization authorized by the customer of tenders in the form providing written statement of their content.

As exception, in case of application of procedures of competitive negotiations the tender offers submitted by means of the letter, fax connection, telegrams or telex shall contain all information necessary for their assessment, including the statement for consent with conditions, terms and other requirements stated in the invitation to the tender and tender documents.

Tender offers shall be at once confirmed by the contractor the letter or the signed copy of telex, the telegram or the fax. Tender offers by phone are not accepted.

The customer of the biddings shall not allow discrimination concerning contractors by use of form of transfer or receipt of documents, messages, decisions and so forth.

2.2. Information concerning the procedure of tenders based on which the customer of tenders prepares the report on results of tendering process shall be stored by the customer of tenders within three years and it is obligatory to contain:

the compressed description of subject to energy inspection;

the name and the address of the contractors who submitted tender offers, applications for participation in preliminary qualification, both the name and the address of the contractor with which the agreement on carrying out energy inspection, and also the price of this agreement is signed;

data on qualification of the contractors who submitted tender offers and applications about participation in preliminary qualification or record about lack of such data;

the price and the compressed description of other main conditions of each tender offer and the agreement on carrying out energy inspections, and also the additional terms offered by contractors;

the compressed statement of evaluation criteria and comparison of tender offers and determination of the winner of tenders;

if all tender offers are rejected - the message on it with statement of the corresponding reasons;

statement of the reasons and circumstances by which the customer of tenders was guided during election of different way of tendering process, than open procedures or open procedures with preliminary qualification, with reasons for election of such method of tendering process;

reasons for terms of implementation of tenders;

the compressed statement of any requests concerning explanation of conditions of preliminary qualification or tender documents, answers to them, and also any changes of these documents.

2.3. The data noted in paragraphs 4, of the 7th Item 2.2. this Procedure, not being confidential, are provided at the request of any person after the acceptance of the tender offer or after the termination of tenders if they did not lead to the conclusion of the agreement on the organization of energy inspections.

2.4. The data noted in paragraphs 4, of 7, of the 11th Item 2.2. this Procedure, not being confidential, are provided on request of contractors which submitted tender offers or applications for participation in preliminary qualification, after the acceptance of the tender offer or after the termination of tenders if they did not lead to the conclusion of the agreement on carrying out energy inspections.

2.5. When implementing energy inspections which cost equals or exceeds 10 thousand UAH, the customer of tenders not later than in 7 calendar days after determination of the winner shall submit for approval to the Central energy inspections agency the written report about results of tendering process.

2.6. In case of identification by the Central agency on energy inspections of the fundamental breaches of procedure for tendering process influencing objective determination of the winner of tenders or leading to discrimination of contractors, results of such tenders are recognized the Central energy inspections agency invalid.

The agreement (appendix 1) about carrying out energy inspections consists with the winner of tenders after approval by the Central agency on energy inspections of the report on results of tendering process, and the price of their carrying out is determined based on the estimate on accomplishment of separate work types (appendix 2).

Not later than in 5 calendar days after approval by the Central agency on energy inspections of the report on results of tendering process the customer of tenders shall inform in writing all contractors participating in tenders on results of determination of the winner of tenders.

The customer of tenders reports about results of tendering process in mass media.

2.7. The invitation to tenders or messages on carrying out preliminary qualification, and also all other tender documents are constituted in state language and if participation in tenders is taken by foreign contractors, - in foreign languages.

2.8. When implementing energy inspections which cost equals or exceeds 100 thousand UAH, the customer has the right to demand from contractors provision of tender providing. Such requirement shall concern all contractors.

The amount of tender providing shall not exceed five percent of the expected agreement price.

Provision of tender providing with other organization shall be approved with the customer of tenders before provision of tender offers.

The customer of tenders shall note in tender documents of the requirement to the organization, it is provided to which tender ensuring, form and basic requirements to provision of tender providing, and also cases in case of which approach tender providing does not return to the contractor.

2.9. Tender providing does not return the customer of tenders in case:

response or change of the tender offer by the contractor after deadline of its provision;

not signings by the winner of tenders of the agreement on carrying out energy inspections if the customer insists on signing;

failure to provide necessary guarantees by the winner of tenders concerning agreement performance for carrying out energy inspections after the acceptance of its tender offer if such guarantees are provided by tender documents;

disagreements of the contractor which provided the tender offer, with correction by the customer of tenders of the arithmetic error found during comparison and assessment of tender offers.

The customer of tenders shall not apply for tender providing and shall return the corresponding amount to the contractor within 10 calendar days from day of approach of the basis for return of tender providing anyway, except the cases noted in this Item.

2.10. Participation of any contractor in tenders can be stopped if it:

is bankrupt or stays in liquidation stage;

its activities are under the supervision of court or it approves the relations with creditors;

allowed misrepresentation in provided information.

These bases cannot be applied to events of three-year prescription.

2.11. The customer of tenders can require from the contractor of provision of the documents certifying its financial and economic condition. Can be such documents:

references of banks;

balances of the contractor or extract from balances if the publication of balance is necessary according to the legislation of the country of the contractor;

certificates of economic results of energy examinations which were conducted by the contractor for the last three years;

the copy of the certificate on the right of the conducting energy inspections granted by the State committee of Ukraine on energy saving;

copy of the document on state registration of the contractor.

If on any reasonable excuses the contractor cannot provide to the customer of tenders such documents, then the economic and financial condition of the contractor can be supported by other document, acceptable for the customer of tenders.

2.12. Technical potential of the contractor proves to be true:

the list similar given for consideration of basic agreements for the last one and a half years with indication of their price, date of the conclusion, the customer and subject to inspection;

the description of technical capabilities of the contractor and information on measures which it applies to providing guarantee of high-quality carrying out energy inspection, and also the data which are not containing confidential information on its research potential;

information on the number of all technical specialists or the list of all technical divisions, including quality controllers of work on energy inspection irrespective of, they stay under direct control of the contractor or not;

the document on check of production capabilities of the contractor and if it is necessary, its research potential and measures for quality control of work for energy inspection which can be performed by the customer of tenders or person authorized by it according to its order if subject to inspection differs in technical complexity or when such inspection can be executed by certain contractor and at the same time for it there is no reasonable alternative.

The customer of tenders specifies in the message on carrying out preliminary qualification or in the invitation to tenders the list of necessary documents from noted in this Item in which data shall be limited to the purpose of inspections.

At all stages of the organization and tendering process the customer of tenders shall consider interests of contractors in protection of their technical or trade secrets.

2.13. The description of subject to energy inspection in documents which concern their preliminary qualification, the tender documents or other documents connected with attraction of tender offers shall meet the requirements to such information (clearness, completeness and objectivity).

Any specifications, plans, drawings, drawings, other documents concerning subject to energy inspection shall be executed as far as it is possible, with observance of requirements of standard rates concerning execution of such documents.

For preparation of any specifications, plans, drawings and drawings included in the tender documents and documents concerning preliminary qualification of subject to energy inspection shall be used as far as it is possible, standard indicators, requirements, symbols and terminology.

Standard indicators shall go based on international standards if such is, and (or) domestic state standards.

In the course of preparation of tender documents the customer of tenders has no right to interfere with the competition between contractors.

2.14. Implementation of the admission of the organizations to energy inspections which are regulated by Procedure for the organization of tenders shall be carried out with use of such methods of tendering process:

2.14.1. At the expected cost of works when implementing energy inspections which equals or exceeds the amount of 10 thousand UAH:

open procedures - when all interested contractors have the right to give tender offers;

open procedures with preliminary qualification - when tender offers have the right to give only those contractors which by results of preliminary qualification are allowed to participation in tenders;

procedures of competitive negotiations - when the customer of tenders informs contractors on the intention to perform energy inspections and discusses with one or several of them the term of the contract about carrying out energy inspections.

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