FAR 41.601—Utility services forms.
Plain-English Summary
FAR 41.601 addresses the contract forms and documentation required when the Government acquires utility services outside of an areawide contract, a purchase order, or an interagency agreement. It tells contracting officers which standard forms must be used—SF 33, Solicitation, Offer and Award; SF 26, Award/Contract; or SF 1447, Solicitation/Contract—and requires the applicable utility rate schedule to be incorporated into each contract, purchase order, or modification. The section exists to ensure utility service acquisitions are documented in a legally sufficient, standardized way and that the pricing terms governing service are clearly attached to the contract record. In practice, this helps avoid disputes over rates, billing, and service terms, especially because utility pricing often depends on published or approved schedules rather than negotiated line-item pricing. For contractors and agencies, the rule means the contract file must clearly show both the governing form and the exact rate schedule in effect for the service period.
Key Rules
Use prescribed forms
When utility services are acquired other than under an areawide contract, purchase order, or interagency agreement, the contracting officer must use SF 33, SF 26, or SF 1447. These forms provide the formal solicitation/award structure required for the acquisition.
Rate schedule must be included
The contracting officer must incorporate the applicable rate schedule into each contract, purchase order, or modification. This makes the pricing basis part of the binding agreement and avoids uncertainty about what rates apply.
Applies outside areawide contracts
This section specifically governs utility service acquisitions that are not being made under an areawide contract, a purchase order, or an interagency agreement. Different documentation rules may apply when those other acquisition methods are used.
Covers modifications too
The requirement to incorporate the applicable rate schedule applies not only to initial contracts and purchase orders, but also to modifications. Any change affecting the utility service arrangement should reflect the correct current rate schedule.
Responsibilities
Contracting Officer
Select and use the proper standard form (SF 33, SF 26, or SF 1447) when acquiring utility services outside the listed exceptions, and ensure the applicable rate schedule is incorporated into every contract, purchase order, and modification.
Agency
Support proper acquisition documentation for utility services and maintain contract files that clearly identify the governing form and rate schedule used for the service arrangement.
Contractor/Utility Provider
Provide the applicable utility rate schedule and any supporting pricing information needed for incorporation into the contract, purchase order, or modification, and bill in accordance with the incorporated schedule.
Practical Implications
The biggest day-to-day issue is making sure the right form is used; using an informal document or the wrong contract form can create file deficiencies and enforceability questions.
The rate schedule must be attached or clearly incorporated by reference, not just mentioned in passing. If the schedule is missing or outdated, billing disputes are likely.
Because utility rates can change, modifications must be checked carefully to confirm the current applicable schedule is the one in the file.
This section is especially important for recurring utility services where pricing is driven by published tariffs or approved schedules rather than negotiated unit prices.
Contracting officers should verify that the contract file shows exactly which schedule applies for each period of performance, renewal, or change order to avoid later audit or payment problems.
Official Regulatory Text
(a) If acquiring utility services under other than an areawide contract, a purchase order or an interagency agreement, the Standard Form (SF) 33 , Solicitation, Offer and Award; SF 26 , Award/Contract; or SF 1447 , Solicitation/Contract, shall be used. (b) The contracting officer shall incorporate the applicable rate schedule in each contract, purchase order or modification.