--- kind: "section" citation: "10 U.S.C. § 2913" title: "10" title_heading: "Armed Forces" number: "2913" heading: "Energy savings contracts and activities" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2913" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 173 — Energy Security" - "Subchapter I — Energy Security Activities" --- # §2913. Energy savings contracts and activities - (a) **Shared Energy Savings Contracts.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to [military installations](/usc/10/2801.md?p=c-4) and will reduce the administrative effort and cost on the part of the [Department](/usc/10/101.md?p=a-6) of Defense as well as the private sector. - (2) In carrying out [paragraph (1)](#a-1), the [Secretary](/usc/10/4951.md?p=3) of Defense may— - (A) request statements of qualifications (as prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting; - (B) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services; - (C) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and - (D) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the [Secretary](/usc/10/4951.md?p=3) determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project. - (3) In carrying out [paragraph (1)](#a-1), the [Secretary](/usc/10/4951.md?p=3) may also provide for the direct negotiation, by [departments](/usc/10/101.md?p=a-6), [agencies](/usc/10/3451.md?p=3), and instrumentalities of the [Department](/usc/10/101.md?p=a-6) of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the [department](/usc/10/101.md?p=a-6), [agency](/usc/10/3451.md?p=3), or instrumentality concerned. - (b) **Participation in Gas or Electric Utility Programs.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall permit and encourage each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6), [Defense Agency](/usc/10/101.md?p=a-11), and other instrumentality of the [Department](/usc/10/101.md?p=a-6) of Defense to participate in [programs](/usc/10/2101.md?p=1) conducted by any gas or electric utility for the management of energy demand or for energy conservation. - (c) **Acceptance of Financial Incentive, Goods, or Services.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may authorize any [military installation](/usc/10/2801.md?p=c-4) to accept any financial incentive, goods, or services generally available from a [State](/usc/10/4951.md?p=4) or [local government](/usc/10/4951.md?p=4) or gas or electric utility, to adopt technologies and practices that the [Secretary](/usc/10/4951.md?p=3) determines are in the interests of the [United States](/usc/10/101.md?p=a-1) and consistent with the energy performance goals for the [Department](/usc/10/101.md?p=a-6) of Defense. - (d) **Agreements With Gas or Electric Utilities.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may authorize the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) having jurisdiction over a [military installation](/usc/10/2801.md?p=c-4) to enter into agreements with gas or electric utilities to design and implement [cost-effective](/usc/10/3101.md?p=3) demand and conservation incentive [programs](/usc/10/2101.md?p=1) (including energy management services, [facilities](/usc/10/2700.md?p=2) alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation. - (2) If an agreement under this subsection provides for a utility to advance financing costs for the design or implementation of a [program](/usc/10/2101.md?p=1) referred to in that paragraph to be repaid by the [United States](/usc/10/101.md?p=a-1), the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer. - (3) Subject to the availability of appropriations, repayment of costs advanced under [paragraph (2)](#d-2) shall be made from funds available to a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) for the purchase of utility services. - (4) An agreement under this subsection shall provide that title to any energy-saving device or technology installed at a [military installation](/usc/10/2801.md?p=c-4) pursuant to the agreement vest in the [United States](/usc/10/101.md?p=a-1). Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the [United States](/usc/10/101.md?p=a-1). ## Source credit (Added and amended Pub. L. 109–364, div. B, title XXVIII, §§ 2851(a)(1), 2853, Oct. 17, 2006, 120 Stat. 2491, 2496; Pub. L. 110–140, title V, § 511(c), Dec. 19, 2007, 121 Stat. 1658; Pub. L. 110–181, div. B, title XXVIII, § 2861, Jan. 28, 2008, 122 Stat. 559; Pub. L. 115–232, div. A, title III, § 312(g), Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 320(a)(1)(A), title XVII, § 1731(a)(58), Dec. 20, 2019, 133 Stat. 1306, 1815.) ## Notes ### Editorial Notes ### Amendments 2019—Subsec. (c). Pub. L. 116–92, § 320(a)(1)(A), substituted “government or” for “government”. Pub. L. 116–92, § 1731(a)(58), substituted “government gas or electric utility” for “government a gas or electric utility”. Amendment executed before amendment by section 320(a)(1)(A) of Pub. L. 116–92, see above, pursuant to section 1731(f) of Pub. L. 116–92, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title. 2018—Subsec. (c). Pub. L. 115–232 inserted “a State or local government” after “generally available from”. 2008—Subsec. (e). Pub. L. 110–181, which directed the amendment of this section by striking out subsec. (e), could not be executed because subsec. (e) was previously repealed by Pub. L. 110–140, § 511(c). See 2007 Amendment note below. 2007—Subsec. (e). Pub. L. 110–140 struck out heading and text of subsec. (e). Text read as follows: “When a decision is made to award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of Congress written notification of the proposed contract and of the proposed cancellation ceiling for the contract. The notification shall include the justification for the proposed cancellation ceiling. The contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.” 2006—Subsec. (e). Pub. L. 109–364, § 2853, added subsec. (e). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2007 Amendment Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.