[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR41.103]

[Page 750]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 41_ACQUISITION OF UTILITY SERVICES--Table of Contents
 
                          Subpart 41.1_General
 
Sec.  41.103  Statutory and delegated authority.

    (a) Statutory authority. (1) The General Services Administration 
(GSA) is authorized by section 201 of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 481), to 
prescribe policies and methods governing the acquisition and supply of 
utility services for Federal agencies. This authority includes related 
functions such as managing public utility services and representing 
Federal agencies in proceedings before Federal and state regulatory 
bodies. GSA is authorized by section 201 of the Act to contract for 
utility services for periods not exceeding ten years.
    (2) The Department of Defense (DOD) is authorized by 10 U.S.C. 2304, 
and 40 U.S.C. 474(d)(3) to acquire utility services for military 
facilities.
    (3) The Department of Energy (DOE) is authorized by the Department 
of Energy Organization Act (42 U.S.C. 7251, et seq.) to acquire utility 
services. DOE is authorized by the Atomic Energy Act of 1954, as amended 
(42 U.S.C. 2204), to enter into new contracts or modify existing 
contracts for electric services for periods not exceeding 25 years for 
uranium enrichment installations.
    (b) Delegated authority. GSA has delegated its authority to enter 
into utility service contracts for periods not exceeding ten years to 
DOD and DOE, and for connection charges only to the Department of 
Veteran Affairs. Contracting pursuant to this delegated authority shall 
be consistent with the requirements of this part. Other agencies 
requiring utility service contracts for periods over one year, but not 
exceeding ten years, may request a delegation of authority from GSA at 
the address specified in 41.301(a). In keeping with its statutory 
authority, GSA will, as necessary, conduct reviews of delegated 
agencies' acquisitions of utility services to ensure compliance with the 
terms of the delegation and applicable laws and regulations.
    (c) Requests for delegations of contracting authority from GSA shall 
include a certification from the acquiring agency's Senior Procurement 
Executive that the agency has--
    (1) An established acquisition program;
    (2) Personnel technically qualified to deal with specialized 
utilities problems; and
    (3) The ability to accomplish its own pre-award contract review.

[59 FR 67018, Dec. 28, 1994, as amended at 60 FR 37777, July 21, 1995; 
63 FR 58603, Oct. 30, 1998]