Subpart 41.5
Solicitation Provision and Contract Clauses
FAR Subpart 41.5 mandates the inclusion of specific solicitation provisions and contract clauses in all utility service contracts to ensure compliance and protect government interests.
Overview
FAR Subpart 41.5 outlines the required solicitation provisions and contract clauses that must be included in solicitations and contracts for utility services. Its primary purpose is to ensure that all government contracts for utility services contain the necessary legal and procedural language to protect the interests of both the government and the utility service provider. This subpart references specific clauses that must be inserted, depending on the type of utility service and the nature of the acquisition, such as those addressing service interruptions, rate changes, and termination rights.
Key Rules
- Inclusion of Required Clauses
- Contracting officers must include specific FAR clauses in solicitations and contracts for utility services, as detailed in this subpart and referenced sections.
- Tailoring Clauses to Utility Services
- The selection and customization of clauses depend on the type of utility service (e.g., electricity, water, gas) and the contract’s terms and conditions.
Responsibilities
- Contracting Officers: Must ensure all required solicitation provisions and contract clauses are included and properly tailored to the utility service being acquired.
- Contractors: Must review and comply with all included clauses and provisions in the solicitation and resulting contract.
- Agencies: Should provide oversight to confirm compliance with FAR requirements for utility service contracts.
Practical Implications
- This subpart exists to standardize the legal framework for utility service contracts, reducing risk and ambiguity.
- It impacts daily contracting by requiring careful review and inclusion of specific clauses, which, if omitted, could lead to disputes or noncompliance.
- Common pitfalls include failing to include all required clauses or not tailoring them appropriately to the service or contract type.