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e-CFR data is current as of November 25, 2020

Title 41Subtitle CChapter 102Subchapter C → Part 102-82


Title 41: Public Contracts and Property Management


PART 102-82—UTILITY SERVICES


Contents

Subpart A—General Provisions

§102-82.5   What does this part cover?
§102-82.10   What are the governing authorities for this part?
§102-82.15   Who must comply with the provisions of this part?
§102-82.20   To whom do “we,” “you,” and their variants refer?
§102-82.25   How do we request a deviation from the provisions of this part?

Subpart B—Utility Services

§102-82.30   What authority must my agency have in order to procure utility service(s)?
§102-82.35   Can Executive agencies enter into contracts for utility services?
§102-82.40   What are Executive agencies' rate intervention responsibilities?

Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501.

Source: 85 FR 5903, Feb. 3, 2020, unless otherwise noted.

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Subpart A—General Provisions

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§102-82.5   What does this part cover?

This part covers the procurement and management of public utility services. It does not cover utilities that are provided as part of a lease. For more information on the procurement of utility services refer to Federal Acquisition Regulation (FAR) in 48 CFR part 41. For more information on the management of Utility Services, refer to 40 U.S.C. 501.

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§102-82.10   What are the governing authorities for this part?

The authorities for the regulations in this part are:

(a) 40 U.S.C. 121(c); and

(b) 40 U.S.C. 501.

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§102-82.15   Who must comply with the provisions of this part?

All Executive agencies procuring, managing, or supplying utility services under Title 40 of the United States Code, including GSA's Public Buildings Service (PBS), Department of Defense, Department of Energy, and those agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with the provisions of this part. For information on a utility services delegation of authority, refer to §102-72.100 of this chapter.

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§102-82.20   To whom do “we,” “you,” and their variants refer?

Unless otherwise indicated, use of pronouns “we,” “you,” and their variants throughout this part refer to an Executive agency. Refer to part 102-71 of this chapter for the definition of Executive agency.

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§102-82.25   How do we request a deviation from the provisions of this part?

Refer to §§102-2.60 through 102-2.110 of this chapter for information on how to obtain a deviation from this part.

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Subpart B—Utility Services

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§102-82.30   What authority must my agency have in order to procure utility service(s)?

If you do not have a delegation of authority issued by GSA to procure utility services, or independent authority for such procurements, you cannot procure utility services. The Secretary of Defense is independently authorized to take such actions without a delegation from GSA, when the Secretary determines such actions to be in the best interests of national security. For more information on a utility services delegation of authority refer to §§102-72.100 and 102-72.105 of this chapter.

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§102-82.35   Can Executive agencies enter into contracts for utility services?

Executive agencies, operating under a utility services delegation from GSA, or the Secretary of Defense, when the Secretary determines it to be in the best interests of national security, may enter into contracts for utility services (such as commodities and utility rebate programs), pursuant to the terms and conditions contained in the delegation and in accordance with FAR part 41. FAR part 41 requires that agencies provide or procure from sources of supply that are the most advantageous to the Federal Government in terms of economy, efficiency, reliability, or quality of service; while 40 U.S.C. 501(c) requires that agencies provide or procure such services with due regard to the mission responsibilities of the agencies concerned. For information on utility services delegation of authority refer to part 102-72 of this chapter. For additional information on contracts for utility services, search on the topics Utility or Energy on the Acquisition Gateway, http://www.gsa.gov.

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§102-82.40   What are Executive agencies' rate intervention responsibilities?

Unless otherwise authorized by law, absent a delegation from GSA, Executive agencies must not engage in the types of representation referenced at 40 U.S.C. 501(c), Services for Executive agencies. The Secretary of Defense is independently authorized to take such actions without a delegation from GSA, when the Secretary determines such actions to be in the best interests of national security. Refer to part 102-71 of this chapter for definitions of Executive agencies and state. For information on delegation of authority refer to part 102-72 of this chapter.

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