[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR41.103]



[Page 774]

 

            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 40 U.S.C. 501 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 40 

U.S.C. 501 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; 70 FR 57455, Sept. 30, 2005]