124 STAT. 4271 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(3) REVIEW PROCEDURES.—The Under Secretary shall adopt modifications as may be needed to the procedures applicable to the Challenge Program to provide for Department of Defense review of, and action on, qualifying proposals. Such procedures shall include, at a minimum, the issuance of a broad agency announcement inviting interested parties to submit qualifying proposals in areas of interest to the Depart- ment. ‘‘(4) DEFINITIONS.—In this subsection: ‘‘(A) NONDEVELOPMENTAL ITEM.—The term ‘non- developmental item’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). ‘‘(B) COVERED ACQUISITION PROGRAM.—The term ‘cov- ered acquisition program’ means any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act (15 U.S.C. 631 et seq.) ‘‘(C) LEVEL OF PERFORMANCE.—The term ‘level of performance’, with respect to a nondevelopmental item, means the extent to which the item demonstrates required item functional characteristics. ‘‘(5) SUNSET.—The authority to carry out the pilot program under this subsection shall terminate on the date that is five years after the date of the enactment of this Act.’’. SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) COMPETITION REQUIREMENTS FOR TASK OR DELIVERY ORDERS UNDER ENERGY SAVINGS PERFORMANCE CONTRACTS.—Sec- tion 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at the end the following: ‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by— ‘‘(A) notifying all contractors that have received an award under such contract that the agency proposes to discuss energy savings performance services for some or all of its facilities and, following a reasonable period of time to provide a proposal in response to the notice, soliciting from such contractors the submission of expressions of interest in, and contractor quali- fications for, performing site surveys or investigations and feasi- bility designs and studies, and including in the notice summary information concerning energy use for any facilities that the agency has specific interest in including in such task or delivery order; ‘‘(B) reviewing all expressions of interest and qualifications submitted pursuant to the notice under subparagraph (A); ‘‘(C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions con- cerning the contractors’ respective qualifications to implement potential energy conservation measures, including— ‘‘(i) requesting references and specific detailed exam- ples with respect to similar efforts and the resulting energy savings of such similar efforts; and
