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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations

NDAA Section

House Conference Report 110-477

SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE ENERGY SOURCES.

(a) Multiyear Contract Authority- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2410q. Multiyear contracts: purchase of electricity from renewable energy sources

`(a) Multiyear Contracts Authorized- Subject to subsection (b), the Secretary of Defense may enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).

`(b) Limitations on Contracts for Periods in Excess of Five Years- The Secretary may exercise the authority in subsection (a) to enter into a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case analysis prepared by the Department of Defense, that--

`(1) the proposed purchase of electricity under such contract is cost effective for the Department of Defense; and

`(2) it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.

`(c) Relationship to Other Multiyear Contracting Authority- Nothing in this section shall be construed to preclude the Department of Defense from using other multiyear contracting authority of the Department to purchase renewable energy.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:

The Senate amendment contained a provision (sec. 826) that would authorize the Secretary of Defense to enter contracts for up to 10 years for the purchase of electricity from sources of renewable energy.

The House bill contained no similar provision.

The House recedes with an amendment clarifying that the authority provided in this provision does not preclude the use of any other multiyear contracting authority available to the Department of Defense for the purchase of electricity from renewable sources.

Senate Armed Services Committee Report 110-77

The committee recommends a provision that would authorize the Secretary of Defense to enter into contracts for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as defined in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).