ENERGY CONTRACTING IN THE PUBLIC SECTOR


The public sector (the government, municipalities, public institutions and public corporations) owns many buildings and energy infrastructures that are very wasteful and in many cases inefficient due to their age, thus services and business models of energy contracting are especially appropriate for the sector.

The establishment and cooperation of public and private partnership within the framework of business models of energy contracting is considered a public-private partnership in the broadest sense of the word, therefore it is necessary to observe the provisions of Slovenian and European legislation when concluding contractual relationships, namely:
  • the Public Finance Act - ZJF
  • the Public-Private Partnership Act - ZJZP
  • the Public Utilities Act - ZGJS
  • the Public Procurement Act - ZJN.

The Energy Performance Contract and Energy Supply Contract in the Field of Selection Public Utility Services


Whenever the models of energy contracting are used in activities that are defined in the Public Utilities Act (ZGJS) as selection public utility services (public lighting, production and heat distribution, etc.), the contractual cooperation between the public and the private partner is established according to the procedure of awarding the concession for performing a public service in accordance with the ZGJS, which means that the public partner adopts a Decree – a concession act on the performance of a public service and then implements an invitation to tender for awarding the concession, which can be a public-private or public procurement partnership. The decision on awarding the concession is made through an Administrative Decision, and a concession contract is concluded.

Energy Performance Contract (EPC) and Energy Supply Contract (ESC) in Public Sector


In cases where there are no public utility services, the projects are implemented as public-private partnerships in the form of a public procurement public-private partnership as provided for by the ZJZP. The public partner adopts an Act on Public-Private Partnership that is followed by an invitation to tender according to the provisions of the ZJN. The selection and all other activities are performed in accordance with the provisions of the ZJN, and a classic energy performance contract and an energy supply contract are signed.


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T +386 4 575 30 00
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