ENERGY SAVINGS PERFORMANCE CONTRACTS.

SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.(a) Competition Requirements for Task or Delivery Orders Under Energy Savings Performance Contracts.—Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at the end the following:“(c) Task or Delivery Orders.—(1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by—“(A) notifying all contractors that have received an award under such contract that the agency proposes to discuss energy savings performance services for some or all of its facilities and, following a reasonable period of time to provide a proposal in response to the notice, soliciting from such contractors the submission of expressions of interest in, and contractor qualifications for, performing site surveys or investigations and feasibility designs and studies, and including in the notice summary information concerning energy use for any facilities that the agency has specific interest in including in such task or delivery order;“(B) reviewing all expressions of interest and qualifications submitted pursuant to the notice under subparagraph (A);“(C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions concerning the contractors’ respective qualifications to implement potential energy conservation measures, including—“(i) requesting references and specific detailed examples with respect to similar efforts and the resulting energy savings of such similar efforts; and124 STAT. 4272“(ii) requesting an explanation of how such similar efforts relate to the scope and content of the task or delivery order concerned;“(D) selecting and authorizing—“(i) more than one contractor (from among those selected under subparagraph (C)) to conduct site surveys, investigations, feasibility designs and studies, or similar assessments for the energy savings performance contract services (or for discrete portions of such services), for the purpose of allowing each such contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures; or“(ii) one contractor (from among those selected under subparagraph (C)) to conduct a site survey, investigation, feasibility design and study, or similar assessment for the purpose of allowing the contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures;“(E) providing a debriefing to any contractor not selected under subparagraph (D);“(F) negotiating a task or delivery order for energy savings performance contracting services with the contractor or contractors selected under subparagraph (D) based on the energy conservation measures identified; and“(G) issuing a task or delivery order for energy savings performance contracting services to such contractor or contractors.“(2) The issuance of a task or delivery order for energy savings performance contracting services pursuant to paragraph (1) is deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)).“(3) The Secretary may issue guidance as necessary to agencies issuing task or delivery orders pursuant to paragraph (1).”.(b) Effective Date.—The amendment made by subsection (a) is inapplicable to task or delivery orders issued before the date of enactment of this Act.