---
kind: "section"
citation: "48 C.F.R. § 41.102"
title: "48"
number: "41.102"
heading: "Applicability."
url: "https://uscodex.org/cfr/48/41.102"
---

# §41.102. Applicability.

- (a) Except as provided in [paragraph (b)](#b) of this section, this part applies to the acquisition of utility services for the Government, including connection charges and termination liabilities.
- (b) **This part does not apply to—**
  - (1) **Utility services produced, distributed, or sold by another Federal agency.** In those cases, agencies shall use interagency agreements (see 41.206);
  - (2) Utility services obtained by purchase, exchange, or otherwise by a Federal power or water marketing agency incident to that agency's marketing or distribution program;
  - (3) Cable television (CATV) and telecommunications services;
  - (4) Acquisition of natural or manufactured gas when purchased as a commodity;
  - (5) Acquisition of utilities services in foreign countries;
  - (6) Acquisition of rights in real property, acquisition of public utility facilities, and on-site equipment needed for the facility's own distribution system, or construction/maintenance of Government-owned equipment and real property; or
  - (7) Third party financed shared-savings projects authorized by [42 U.S.C. 8287](/usc/42/8287.md). However, agencies may utilize [part 41](/cfr/48/part41.md) for any energy savings or purchased utility service directly resulting from implementation of a third party financed shared-savings project under [42 U.S.C. 8287](/usc/42/8287.md) for periods not to exceed 25 years.

## Notes

### Amendments

[59 FR 67018, Dec. 28, 1994, as amended at 72 FR 27385, May 15, 2007]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 59 FR 67018, Dec. 28, 1994, unless otherwise noted.

### Amendments

[59 FR 67018, Dec. 28, 1994, as amended at 72 FR 27385, May 15, 2007]