A. Shared savings contracts shall be developed in accordance with a model contract developed by the Department of Real Estate Services of the Office of Management and Enterprise Services. The model contract shall include:
1. The methodology for calculating baseline energy costs;
2. A procedure for revising these costs should the state institute additional energy conservation features or structure use change;
3. A requirement for a performance bond guaranteeing that the structure will be restored to the original condition in the event of default;
4. A provision for early buyout;
5. A clause specifying who will be responsible for maintaining the equipment; and
6. A provision allowing the disposal of equipment at the end of the contract.
No state agency or department shall substantially alter the provisions described in the model without the permission of the Department.
B. Contracts subject to this section shall be awarded pursuant to the provisions of subsection A of Section 208 of this title.
Added by Laws 1986, c. 83, § 3. Amended by Laws 2000, c. 363, § 22, emerg. eff. June 6, 2000; Laws 2012, c. 304, § 328; Laws 2013, c. 302, § 16, eff. Nov. 1, 2013.
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