FAR 41.103 Statutory and delegated authority

Section Federal Acquisition Regulation

Facts

Citation
FAR 41.103
Type
Section
Last amended
87 FR 73894 Effective Dec 30, 2022
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(a) Statutory authority.

(1) The General Services Administration (GSA) is authorized by 40 U.S.C. 501 to prescribe policies and methods governing the acquisition and supply of utility services for Federal agencies. This authority includes related functions such as managing public utility services and representing Federal agencies in proceedings before Federal and state regulatory bodies. GSA is authorized by 40 U.S.C.501 to contract for utility services for periods not exceeding tenyears.

(2) The Department of Defense (DoD) is authorized by 10 U.S.C. 3201(a) and 40 U.S.C. 113(e)(3) to acquire utility services for military facilities.

(3) The Department of Energy (DOE) is authorized by the Department of Energy Organization Act (42 U.S.C.7251, etseq.) to acquire utility services. DOE is authorized by the Atomic Energy Act of1954, as amended (42 U.S.C. 2204), to enter into new contracts or modify existing contracts for electric services for periods not exceeding 25 years for uranium enrichment installations.

(b) Delegated authority. GSA has delegated its authority to enter into utility service contracts for periods not exceeding tenyears to DoD and DOE, and for connection charges only to the Department of Veteran Affairs. Contracting pursuant to this delegated authority shall be consistent with the requirements of this part. Other agencies requiring utility service contracts for periods over oneyear, but not exceeding tenyears, may request a delegation of authority from GSA at the address specified in 41.301(a). In keeping with its statutory authority, GSA will, as necessary, conduct reviews of delegated agencies’ acquisitions of utility services to ensure compliance with the terms of the delegation and applicable laws and regulations.

(c) Requests for delegations of contracting authority from GSA shall include a certification from the acquiring agency’s Senior Procurement Executive that the agency has-

(1) An established acquisition program;

(2) Personnel technically qualified to deal with specialized utilities problems; and

(3) The ability to accomplish its own pre-award contract review.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Update to Title 10 Citations 87 FR 73894 · FAC 2023-01
Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections 70 FR 57453 · FAC 2005-06

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 6, 7, 10, 18, 26, 37, and 41 91 FR 37636 · FAR Case 2026-002, Docket No. FAR-2026-0002, Sequence No. 1 Closed Jul 23, 2026No final rule found

Sections cited

Quick answers

What is FAR 41.103?

FAR 41.103 is a section of the Federal Acquisition Regulation, titled "Statutory and delegated authority".

When was FAR 41.103 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Update to Title 10 Citations" (87 FR 73894), published Dec 1, 2022 and effective Dec 30, 2022.

Are changes to FAR 41.103 proposed?

One proposed change has no final rule yet.

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