DA Form 2099: Utilities Sale Contract (PDF Download)

DA Form 2099: Utilities Sale Contract (PDF Download) – DA Form 2099 is the official U.S. Army form used to establish a contract for the sale of utilities and related services from Army installations to non-Federal customers. It ensures compliant, documented agreements for services such as electricity, water, gas, sewage, steam, or refuse disposal when these cannot be readily obtained elsewhere.

What Is DA Form 2099?

DA Form 2099, titled Contract for Sale of Utilities and Related Services, is a standardized contract document issued by the Department of the Army. The current version is dated March 2015, and previous editions are obsolete.

For use of this form, see AR 420-41 (Acquisition and Sale of Utilities Services), with the proponent agency being the Office of the Chief of Engineers. It applies specifically to sales by the Army to non-Federal entities, such as private organizations, contractors, residential communities, or other eligible customers.

Download the official form here: DA Form 2099 PDF

Purpose of DA Form 2099

The primary purpose is to formalize the sale of surplus utilities and related services from Army installations while protecting government interests and ensuring fair pricing. Key preconditions include:

  • Services are surplus to the Army’s needs.
  • They are not readily available from local private or public suppliers.
  • The sale is in the public interest and does not hinder other utility developments.

It authorizes sales under statutes such as 10 U.S.C. 2686, 10 U.S.C. 2872a, and 10 U.S.C. 2916. The form outlines services provided, payment terms, rates, liabilities, and termination conditions.

Who Uses DA Form 2099?

Eligible customers typically include:

  • Non-Federal organizations
  • Residential Communities Initiative (RCI) and Privatization of Army Lodging (PAL) partners
  • Morale, Welfare, and Recreation (MWR) or AAFES contractors/concessionaires
  • Private organizations (e.g., ARC, USO, YMCA)
  • Public or private utility companies
  • Financial institutions (under specific conditions)

It is not used for sales to other Federal Government entities or certain NAF activities.

Key Sections and Provisions in DA Form 2099

The form includes several standard General Provisions:

  • Services to Be Rendered: Describes specific utilities and related services, often with attached Special Provisions.
  • Rates and Charges: Based on fair market value (local prevailing rates) or cost recovery, ensuring the government recovers at least its costs (commodities, operations, maintenance, losses, overhead). Special rates may apply for RCI/PAL or other categories.
  • Payments: Customer pays according to attached terms.
  • Use of Service: Services are temporary accommodations; not for resale; must not interfere with government needs.
  • Change of Rates: Rates reviewed at least annually and adjustable with notice.
  • Liability: Customer holds the government harmless; no guarantee of continuous service or quality.
  • Termination: Either party can terminate with notice (typically 30 days or negotiated); immediate in national emergencies or under specific conditions (e.g., services become available elsewhere, installation inactivation).
  • Facilities: Customer responsible for connection costs and maintenance; government may grant licenses for on-post facilities.
  • Energy Conservation: Customers must support federal energy and water conservation goals.

Special Provisions are attached for different customer types and service categories (electric, water, gas, etc.).

How to Fill Out and Execute DA Form 2099?

  1. Identify the contracting parties (Government represented by Installation Contracting Officer and the Customer).
  2. Specify the Contract Number, effective date, and detailed services.
  3. Attach appropriate Special Provisions based on customer type and services.
  4. Determine and document rates/charges per AR 420-41 guidelines.
  5. Include any additional terms or estimated annual costs.
  6. Obtain signatures from authorized representatives and witnesses.

Consult the Garrison Utilities Services Officer and legal/contracting personnel. Plans for customer facilities require approval and supervision.

  • AR 420-41: Primary regulation governing acquisition and sale of utilities services.
  • Companion forms may include DA Form 2100 (Memorandum of Understanding) and various Special Provisions (DA Forms 2101–2106 series in older versions).
  • Always use the latest electronic version from official Army Publishing Directorate sources.

Why Compliance Matters?

Proper use of DA Form 2099 helps Army installations manage surplus resources efficiently, generate revenue where appropriate, support community and partner needs, and maintain regulatory compliance. For customers, it provides clear terms for accessing reliable utility services.

For the most current guidance, refer to official Army publications and consult installation contracting or utilities offices. Always download forms directly from armypubs.army.mil.

This article is for informational purposes and does not constitute legal or official Army advice. Policies may be updated; verify with current regulations.