Utility Service Sole Source

You will want to read FAR Subpart 41.2, Acquiring Utility Services...

"ji20874: You will want to read FAR Subpart 41.2, Acquiring Utility Services..."

Sorry but FAR 41 doesn't address these concerns.

Yes, it does,in a way -- Subpart 41.2 tells you in general how to acquire utility services -- it allows you to enter into a contract with your sole-source service provider, and it doesn't make mention of any solicitation being needed -- you can go straight to contract without a separate solicitation, or you can write a solicitation if you want to..

Please read 41.202 Procedures prior to executing a sole source utility service contract. It mentions that the KO shall comply with Parts 6 and 7 and Subsections 41.201 (d) and (e), and you must conduct market surveys and aquisition planning as well.

If HE_1102 is lucky the water/sewer service is available from only a sole source who will refuse to sign any U.S. Government documents or participate in any U.S. Government processes. He can then proceed in accordance with FAR 41.202( c). In this case, it appears that a municipality will be a sole source. The first question that should have been asked was whether he had discussed procedures with the municipality.

This matter has been raised on Ask-A-Professor – if the submitter really, really, really wants to prepare a solicitation, he or she can – but the correct answer is to read and follow FAR Subpart 41.2 and to talk to the utility provider, as has been suggested above. If the submitter does prepare a solicitation, I hope he or she won't be heart-broken if the utility provider throws it in the trash and asks instead for someone from the Government to come down to the utility office to start the service paperwork.

Q: Can the Government award to a municipality for said services without issuing a solicitation? Please provide support.

Scenario - Procuring sole source utility services (water/sewer) under FAR 5.301( b )(5).

Posted - 4/4/2013 8:43:00 AM

A: Please contact your legal staff at your agency as I cannot think of why you would not want to procure the utility services via a solicitation. This is how we communicate our requirements to industry (a solicitation with an attached PWS). I would go with whatever is customary in your office and your Contracting Officer is willing to sign.

5.301 -- General.

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