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CHAPTER 5A-OFFICE OF ACQUISITION

POLICY, GENERAL SERVICES

ADMINISTRATION

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5A-1.306 Standards.

5A-1.307 Purchase descriptions. 5A-1.307-1 Applicability.

5A-1.307-4 Brand name products or equal. 5A-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 5A-1.307-6 Invitations for bids, "brand name or equal" descriptions.

5A-1.307-7 Bid evaluation and award, "brand name or equal" descriptions. 5A-1.311 Priorities, allocations, and allotments.

5A-1.315 Use of liquidated damages provisions in procurement contracts. 5A-1.315-2 Policy.

5A-1.316 Time of delivery or performance. 5A-1.316-2

5A-1.316-3

5A-1.316-4

General.

Factors to be considered.

Terms.

5A-1.316-5 Time of delivery clauses. 5A-1.317 Noncollusive bids and proposals. 5A-1.318 Disputes clause.

5A-1.318-1 Contracting officer's decision under the Disputes clause. 5A-1.350 Advance notices

award.

5A-1.352 Contract numbering.

5A-1.352-3

5A-1.352-4

Numbering of small contracts.

Contract Register.

5A-1.370 Warranties. 5A-1.370-1 General.

5A-1.370-2 Policy.

5A-1.370-3 Use of a warranty.

5A-1.370-4 Warranty clause for supply

contracts.

5A-1.370-5 Warranty statement in purchase orders.

5A-1.371 Notification of proposed substantial awards and awards involving congressional interest.

5A-1.372-5A-1.374 [Reserved]

5A-1.375 Forms

award(s).

5A-1.376 Options.

for

5A-1.376-1 Applicability.

recommending

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of contract

5A-1.706-1 General.

5A-1.706-5 Total set-asides. 5A-1.706-6 Partial set-asides.

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5A-1.5000 Scope of subpart.

5A-1.5001 Report on procurement by civilian executive agencies.

5A-1.5004 Synopses of proposed procurements.

5A-1.5005 Synopses of contract awards. 5A-1.5009 Report of identical bids.

5A-1.5010 Notice of award of contracts subject to the Walsh-Healey Public Contracts Act.

5A-1.5071 Reporting possible antitrust violations.

5A-1.5074 Report of vendor performance.

5A-1.5075 Contingent or other fees. 5A-1.5082 Aid to labor surplus areas. 5A-1.5083 Unordered contract guaranteed quantities.

5A-1.5083-1 Submission.

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Regulations (GSPR 5A) which, together with the FPR and GSPR 5 govern the procurement by GSA of personal property and nonpersonal services (other than covered by GSPR 5B).

§ 5A-1.103 Authority.

The General Services Administration Procurement Regulations (GSPR 5A) are prescribed by the Assistant Administrator for Acquisition Policy in Chapter 5A, Title 41, Code of Federal Regulations, under the authority of the Federal Property and Administrative Services Act of 1949, as amended, with the assistance of the Commissioner, Federal Supply Service (FSS), and the Commissioner, Automated Data and Telecommunications Service (ADTS).

§ 5A-1.104 Applicability.

(a) GSPR 5A applies to all purchases and contracts for the procurement of personal property and nonpersonal services (other than covered by GSPR 5B). GSPR 5B pertains to contracts for leases of space (to the extent specifically provided) and nonpersonal services (involving construction, architects and engineers, and building services).

(b) GSPR 5A implements and supplements GSPR 5 and the FPR and is part of the Federal Procurement Regulations System. Amendments published in GSPR 5 or the FPR become effective throughout GSA on the effective date of the particular amendment. The GSPR 5 or the FPR generally will not be repeated, paraphrased, or otherwise restated in GSPR 5A.

(c) Implementing regulations are those which expand upon related GSPR 5 and FPR policies and procedures. Supplementing regulations are those for which there are no counterparts in GSPR 5 and the FPR.

(d) Regulations in GSPR 5A may deviate from a GSPR 5 or FPR provision when a deviation (see § 5A-1.109) is explicitly authorized. When GSPR 5A contains no regulations which implement GSPR 5 or the FPR, the GSPR 5 and/or the FPR will govern.

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(a) Certain procurement policies and procedures which come within the scope of this GSPR 5A nevertheless may be excluded when justified. These exclusions include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than 6 months.

(3) Policies and procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of GSA as well as to procurement functions and there is need to make the directive available simultaneously to all employees concerned.

(5) When speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly.

Policies and procedures under paragraph (a) (1), (2), (3), and (5) of this section, will be handled on an informal basis by the Assistant Administrator for Acquisition Policy.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5) of this section will be codified in GSPR 5A at the earliest practicable date.

(c) One copy of each locally issued procurement policy and/or procedure shall be furnished to the General Services Administration (APR), Washington, DC 20405.

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(c) GSPR 5A is issued in loose-leaf form on blue paper stock.

§ 5A-1.107 Arrangement.

§ 5A-1.107-1 General plan.

GSPR 5A is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 5A-1.107-2 Numbering.

(a) The numbering system used in GSPR 5A conforms to the FPR System (see § 1-1.007-2). A particular policy or procedure is identified by the same number in GSPR 5 or the FPR, except that the first digit-letter which appears is 5A.

(b) When 5A implements a part, subpart, section or subsection of GSPR 5 or the FPR, the implementing part, subpart, section, or subsection of GSPR 5A is numbered (and captioned) to correspond to the FPR or GSPR 5 part, subpart, section, or subsection.

(c) When GSPR 5A supplements GSPR 5 or the FPR and thus deals with subject matter not contained in GSPR 5 or the FPR, numbers in the group 50 through 89 will be assigned to the supplementing part, subpart, section, or subsection.

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