What uptime should you require in a charging contract?
Require the federal definition, and require the percentage to be measured per port rather than averaged across the site. The rule governing federally funded charging, 23 CFR Part 680, sets an annual uptime threshold of greater than 97 percent and — far more valuable to you — defines how uptime is calculated and what may be excluded from the calculation. That definition is worth more than the number. A 99 percent commitment that quietly excludes network outages, utility events, parts lead times, vandalism and anything the vendor labels force majeure guarantees you nothing at all, while 97 percent measured against a tight definition, per port, with a restoration clock and a remedy attached, is a real obligation. Note that Part 680 binds federally funded stations, not your private lot. You are borrowing its definition as a contracting tool, which is exactly what it is good for.
Updated 2026-08-20
Why the definition beats the percentage
Uptime is a fraction, and a vendor writing their own contract controls the denominator and every exclusion in the numerator.
What the federal rule actually establishes
Part 680 sets a threshold, a calculation method, a set of exclusions and a reporting obligation — four things, and the last three are the ones to copy.
Per port, not per site
Averaging across a site is the single most effective way to make a bad uptime number look fine.
The exclusions to argue about
Every exclusion is a hole. Some are reasonable and some silently swallow the whole commitment.
A remedy, or it is not an SLA
A commitment without a consequence is a description. Attach an escalating remedy and a way out.
What to actually ask for
Six lines. Put them in the RFP and score bids against them.
What is a good uptime guarantee for EV chargers?
97 percent per port per year, calculated the way 23 CFR Part 680 defines it, with a closed exclusion list and a restoration clock. That is stronger than a 99 percent number written by the vendor, because the vendor's version usually excludes their own network, parts lead times and anything upstream, and averages across the site so one dead port disappears. Negotiate the definition first; the percentage is the easy part.
What does 97 percent uptime allow in practice?
About 263 hours a year on an 8,760-hour year, which is roughly eleven days per port. That sounds generous until you consider that it is meant as a floor for publicly funded infrastructure rather than a target. Pair it with a cap on consecutive downtime for any one port, because eleven days spread across the year and eleven days in one stretch are very different experiences for the people using the ports.
Does the federal uptime rule apply to our private parking lot?
No. 23 CFR Part 680 governs charging funded under the federal programs it covers, not private commercial installations. You are borrowing its definition as a contracting tool, which is its most useful application off-corridor. It also happens to be easier to get a vendor to accept, because it is a published federal standard rather than something you drafted.
Should uptime be measured per port or across the whole site?
Per port, always. Site averaging hides exactly the failure you care about. With eight ports, one dead for six weeks still averages around 98.5 percent across the site and passes most commitments, while the port itself is at about 88 percent. Your residents experienced the second number.
What remedy should an uptime SLA carry?
Service credits are standard and largely symbolic, since the subscription is small relative to what a dead port costs you. Take them for the paper trail, then add the remedy with teeth: a termination right for sustained failure, with an obligation to release the chargers to another network operator within a defined period. Confirm the hardware speaks a certified open protocol, or that termination right is worth nothing.
Who verifies whether a charger was actually down?
Usually the vendor's own telemetry, which is why access to the raw availability data belongs in the contract. Require that you can export it rather than receiving a summary. If the site has any independent evidence — a facilities log, a weekly walk, resident reports — keep it, because a disputed uptime figure is settled by whoever has records.
- eCFR — 23 CFR Part 680, National Electric Vehicle Infrastructure Standards and Requirements (uptime threshold, calculation method, exclusions, data submittal)
- US DOE Alternative Fuels Data Center — charging infrastructure basics
- Open Charge Alliance — OCPP protocol and certification program (portability of chargers on termination)
Know the capital number before you negotiate the service one
Uptime terms are easier to hold when you know what the ports cost to put in the ground. Enter your port count, the distance from your service and what the route crosses, and the estimate breaks the install into line items.