124 STAT. 4272 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(ii) requesting an explanation of how such similar efforts relate to the scope and content of the task or delivery order concerned; ‘‘(D) selecting and authorizing— ‘‘(i) more than one contractor (from among those selected under subparagraph (C)) to conduct site surveys, investigations, feasibility designs and studies, or similar assessments for the energy savings performance contract services (or for discrete portions of such services), for the purpose of allowing each such contractor to submit a firm, fixed-price proposal to implement specific energy conserva- tion measures; or ‘‘(ii) one contractor (from among those selected under subparagraph (C)) to conduct a site survey, investigation, feasibility design and study, or similar assessment for the purpose of allowing the contractor to submit a firm, fixed- price proposal to implement specific energy conservation measures; ‘‘(E) providing a debriefing to any contractor not selected under subparagraph (D); ‘‘(F) negotiating a task or delivery order for energy savings performance contracting services with the contractor or contrac- tors selected under subparagraph (D) based on the energy conservation measures identified; and ‘‘(G) issuing a task or delivery order for energy savings performance contracting services to such contractor or contrac- tors. ‘‘(2) The issuance of a task or delivery order for energy savings performance contracting services pursuant to paragraph (1) is deemed to satisfy the task and delivery order competition require- ments in section 2304c(d) of title 10, United States Code, and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)). ‘‘(3) The Secretary may issue guidance as necessary to agencies issuing task or delivery orders pursuant to paragraph (1).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) is inapplicable to task or delivery orders issued before the date of enactment of this Act. SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECU - RITY. (a) DEFINITIONS.—Section 187 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘materials critical to national security’ means materials— ‘‘(A) upon which the production or sustainment of mili- tary equipment is dependent; and ‘‘(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States. ‘‘(2) The term ‘military equipment’ means equipment used directly by the armed forces to carry out military operations. ‘‘(3) The term ‘secure supply’, with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.’’. 42 USC 8287 note.
