261 ENERGY LAW Administrations planning to conclude an EPC must first prepare a survey report or have it prepared by energy efficiency consultancy companies who are authorized by the Ministry of Energy and Natural Resources (“Ministry”). The survey report is the final report that includes studies determining energy saving potentials calculated within the scope of studies, aimed at increasing energy efficiency, and the energy efficiency measures for the recovery of these potentials through measurement, calculation and market research. The format of the survey report was determined through the Communiqué (Annex-1 of the Communiqué). Thus, the survey reports shall be prepared in accordance with the format attached to the Communiqué. For the purposes of the Communiqué, detailed regulations cover preparation of the tender documents, and announcement of the tender. The legal person bidders shall determine their offers by carrying out all necessary studies for the purpose of signing the EPC. The bidders are not allowed to bid for tenders by forming a consortium. Also, the bidders shall present their analysis in order to evaluate the effect of each energy efficiency measure in their offers, and calculate how much net benefit (NPV account in TRY) is to be realized by the Administration. The EPC period offered by the bidders cannot exceed the period specified in the specification, and in any event, no more than 15 years. In order for the tender to be finalized, at least two bids that are deemed valid by the tender offer evaluation commission must be received; otherwise, the tender will be canceled. As a result of the examination made by the tender offer evaluation commission, the bid with the highest NPV in terms of net benefit to be provided to Administration from amongst the bids that are deemed to be appropriate will be accepted as the most appropriate bid. If the NPVs are equal, the bid with the shortest contract period is considered as the most suitable one. Following the receipt and evaluation of the bids, the Administration signs the EPC following the submission of the performance bond and other required documents with the most suitable first bidder. One of the most important issues brought by the Communiqué is the inclusion of the tender specification and EPC draft in the Annexes of the Communiqué (Annex-2 and Annex-3 of the Communiqué). The EPC implementation was clarified with these draft regulations.
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