Subpart 41.1
General
Subpart 41.1 establishes the foundational rules, definitions, and authorities for federal acquisition of utility services, ensuring all parties understand when and how these regulations apply.
Overview
Subpart 41.1 of the FAR provides the foundational framework for the acquisition of utility services by federal agencies. It outlines the scope, key definitions, applicability, and the statutory and delegated authorities that govern utility service contracts. This subpart serves as the entry point for understanding how utility services are procured, ensuring that all parties are aware of the legal and procedural context before engaging in specific acquisition activities.
Key Rules
- Scope of Part (41.100)
- Establishes that Part 41 covers policies and procedures for acquiring utility services, including electricity, gas, water, and sewage.
- Definitions (41.101)
- Provides essential definitions for terms used throughout Part 41, ensuring clarity and consistency in interpretation.
- Applicability (41.102)
- Specifies the types of contracts and situations to which Part 41 applies, clarifying when these rules must be followed.
- Statutory and Delegated Authority (41.103)
- Identifies the legal basis and delegated powers under which agencies may acquire utility services.
Responsibilities
- Contracting Officers: Must understand the scope, definitions, and authorities before initiating utility service acquisitions.
- Contractors: Should familiarize themselves with the foundational requirements and definitions to ensure compliance in proposals and performance.
- Agencies: Must ensure acquisitions are conducted under proper statutory and delegated authority.
Practical Implications
- This subpart exists to provide a clear legal and procedural foundation for utility service acquisitions.
- It impacts daily contracting by defining when and how Part 41 applies, reducing ambiguity and risk of non-compliance.
- Common pitfalls include misunderstanding applicability or failing to recognize the correct statutory authority, which can lead to improper contract actions.