Operation And Maintenance Agreement Solar Power Plant Template for Indonesia

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Key Requirements PROMPT example:

Operation And Maintenance Agreement Solar Power Plant

"I need an Operation and Maintenance Agreement Solar Power Plant for our new 50MW facility in East Java, Indonesia, scheduled to commence operations in March 2025, with specific performance guarantees and availability requirements of 99% to meet our power purchase agreement obligations."

Document background
The Operation And Maintenance Agreement Solar Power Plant is a crucial document used when engaging a specialized contractor to operate and maintain a solar power facility in Indonesia. This agreement is essential for solar power plant owners who need to ensure professional management of their facilities while complying with Indonesian regulations, particularly those set by the Ministry of Energy and Mineral Resources. The document typically comes into play after construction completion and commissioning, establishing the framework for ongoing operations. It includes detailed provisions for maintenance schedules, performance standards, technical requirements, safety protocols, and reporting obligations. The agreement must align with Indonesian energy laws, environmental regulations, and technical standards while addressing specific requirements for grid connection through PLN (the state electricity company). This template is particularly relevant for projects under Indonesia's renewable energy development program and must incorporate local content requirements and specific technical standards for solar power installations.
Suggested Sections

1. Parties: Identification of the facility owner and the O&M contractor, including their complete legal names and addresses

2. Background: Context of the agreement, description of the solar power plant facility, and the parties' intentions

3. Definitions and Interpretation: Detailed definitions of technical and legal terms used throughout the agreement, and rules of interpretation

4. Scope of Services: Detailed description of operation and maintenance services to be provided, including both routine and preventive maintenance

5. Term and Renewal: Duration of the agreement, conditions for renewal, and termination provisions

6. Contractor's Obligations: Specific responsibilities of the O&M contractor, including maintenance schedules, reporting requirements, and performance standards

7. Owner's Obligations: Responsibilities of the facility owner, including access rights, provision of information, and payment obligations

8. Performance Standards: Required performance metrics, availability guarantees, and response times for various categories of maintenance issues

9. Compensation and Payment Terms: Fee structure, payment schedule, and any performance-based incentives or penalties

10. Reporting and Documentation: Requirements for operational reports, maintenance records, and performance documentation

11. Health, Safety and Environmental Requirements: Safety protocols, environmental compliance requirements, and related procedures

12. Spare Parts and Inventory Management: Requirements for maintaining spare parts inventory and procurement procedures

13. Warranties and Quality Assurance: Contractor's warranties regarding services and any pass-through warranties for parts and equipment

14. Insurance and Liability: Required insurance coverage and allocation of risks between parties

15. Force Majeure: Definition of force majeure events and their consequences

16. Termination: Grounds for termination, termination procedures, and consequences of termination

17. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law provisions

18. Confidentiality: Protection of confidential information and trade secrets

19. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment rights

Optional Sections

1. Performance Bond: Requirements for performance security, typically included for larger facilities or where required by local regulations

2. Training and Knowledge Transfer: Provisions for training owner's personnel, included when the owner wants to develop internal capabilities

3. Technology Upgrade: Procedures for implementing technological improvements, included for longer-term agreements

4. Grid Interface Management: Specific provisions for managing grid connection and compliance, included when the contractor is responsible for grid interface

5. Local Content Requirements: Provisions addressing Indonesian local content requirements, included when applicable under local regulations

6. Emergency Response: Detailed emergency response procedures, included for larger facilities or those in sensitive locations

7. Subsidy Compliance: Provisions ensuring compliance with renewable energy subsidy requirements, included when the facility receives government incentives

Suggested Schedules

1. Facility Description: Detailed technical specifications of the solar power plant

2. Scope of Services Matrix: Detailed breakdown of all operation and maintenance tasks, frequencies, and responsibilities

3. Performance Standards and KPIs: Detailed performance metrics, measurement methodologies, and minimum requirements

4. Preventive Maintenance Schedule: Detailed calendar of routine and preventive maintenance activities

5. Fee Schedule: Detailed breakdown of fees, including fixed fees, variable components, and escalation formulas

6. Required Reports and Forms: Templates and formats for all required operational and maintenance reports

7. HSE Requirements: Detailed health, safety, and environmental procedures and requirements

8. Spare Parts List: Minimum inventory requirements and specifications for spare parts

9. Emergency Response Procedures: Detailed procedures for various emergency scenarios

10. Contact Details: Key personnel and contact information for both parties

11. Site Access Procedures: Protocols for accessing the facility and security requirements

12. Handover Requirements: Detailed requirements for facility handover at contract expiry or termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Renewable Energy

Solar Power

Energy Infrastructure

Utilities

Power Generation

Green Technology

Engineering Services

Facility Management

Infrastructure Maintenance

Clean Energy

Relevant Teams

Legal

Operations

Maintenance

Engineering

Health Safety and Environment

Procurement

Contract Administration

Risk Management

Technical Services

Quality Assurance

Commercial

Project Management

Regulatory Compliance

Relevant Roles

Facility Manager

Operations Director

Maintenance Manager

Technical Director

Project Manager

Health and Safety Officer

Environmental Compliance Manager

Contract Administrator

Procurement Manager

Energy Systems Engineer

Solar Plant Supervisor

Performance Monitoring Specialist

Grid Connection Manager

Quality Assurance Manager

Risk Manager

Legal Counsel

Commercial Manager

Industries
Law No. 30 of 2009 on Electricity: The primary legislation governing electricity generation, transmission, and distribution in Indonesia. Sets out licensing requirements and technical standards for power plants.
Government Regulation No. 79 of 2014 on National Energy Policy: Establishes the framework for renewable energy development and sets targets for renewable energy contribution to the national energy mix.
Minister of Energy and Mineral Resources Regulation No. 50 of 2017: Regulates the utilization of renewable energy sources for electricity generation, including specific provisions for solar power plants.
Law No. 32 of 2009 on Environmental Protection and Management: Sets environmental standards and requirements for power generation facilities, including environmental impact assessments.
Law No. 13 of 2003 on Manpower: Governs employment relationships, worker safety, and labor standards that must be observed in the operation and maintenance of the facility.
Government Regulation No. 14 of 2012 on Electricity Business Provision: Details the requirements for operating power generation facilities and technical standards for maintenance.
MEMR Regulation No. 49 of 2018: Regulates the use of rooftop solar power systems and their connection to the grid, including technical specifications and safety standards.
Law No. 25 of 2007 on Investment: Governs foreign and domestic investment in power generation projects, including requirements and restrictions.
Government Regulation No. 24 of 2018 on Online Single Submission: Regulates business licensing procedures, including permits required for operating power generation facilities.
SNI Standards for Solar Power Installation: Indonesian National Standards (SNI) specific to solar power installations, covering technical requirements and safety standards.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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