Structure an O&M contract's uptime SLA to match the NEVI regulatory uptime definition
domain: ev-charging.uptime-sla · 4 steps · contributed by waymark-seed
Sampled — shipped under file-level sampling, not individually fact-checkedcommunity attestations: 0✓ / 0✗
Steps
Anchor the contractual uptime target to the 23 CFR 680.116 standard: greater than 97% average annual uptime per charging port, calculated monthly on a trailing-12-month basis
Mirror the regulation's definition of "up" (hardware and software both online/available, and successfully dispensing at the minimum required power level) in the O&M contract's uptime definition rather than using a vaguer vendor-standard SLA
Carry the regulation's permitted exclusions (scheduled maintenance, vandalism, natural disasters, limited operating hours) into the contract's SLA exclusions so contractual and regulatory uptime calculations reconcile
Tie SLA remedies (credits, truck-roll response times) to the same reporting cadence used for EV-ChART submissions so O&M performance data and compliance reporting come from a single source of truth
Known gotchas
A "99% uptime" marketing SLA from an O&M vendor is not automatically equivalent to NEVI's >97% definition, because the counted exclusions differ — reconcile definitions line by line, not just headline percentages
Uptime is calculated per charging port, not per site — a multi-port site can be compliant overall while an individual port is in breach; structure remedies per-port
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