52.241-1
Electric Service Territory Compliance Representation
Offerors must certify that their electricity offers to the federal government comply with all applicable state laws and service territory requirements, and be ready to provide supporting documentation if requested.
Overview
FAR 52.241-1 requires offerors proposing to sell electricity to the federal government to certify that their offer complies with Section 8093 of Public Law 100-202. This law mandates that federal purchases of electricity must align with applicable state laws, including state utility commission rulings and established electric service territories. The provision ensures that federal agencies do not procure electricity in a manner that conflicts with state regulations or territorial agreements.
Key Rules
- State Law Compliance
- Federal electricity purchases must be consistent with state laws, utility commission rulings, and service territory agreements.
- Offeror Representation
- By signing the offer, the offeror certifies compliance with Section 8093 of Public Law 100-202 regarding electric service territory.
- Supporting Documentation
- Offerors must provide legal and factual support for their compliance representation if requested by the Contracting Officer.
Responsibilities
- Contracting Officers: Must include this provision in solicitations for electric utility services and may request supporting documentation from offerors.
- Contractors/Offerors: Must ensure and certify that their offer complies with relevant state laws and be prepared to provide supporting rationale if requested.
- Agencies: Must ensure compliance with state law in all electricity procurements.
Practical Implications
- This clause exists to prevent federal agencies from inadvertently violating state utility regulations or service territories when purchasing electricity.
- Contractors must be diligent in understanding and adhering to state-specific requirements, as failure to comply can result in disqualification or legal challenges.
- Common pitfalls include misunderstanding state utility boundaries or failing to provide adequate documentation when requested.