Page:United States Statutes at Large Volume 106 Part 4.djvu/117

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2853 "(ii) funds are available and adequate for payment of the costs of such contract for the first fiscal year; "(iii) 30 days before the award of any such contract that contains a clause setting forth a cancellation ceiling in excess of $750,000, 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 "(iv) such contract is governed by part 17.1 of the Federal Acquisition Regulation promulgated under section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) or the applicable rules promulgated under this title. "(b) IMPLEMENTATION.— (I)(A) The Secretary, with the concurrence of the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act, not later than 180 days after the date of the enactment of the Energy Policy Act of 1992, shall, by rule, establish appropriate procedures and methods for use by Federal agencies to select, monitor, and terminate contracts with energy service contractors in accordance with laws governing Federal procurement that will achieve the intent of this section in a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall determine which existing regulations are inconsistent with the intent of this section and shall formulate substitute regulations consistent with laws governing Federal procurement. "(B) The procedures and methods established pursuant to subparagraph (A) shall be the procedvires and contracting methods for selection, by an agency, of a contractor to provide energy savings performance services. Such procedures and methods shall provide for the calculation of energy savings based on sound engineering and financial practices. "(2) The procedures and methods established pursuant to paragraph (I)(A) shall— "(A) allow the Secretary to— "(i) request statements of qualifications, which shall, at a minimum, include prior experience and capabilities of contractors to perform the proposed types of energy savings services and financial and performance information, n-om firms engaged in providing energy savings services; and "(ii) from the statements received, designate and pregare a Ust, with an update at least annually, of those rms that are qualified to provide energy savings services; "(B) require each agency to use the Ust prepared by the Secretary pursuant to subparagraph (A)(ii) unless the agency elects to develop an agency Ust of firms qualified to provide energy savings performance services using the same selection procedures and methods as are required of the Secretary in preparing such Usts; and "(C) allow the head of each agency to— "(i) select firms from the Ust prepared pursuant to subparagraph (A)(ii) or the Ust prepared by the agency pursuant to subparagraph (B) to conduct discussions concerning a particular proposed energy savings project, including requesting a technical and price proposal from such selectedfirmstor such project;

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