The corresponding FAR Part 41 and DFARS Part 241 have been overhauled under the RFO.
PGI replacement text is provided in the RFO deviation attachment.
View FAR Part 41
Current Content
Summary of Statutory Authority for Utility/Energy Purchases
| Acquisition Type | Authority | Maximum Term (years) |
| Energy Commodities (purchased as supplies) (natural gas & electricity) * | 10 U.S.C. 3501/ 10 U.S.C. 2829 | 5 (4) ** |
| Utility Service Contracts (in support of privatization) | 10 U.S.C. 2688(d)(2) | 50 |
| Utility Service Contracts *** (when not in support of privatization) | 10 U.S.C. 3201-3205 40 U.S.C. 113(e)(3) | 10 |
| * Section 8093 of Public Law 100-202 specifically precludes the Federal Government from expending appropriated funds to purchase electricity in a manner inconsistent with State law and regulation. | ||
| ** 5 years in support of facilities and installations (10 U.S.C. 3501) and 4 years for military family housing (10 U.S.C. 2829). | ||
| *** GSA has delegated to DoD its authority, under 40 U.S.C. 501(b), to enter into utility service contracts for periods not exceeding 10 years. Absent this authority, the length of DoD utility service contracts in support of facilities and installations would be limited to 5 years (10 U.S.C. 3531) and, for military family housing, would be limited to 4 years (10 U.S.C. 2829). |
Change History
| Detected | Type | Summary |
|---|---|---|
| detected 2026-04-17 | PGI_MODIFIED | PGI 241.103 updated: 18 lines added, 4 lines removed |
View diff--- previous +++ current @@ -1,4 +1,33 @@ -(1) The contracting officer may enter into a utility service contract related to the conveyance of a utility system for a period not to exceed 50 years (10 U.S.C.2688(d)(2)). -(2) The contracting officer may enter into an energy savings contract under 10 U.S.C. 2913 for a period not to exceed 25 years. -(3) See 217.174 for authority to enter into multiyear contracts for electricity from renewable energy sources. -(4) See PGI 241.103 for statutory authorities and maximum contract periods for utility and energy contracts.+Summary of Statutory Authority for Utility/Energy Purchases + +Acquisition Type + +Authority + +Maximum Term (years) + +Energy Commodities (purchased as supplies) (natural gas & electricity) * + +10 U.S.C. 3501/ 10 U.S.C. 2829 + +5 (4) ** + +Utility Service Contracts (in support of privatization) + +10 U.S.C. 2688(d)(2) + +50 + +Utility Service Contracts *** (when not in support of privatization) + +10 U.S.C. 3201-3205 + +40 U.S.C. 113(e)(3) + +10 + +* Section 8093 of Public Law 100-202 specifically precludes the Federal Government from expending appropriated funds to purchase electricity in a manner inconsistent with State law and regulation. + +** 5 years in support of facilities and installations (10 U.S.C. 3501) and 4 years for military family housing (10 U.S.C. 2829). + +*** GSA has delegated to DoD its authority, under 40 U.S.C. 501(b), to enter into utility service contracts for periods not exceeding 10 years. Absent this authority, the length of DoD utility service contracts in support of facilities and installations would be limited to 5 years (10 U.S.C. 3531) and, for military family housing, would be limited to 4 years (10 U.S.C. 2829). |
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