41.100
Scope of part
FAR 41.100 defines the scope for acquiring utility services, directing contracting professionals to follow Part 41 unless exclusions in 41.102(b) apply.
Overview
FAR 41.100 establishes the scope of Part 41, which governs the acquisition of utility services by federal agencies. It outlines that this part provides the policies, procedures, and contract formats to be used when procuring utility services, ensuring consistency and compliance across government contracts in this area. The section also notes that certain services are excluded from this part, with further details provided in FAR 41.102(b). This section serves as the foundational reference for understanding when and how Part 41 applies to utility service acquisitions.
Key Rules
- Scope Definition
- Part 41 applies to the acquisition of utility services by federal agencies, except for those specifically excluded in 41.102(b).
- Reference to Exclusions
- Contracting professionals must consult 41.102(b) to determine if a particular utility service is excluded from the requirements of this part.
Responsibilities
- Contracting Officers: Must use the policies, procedures, and contract formats prescribed in Part 41 when acquiring utility services, unless an exclusion applies.
- Contractors: Should be aware that contracts for utility services are governed by the requirements of Part 41, unless their service is excluded.
- Agencies: Must ensure compliance with Part 41 for all applicable utility service acquisitions and verify exclusions as outlined in 41.102(b).
Practical Implications
- This section clarifies the regulatory framework for acquiring utility services, helping agencies and contractors understand when Part 41 applies.
- It is essential for contracting professionals to verify whether a utility service falls under the scope of Part 41 or is excluded, to avoid compliance issues.
- Misapplying or overlooking exclusions can lead to improper contract formation or regulatory noncompliance.