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    Would this service be considered commercial. FAR Part 41 does not allow for the use of a SF1449 as a contract instrument. However, FAR Part 2 and 12 does not exclude utilities in the definition of "commercial services".


    Answer

    I agree that FAR 2 definitions does not make it clear whether utilities could be a considered a commercial service or not.  But the policy within FAR 41 and FAR 12 makes it impossible for for the solication to be released under FAR 12 procedures.  The reason is the clauses.  FAR 41.201 (b) requires that all utilities contracts contain special Utilities clauses found it FAR 41.  If you use FAR 12, you must  use  clauses listed in subpart FAR12.301

    I have never done utilities contracts, so I called some friends - one a public works officer on a Marine Corps Base that also has a waste water contract with the state and one a contracting specialist who works for DLA's Private Utilities office.  In both cases, they said that only FAR 41 is used. 

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