41.202
Procedures
FAR 41.202 requires contracting officers to promote competition, document supplier refusals, and maintain detailed records when acquiring utility services, especially when a bilateral contract cannot be secured.
Overview
FAR 41.202 outlines the procedures contracting officers must follow when acquiring utility services for the government. It emphasizes the need for acquisition planning, market surveys, and competition in accordance with FAR Parts 6 and 7, while also addressing situations where a utility supplier refuses to execute a contract. The section provides guidance on alternative acquisition methods, documentation requirements, and ongoing efforts to secure bilateral written contracts.
Key Rules
- Acquisition Planning and Market Surveys
- Contracting officers must conduct market surveys and acquisition planning to promote full and open competition, unless inconsistent with state law. The market survey should consider the entire scope of utility services.
- Alternative Acquisition Methods
- If competition is limited, officers should consider GSA areawide contracts, separate contracts, or interagency agreements.
- Handling Supplier Refusals
- If a utility supplier refuses to sign a contract, obtain a written refusal, document negotiations, and notify GSA before proceeding without a contract, unless urgent circumstances exist.
- Acquisition Without a Written Contract
- If a bilateral contract cannot be obtained, services may be acquired via purchase order or invoice, with proper approvals and documentation.
- Utility History File
- Maintain a comprehensive utility history file for each acquisition without a bilateral contract, including all relevant documentation and records.
- Ongoing Contracting Efforts
- Annually attempt to secure a bilateral contract and document efforts; notify GSA if the supplier continues to refuse.
Responsibilities
- Contracting Officers: Must conduct market surveys, document refusals, maintain utility history files, and attempt to secure bilateral contracts annually.
- Contractors: Must provide necessary documentation and respond to contract offers.
- Agencies: Must notify GSA of refusals and ensure compliance with acquisition procedures.
Practical Implications
- Ensures transparency and competition in utility acquisitions.
- Provides a structured process for handling supplier refusals and non-standard acquisitions.
- Requires thorough documentation, which can be burdensome but is essential for compliance and audit purposes.