§2913 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must create a simpler way to hire companies for shared energy savings projects at military bases. The Secretary can ask companies for short qualification papers with financial and past-performance details, keep a list of firms that are presumed qualified (updated at least once a year), pick at least three firms from that list to discuss a specific project and get technical and price offers, and then choose the most qualified firm for a fair and reasonable contract. The Secretary can also let departments and agencies directly negotiate with competitively chosen contractors that a local gas or electric utility has approved. The Secretary must encourage each military department and agency to join utility programs that manage energy demand or save energy. The Secretary can allow a base to accept money, goods, or services from state or local governments or utilities when those help meet Defense energy goals. A military department secretary can make agreements with utilities to design and run cost-effective demand and conservation programs, including installing and maintaining energy-saving equipment. If a utility pays upfront for such work and the United States will repay those costs, the repayment terms must be no worse than the utility’s best customer gets. Repayment depends on available appropriations and comes from funds used to buy utility services. Any energy-saving equipment installed under these deals must become the property of the United States, either during the agreement or when it ends, whichever is best for the United States.

Title 10, §2913

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to military installations and will reduce the administrative effort and cost on the part of the Department of Defense as well as the private sector.

(2)In carrying out paragraph (1), the Secretary of Defense may—

(A)request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting;

(B)designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services;

(C)select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and

(D)select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project.

(3)In carrying out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned.

(b)The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of energy demand or for energy conservation.

(c)The Secretary of Defense may authorize any military installation to accept any financial incentive, goods, or services generally available from a State or local government or gas or electric utility, to adopt technologies and practices that the Secretary determines are in the interests of the United States and consistent with the energy performance goals for the Department of Defense.

(d)(1)The Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation.

(2)If an agreement under this subsection provides for a utility to advance financing costs for the design or implementation of a program referred to in that paragraph to be repaid by the United States, the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer.

(3)Subject to the availability of appropriations, repayment of costs advanced under paragraph (2) shall be made from funds available to a military department for the purchase of utility services.

(4)An agreement under this subsection shall provide that title to any energy-saving device or technology installed at a military installation pursuant to the agreement vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (c). Pub. L. 116–92, § 320(a)(1)(A), substituted “government or” for “government”. Pub. L. 116–92, § 1731(a)(58), substituted “government gas or electric utility” for “government a gas or electric utility”. Amendment executed before amendment by section 320(a)(1)(A) of Pub. L. 116–92, see above, pursuant to section 1731(f) of Pub. L. 116–92, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title. 2018—Subsec. (c). Pub. L. 115–232 inserted “a State or local government” after “generally available from”. 2008—Subsec. (e). Pub. L. 110–181, which directed the amendment of this section by striking out subsec. (e), could not be executed because subsec. (e) was previously repealed by Pub. L. 110–140, § 511(c). See 2007 Amendment note below. 2007—Subsec. (e). Pub. L. 110–140 struck out heading and text of subsec. (e). Text read as follows: “When a decision is made to award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of Congress written notification of the proposed contract and of the proposed cancellation ceiling for the contract. The notification shall include the justification for the proposed cancellation ceiling. The contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.” 2006—Subsec. (e). Pub. L. 109–364, § 2853, added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

§2913 Energy Savings Contracts and Activities

Summary

Title 10, §2913

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata