FAR and DFARS › FAR Part 41: Acquisition of Utility Services › Subpart 41.2

FAR 41.205 Separate contracts.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells agencies how to buy utility services when there is no areawide contract or interagency agreement in place: they use a separate contract. It also lists the information the contracting officer must put in the contract file and when a contract longer than one year may be justified.

Applies to: Agencies acquiring utility services by separate contract

What it requires

  • Acquire utility services by separate contract when no areawide contract or interagency agreement exists
  • Document the contract file with the listed information
  • Furnish technical and acquisition data to GSA if requesting GSA assistance with a separate contract

Key terms: areawide contract · interagency agreement · separate contract · contract file · wheeling or transportation policy

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) In the absence of an areawide contract or interagency agreement (see 41.206), agencies shall acquire utility services by separate contract subject to this part, and subject to agency contracting authority.

(b) If an agency enters into a separate contract, the contracting officer shall document the contract file with the following information:

(1) The number of available suppliers.

(2) Any special equipment, service reliability, or facility requirements and related costs.

(3) The utility supplier's rates, connection charges, and termination liability.

(4) Total estimated contract value (including costs in subparagraphs (b) (2) and (3) of this subsection).

(5) Any technical or special contract terms required.

(6) Any unusual characteristics of services required.

(7) The utility's wheeling or transportation policy for utility service.

(c) If requesting GSA assistance with a separate contract, the requesting agency shall furnish the technical and acquisition data specified in 41.205(b), 41.301, and such other data as GSA may deem necessary.

(d) A contract exceeding a 1-year period, but not exceeding ten years (except pursuant to 41.103), may be justified, and is usually required, where any of the following circumstances exist:

(1) The Government will obtain lower rates, larger discounts, or more favorable terms and conditions of service;

(2) A proposed connection charge, termination liability, or any other facilities charge to be paid by the Federal Government will be reduced or eliminated; or

(3) The utility service supplier refuses to render the desired service except under a contract exceeding a 1-year period.

Sections it refers to

  • 41.206 Interagency agreements.
  • 41.301 Requirements.
  • 41.103 Statutory and delegated authority.

Sections that refer to it

← 41.204 GSA areawide contracts. · 41.206 Interagency agreements. →

Rule changes for FAR Part 41

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 41.205 Separate contracts · SpendQuery