---
kind: "section"
citation: "48 C.F.R. § 41.205"
title: "48"
number: "41.205"
heading: "Separate contracts."
url: "https://uscodex.org/cfr/48/41.205"
---

# §41.205. Separate contracts.

- (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.

## Notes

### 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.