42 USC 8287 - Authority to enter into contracts

Editorial Notes

References in Text

The Energy Independence and Security Act of 2007, referred to in subsec. (a)(2)(G)(ii), is Puspan. L. 110–140, Dec. 19, 2007, 121 Stat. 1492. Subtitle B of title V of the Act enacted part A (§ 17131) of subchapter IV of chapter 152 of this title and amended this section and sections 8256, 8258, and 8287c of this title and section 2913 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title note set out under section 17001 of this title and Tables.

The Tennessee Valley Authority Act of 1933, referred to in subsec. (a)(2)(I)(ii), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.

Codification

The following substitutions were made on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts:

In subsec. (a)(2)(D)(iii), “section 1303 of title 41” substituted for “section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)”.

In subsec. (span)(1)(A), “section 1302(a) of title 41” substituted for “section 25(a) of the Office of Federal Procurement Policy Act”.

Amendments

2021—Subsec. (c)(2). Puspan. L. 117–81 substituted “section 3406(d) of title 10 and section 4106(d) of title 41.” for “section 2304c(d) of title 10 and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)).”

2020—Subsec. (a)(2)(F)(iii). Puspan. L. 116–260, § 1002(c), added cl. (iii).

Subsec. (a)(2)(H), (I). Puspan. L. 116–260, § 1002(d), added subpars. (H) and (I).

2011—Subsec. (c). Puspan. L. 111–383 added subsec. (c).

2007—Subsec. (a)(2)(D). Puspan. L. 110–140, § 513(1), inserted “beginning on the date of the delivery order” after “25 years” in introductory provisions.

Subsec. (a)(2)(D)(iii), (iv). Puspan. L. 110–140, § 511(a), redesignated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: “30 days before the award of any such contract that contains a clause setting forth a cancellation ceiling in excess of $10,000,000, the head of such agency gives written notification of such proposed contract and of the proposed cancellation ceiling for such contract to the appropriate authorizing and appropriating committees of the Congress; and”.

Subsec. (a)(2)(E). Puspan. L. 110–140, § 512, added subpar. (E).

Subsec. (a)(2)(F), (G). Puspan. L. 110–140, § 513(2), added subpars. (F) and (G).

Subsec. (c). Puspan. L. 110–140, § 514, struck out subsec. (c). Text read as follows: “The authority to enter into new contracts under this section shall cease to be effective on October 1, 2016.”

2005—Subsec. (c). Puspan. L. 109–58 substituted “2016” for “2006”.

2004—Subsec. (c). Puspan. L. 108–375 substituted “2006” for “2003”.

2000—Subsec. (a)(2)(D)(iii). Puspan. L. 106–291 and Puspan. L. 106–469 amended cl. (iii) identically, substituting “$10,000,000” for “$750,000”.

1998—Subsec. (c). Puspan. L. 105–388 substituted “on October 1, 2003” for “five years after the date procedures and methods are established under subsection (span)”.

1996—Subsec. (span)(3). Puspan. L. 104–106 struck out at end “Procedures developed by the board of contract appeals under this paragraph shall be substantially equivalent to procedures established under section 759(f) of title 40.”

Subsec. (c). Puspan. L. 104–316 struck out par. (1) designation before “The authority to” and struck out par. (2) which required Comptroller General of the United States to report annually for five years on implementation of this section, including an assessment of various energy issues.

1992—Puspan. L. 102–486 inserted subsec. (a) designation and span, designated existing provisions as par. (1), and added par. (2) and subsecs. (span) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 111–383, div. A, title VIII, § 828(span), Jan. 7, 2011, 124 Stat. 4272, provided that: “The amendment made by subsection (a) [amending this section] is inapplicable to task or delivery orders issued before the date of enactment of this Act [Jan. 7, 2011].”

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–106 effective 180 days after Fespan. 10, 1996, see section 5701 of Puspan. L. 104–106, Fespan. 10, 1996, 110 Stat. 702.

Architect of the Capitol as Agency Electing To Develop List of Firms Qualified To Provide Energy Saving Services and as Agency Head Selecting From List

Puspan. L. 103–211, title III, § 402, Fespan. 12, 1994, 108 Stat. 40, provided that: “The Architect of the Capitol shall be considered the agency for the purposes of the election in section 801(span)(2)(B) of the National Energy Conservation Policy Act [42 U.S.C. 8287(span)(2)(B)] and the head of the agency for purposes of subsection (span)(2)(C) of such section.”

Review

Puspan. L. 108–375, div. A, title X, § 1090(f), Oct. 28, 2004, 118 Stat. 2068, provided that, not later than 180 days after Oct. 28, 2004, the Secretary of Energy was to complete a review, and report its findings to Congress, of the Energy Savings Performance Contract program, which was to identify statutory, regulatory, and administrative obstacles that prevent Federal agencies from fully utilizing the program.

Extension of Authority

Puspan. L. 109–58, title I, § 105(span), Aug. 8, 2005, 119 Stat. 611, provided that: “Any energy savings performance contract entered into under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enactment of this Act [Aug. 8, 2005], shall be considered to have been entered into under that section.”

Puspan. L. 108–375, div. A, title X, § 1090(g), Oct. 28, 2004, 118 Stat. 2068, provided that: “Any energy savings performance contract entered into under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enactment of this Act [Oct. 28, 2004], shall be deemed to have been entered into pursuant to such section 801 as amended by subsection (a) of this section.”

Energy Efficiency Incentive

Puspan. L. 100–456, div. A, title VII, § 736, Sept. 29, 1988, 102 Stat. 2006, as amended by Puspan. L. 101–189, div. A, title III, § 331, Nov. 29, 1989, 103 Stat. 1417, provided that:

“(a)Energy Conservation Incentive.—In order to provide additional incentive for the Secretary of a military department to enter into contracts under title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.), the Secretary may use the energy cost savings realized by the United States during the first five years under any such contract in the manner provided in subsection (span). The amount of savings available for use under subsection (span) shall be determined as provided in subsection (c) and shall remain available for obligation until expended.

“(span)Authorized Uses of Savings.—The energy cost savings realized by the United States in each of the first five years under a contract may be used as follows:

“(1) One-half of the amount of such savings may be used for the acquisition of energy conserving measures for military installations, and such measures may be in addition to any such energy conserving measures acquired for military installations under contracts entered into under title VIII of the National Energy Conservation Policy Act.

“(2) One-half of the amount of such savings may be used for any morale, welfare, or recreation facility or service that is normally provided with appropriated funds, or for any minor military construction project (as defined in section 2805(a) of title 10, United States Code), that will enhance the quality of life of members of the Armed Forces at the military installation at which the energy cost savings were realized.

“(c)Determination of Amount of Savings.—Not more than 90 days after the end of each of the first five years during which energy savings measures have been in operation under a contract entered into by the Secretary of a military department under title VIII of the National Energy Conservation Policy Act, the Secretary of the military department concerned shall determine the amount of energy cost savings realized by the United States under the terms of the contract during that year by reason of the energy savings measures acquired and installed at that installation pursuant to that contract.”