[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR23.204]



[Page 467-468]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 23_ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents

 

      Subpart 23.2_Energy and Water Efficiency and Renewable Energy

 

Sec. 23.204  Energy-savings performance contracts.



    (a) Section 403 of Executive Order 13123 of June 3, 1999, Greening 

the Government through Efficient Energy Management, requires an agency 

to make maximum use of the authority provided in the National Energy 

Conservation Policy Act (42 U.S.C. 8287) to use an energy-savings 

performance contract (ESPC), when life-cycle cost-effective, to reduce 

energy use and cost in the agency's facilities and operations.



[[Page 468]]



    (b)(1) Under an ESPC, an agency can contract with an energy service 

company for a period not to exceed 25 years to improve energy efficiency 

in one or more agency facilities at no direct capital cost to the United 

States Treasury. The energy service company finances the capital costs 

of implementing energy conservation measures and receives, in return, a 

contractually determined share of the cost savings that result.

    (2) Except as provided in 10 CFR 436.34, ESPC's are subject to 

subpart 17.1.

    (c) To solicit and award an ESPC, the contracting officer--

    (1) Must use the procedures, selection method, and terms and 

conditions provided in 10 CFR part 436, subpart B; at http://

www.eren.doe.gov/femp/resources/legislation.html; and

    (2) May use the ``Qualified List'' of energy service companies 

established by the Department of Energy and other agencies.