Page:United States Statutes at Large Volume 106 Part 4.djvu/118

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106 STAT. 2854 PUBLIC LAW 102-486—OCT. 24, 1992 "(ii) select from such firms the most qualified firm to provide energy savings services based on technical and price proposals and any other relevant information; "(iii) permit receipt of imsolicited proposals for energy savings performance contracting servicesfiroma firm that such agency has determined is qualified to provide such services under the procedures established pursuant to paragraph dXA), and require agency facility managers to place a notice in the Commerce Business Dail^ announcing they have received such a proposal and invite other similarly qualified firms to submit competing proposals; and "(iv) enter into an energy savings performance contract with a firm qualified under clause (iii), consistent with the procediu-es and methods established pursuant to paragraph (I)(A). "(3) Afirmnot designated as qualified to provide energy savings services under paragraph (2)(A)(i) or paragraph (2)(B) may request a review of such decision to be conducted in accordance with procedures to be developed by the board of contract appeals of the General Services Administration. Procedures developed by the board of contract appeals under this paragraph shall be substaintially equivalent to procedures established under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)). "(c) SUNSET AND REPORTING REQUIREMENTS. — (1) The authority to enter into new contracts under this section shall cease to be effective five years after the date procedures and methods are established under subsection (b). "(2) Beginning one year after the date procedures and methods are established under subsection (b), and annually thereafter, for a period of five years after such date, the Comptroller General of the United States shall report on the implementation of this section. Such reports shall include, but not be limited to, an assessment of the following issues: "(A) The quality of the energy audits conducted for the agencies. "(B) The Government's ability to maximize energy savings. "(C) The total energy cost savings accrued by the agencies that have entered into such contracts. "(D) The total costs associated with entering into and performing such contracts. "(£) A comparison of the total costs incurred by agencies under such contracts and the total costs incurred under similar contracts performed in the private sector. "(F) The number of firms selected as Qualified firms under this section and their respective shares ot awarded contracts. "(G) The number of nrms engaged in similar activity in the private sector and their respective market shares. "(H) The number of applicant firms not selected as qualified firms under this section and the reason for their nonselection. "(I) The frequency with which agencies have utilized the services of Government labs to perform any of the functions spedfied in this section. "(J) With the respect to the final report submitted pursuant to this paragraph, an assessment of whether the contracting procedures developed pursucmt to this section and utilized by agencies have been effective and whether continued use of