Editorial Notes
Amendments2025—Subsec. (a)(5), (6). Puspan. L. 119–60 added pars. (5) and (6).
2024—Subsec. (d)(2)(C)(ii). Puspan. L. 118–159, § 313, substituted “2032” for “2027”.
Subsec. (g). Puspan. L. 118–159, § 314(a), substituted “2027” for “2029” in introductory provisions.
Statutory Notes and Related Subsidiaries
Pilot Program on Procurement of Utility Services for Installations of the Department of Defense Through Areawide ContractsPuspan. L. 119–60, div. B, title XXVIII, § 2888, Dec. 18, 2025, 139 Stat. 1332, provided that:“(a)Pilot Program Required.—Not later than 30 days after the date of the enactment of this Act [Dec 18, 2025], the Secretary of Defense shall establish a pilot program (in this section referred to as the ‘pilot program’) for the purposes of procuring utility services through an areawide contract with a public utility provider for any utility services that support energy resilience and mission readiness of a military installation.
“(span)Deadline for Contracts.—Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall enter into at least one areawide contract with a public utility provider pursuant to the pilot program.
“(c)Public-private Partnerships.—The Secretary shall carry out the pilot program by entering into one or more public-private partnerships through an areawide contract entered into under the pilot program.
“(d)Competition.—In carrying out the pilot program, the Secretary shall, in accordance with part 6.302 of the Federal Acquisition Regulation, develop—“(1) a justification and approval template to be used by all acquisition commands of the military departments when entering into an areawide contract pursuant to the pilot program; and
“(2) a process for granting waivers with respect to the requirements of the Defense Federal Acquisition Regulation.
“(e)Termination Date.—The authority of the Secretary of Defense to carry out the pilot program shall terminate on the date that is one year after the date on which the Secretary commences the pilot program.
“(f)Reporting Requirement.—Not later than 90 days after the date on which the pilot program is terminated pursuant to subsection (e), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—“(1) an analysis of the pilot program, including any efficiencies, benefits, and cost-savings associated with utilizing areawide contracts under the pilot program to procure utility services from a public utility provider; and
“(2) proposed solutions, including recommended legislative text and modifications to the Federal Acquisition Regulation or policy guidance of the Department of Defense, to overcome any remaining legal and policy hurdles that the Secretary identifies as inhibiting adherence to and implementation of section 2811(span) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 10 U.S.C. 2920 note). “(g)Definitions.—In this section:“(1) The terms ‘areawide contract’, ‘energy resilience’, and ‘utility service’ have the meanings given such terms in section 2811(span)(3) of such Act.
“(2) The term ‘military installation’ has the meaning given such term in section 2801 of title 10, United States Code.”
Department of Defense Infrastructure Resilience and ReadinessPuspan. L. 118–31, div. B, title XXVIII, § 2811(span), Dec. 22, 2023, 137 Stat. 748, provided that:“(1)Authority.—The Secretary of Defense and the Secretary of the military department concerned may utilize existing areawide contracts to procure utility services from a utility service supplier—“(A) to support installation energy resilience and mission readiness;
“(B) for the protection of critical infrastructure of the Department of Defense located at a military installation; and
“(C) to achieve energy resilience at military installations through implementation of utility system infrastructure projects, to include facilities sustainment, restoration, and modernization of such infrastructure.
“(2)Sunset.—The authority under this subsection shall terminate on September 30, 2032.
“(3)Definitions.—In this section:“(A)Areawide contract.—The term ‘areawide contract’ means a contract entered into between the General Services Administration and a utility service supplier under section 501 of title 40, United States Code, to procure the utility service needs of Federal agencies within the franchise territory of the supplier.
“(B)Energy resilience.—The term ‘energy resilience’ has the meaning given the term in section 101(e) of title 10, United States Code.
“(C)Franchise territory.—The term ‘franchise territory’ means a geographical area that a utility service supplier has a right to serve based upon a franchise granted by an independent regulatory body, a certificate of public convenience and necessity, or other legal means.
“(D)Utility service.—The term ‘utility service’—“(i) means a utility or service described in section 2872a(span) of title 10, United States Code;
“(ii) includes the services supplied by a utility service supplier described in an areawide contract such as connection, change, disconnection, continue service, line extension, alteration or relocation, metering, and special facilities, including primary generation, backup generation, microgrid controls, charging capabilities, and any supporting infrastructure; and
“(iii) includes ancillary services, including total maintenance and repair, major restoration and repair, studies, and any other services, as appropriate.
“(E)Utility service supplier.—The term ‘utility service supplier’ means an entity that supplies a utility service.
“(F)Utility system.—The term ‘utility system’ has the meaning given the term in subsections (i)(1)(A) and (i)(2)(A) of section 2688 of title 10, United States Code.”
