41.102 Applicability.
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(a) Except as provided in paragraph (b) of this section, this part applies to the acquisition of utility services for the Government, including connection charges and termination liabilities.
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(b) This part does not apply to-
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(1) Utility services produced, distributed, or sold by another Federal agency. In those cases, agencies shall use interagency agreements (see 41.206);
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(2) Utility services obtained by purchase, exchange, or otherwise by a Federal power or water marketing agency incident to that agency’s marketing or distribution program;
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(3) Cable television (CATV) and telecommunications services;
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(4) Acquisition of natural or manufactured gas when purchased as a commodity;
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(5) Acquisition of utilities services in foreign countries;
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(6) Acquisition of rights in real property, acquisition of public utility facilities, and on-site equipment needed for the facility’s own distribution system, or construction/maintenance of Government-owned equipment and real property; or
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(7) Third party financed shared-savings projects authorized by 42 U.S.C.8287. However, agencies may utilize part 41 for any energy savings or purchased utility service directly resulting from implementation of a third party financed shared-savings project under 42 U.S.C.8287 for periods not to exceed 25 years.
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