[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: 48CFR41.501]



[Page 780-781]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 41_ACQUISITION OF UTILITY SERVICES--Table of Contents

 

        Subpart 41.5_Solicitation Provision and Contract Clauses

 

Sec. 41.501  Solicitation provision and contract clauses.





    (a) Because the terms and conditions under which utility suppliers 

furnish service may vary from area to area, the differences may 

influence the terms and conditions appropriate to a particular utility's 

contracting situation. To accommodate requirements that are peculiar to 

the contracting situation, this section prescribes provisions and 

clauses on a ``substantially the same as'' basis (see 52.101) which 

permits the contracting officer to prepare and utilize variations of the 

prescribed provision and clauses in accordance with agency procedures.

    (b) The contracting officer shall insert in solicitations for 

utility services a provision substantially the same as the provision at 

52.241-1, Electric Service Territory Compliance Representation, when 

proposals from alternative electric suppliers are sought.

    (c) The contracting officer shall insert in solicitations and 

contracts for utility services clauses substantially the same as the 

clauses at--

    (1) 52.241-2, Order of Precedence--Utilities;

    (2) 52.241-3, Scope and Duration of Contract;

    (3) 52.241-4, Change in Class of Service;

    (4) 52.241-5, Contractor's Facilities; and

    (5) 52.241-6, Service Provisions.

    (d) The contracting officer shall insert clauses substantially the 

same as the clauses listed below in solicitations and contracts under 

the prescribed conditions--

    (1) 52.241-7, Change in Rates or Terms and Conditions of Service for 

Regulated Services, when the utility services are subject to a 

regulatory body. (Except for GSA areawide contracts, the contracting 

officer shall insert in the blank space provided in the clause the name 

of the contracting officer. For GSA areawide contracts, the contracting 

officer shall insert the following: ``GSA and each areawide customer 

with annual billings that exceed $250,000.'')

    (2) 52.241-8, Change in Rates or Terms and Conditions of Service for 

Unregulated Services, when the utility services are not subject to a 

regulatory body.

    (3) 52.241-9, Connection Charge, when a refundable connection charge 

is required to be paid by the Government to compensate the contractor 

for furnishing additional facilities necessary to supply service. (Use 

Alternate I to the clause if a nonrefundable charge is to be paid. When 

conditions require the incorporation of a nonrecurring, nonrefundable 

service charge or a termination liability, see paragraphs (d)(6) and 

(d)(4) of this section.)

    (4) 52.241-10, Termination Liability, when payment is to be made to 

the contractor upon termination of service in conjunction with or in 

lieu of a connection charge upon completion of the facilities.

    (5) 52.241-11, Multiple Service Locations (as defined in 41.101), 

when providing for possible alternative service locations, except under 

areawide contracts, is required.

    (6) 52.241-12, Nonrefundable, Nonrecurring Service Charge, when the 

Government is required to pay a nonrefundable, nonrecurring membership 

fee, a charge for initiation of service, or a contribution for the cost 

of facilities construction. The Government may provide for inclusion of 

such agreed amount or fee as a part of the connection charge, a part of 

the initial payment for services, or as periodic payments to fulfill the 

Government's obligation.

    (7) 52.241-13, Capital Credits, when the Federal Government is a 

member of a cooperative and is entitled to capital credits, consistent 

with the bylaws and governing documents of the cooperative.

    (e) Depending on the conditions that are appropriate for each 

acquisition, the contracting officer shall also insert



[[Page 781]]



in solicitations and contracts for utility services the provisions and 

clauses prescribed elsewhere in the FAR.



[59 FR 67018, Dec. 28, 1994, as amended at 60 FR 14377, Mar. 17, 1995]