Page images
[blocks in formation]

(Address) § 1-4.606 Humane method of livestock

slaughter clause. The following clause shall be used in accordance with § 1-4.604(d): HUMANE METHOD OF LIVESTOCK SLAUGHTER

(a) The supplier (contractor) agrees that livestock products sold to the Government, except products produced or processed from livestock slaughtered outside the United States, its possessions, and Puerto Rico, conform to the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901–1906).

(b) The supplier (contractor) shall have furnished the Government a Statement of Eligibility (Humane Slaughter Act) before award of this contract or issuance of this purchase order, and such Statement is hereby incorporated by reference. § 1-4.607 Reporting violations.

Reports of possible violation of a statement of eligibility given in accordance with § 1-4.604 shall be made to the Department of Justice by each agency in accordance with agency procedures.

Subpart 1-5.6—(Reserved]
Subpart-1-5.7— [Reserved]

Subpart 1–5.8— [Reserved]
Subpart 1–5.9—Use of GSA Supply Sources by

Contractors Performing Cost- Reimbursement

Type Contracts 1-5.900 Scope of subpart. 1-5.901 Policy. 1-5.902 Authorization to contractors. 1-5.903 Procedure for placing orders. 1-5.903–1 Orders under Federal Supply

Schedule contracts. 1-5.903–2 Orders for GSA stores stock. 1-5.904 Furnishing information to con

tractors. 1-5.905 Payment for GSA stores stock.

Subpart 1–5.10—Use of Excess Aluminum 1-5.1000 Scope. 1-5.1001 Use of excess aluminum in Na

tional Stockpile. 1-5.1001-1 Government Use Program. 1-5.1001–2 Contract clause. 1-5.1001-3 Contract clause for construction

contracts. AUTHORITY: The provisions of this part 1-5 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

Subpart 1-5.1- [Reserved]

Subpart 1-5.2—[Reserved]
Subpart 1–5.3—Excess Personal

Property SOURCE: The provisions of this Subpart 1-5.3 appear at 29 F.R. 10187, July 24, 1964, unless otherwise noted. § 1-5.300 Scope of subpart.

This subpart sets forth policies and related material regarding the use of excess personal property as a source of supply. This subpart does not include, modify, or supersede instructions concerning the reassignment of personal property within executive agencies and the transfer of excess, or other instructions concerning the utilization of Government-owned personal property, which are contained in Part 101-43 of the Federal Property Management Regulations. (30 F.R. 16111, Dec. 28, 1965] § 1-5.301 Definition of excess personal

property. “Excess personal property” means any personal property under the control of any Federal agency which is not required for its needs and the discharge of its


Subpart 1-5.1-[Reserved]

Subpart 1–5.2—[Reserved] Subpart 1–5.3—Excess Personal Property Sec. 1-5.300 Scope of subpart. 1-5.301 Definition of excess personal prop

erty. 1-5.302 Policy. 1-5.303 Implementation of policy. 1-5.304 Assistance by General Services Ad

ministration in filling requirements from excess.

Subpart 1-5.4 [Reserved] Subpart 1-5.5-Interagency Motor Pool Vehicles

and Related Services Available to Government

Contractors 1-5.500 Scope of subpart. 1-5.501 Policy. 1-5.502 Authorization. 1-5.503 Means of obtaining service. 1-5.504 Use of services.

responsibilities, as determined by the

ibilities as determined by the head thereof. § 1-5.302 Policy.

To the fullest extent practicable, agencies shall use excess personal property as the first source of supply in fulfilling their requirements and requirements of their cost-type contractors. § 1-5.303 Implementation of policy.

(a) In giving effect to the policy stated in § 1-5.302, agencies should provide that:

(1) Personnel authorized to approve actions for procurement or other acquisition of personal property will make positive efforts to obtain excess before such actions are undertaken.

(2) Personnel mentioned in (1) of this § 1-5.303(a) will receive available information concerning excess personal property from appropriate General Seryices Administration regional offices.

(b) Prior to procurement or other acquisition of property, careful and receptive consideration shall be given to utilization of known usable excess personal property of a similar type, including the possibility of substitution or adaptation of excess items not identical with requested items, whether the excess items are unused, rehabilitated, or in used condition, and regardless of whether the intended acquisition would be from General Services Administration stores stock or from other sources of supply. § 1-5.304 Assistance by General Serv.

ices Administration in filling require

ments from excess. (a) Information regarding the availability of excess personal property may be obtained through the following:

(1) Personal contact with the General Services Administration or the holding installation.

(2) Review of excess personal property catalogs and bulletins circularized by the General Services Administration.

(3) Submission of personal property requirements to the regional offices of the General Services Administration. (GSA Form 1539, Request for Excess Personal Property, is available for this purpose.)

(4) Examination and inspection of reports and samples of excess personal property assembled for this purpose in General Services Administration regional offices.

(b) The General Services Administration will assist agencies in meeting their requirements for property of the types excepted from reporting as excess by $ 101-43.312 of the Federal Property Management Regulations. Federal agencies requiring such property should contact the appropriate GSA regional office. GSA area utilization officers, stationed at military points throughout the United States which generate the largest amounts of excess, are screening and offering for Government use nonreported excess personal property as it becomes available for transfer. [29 F.R. 10187, July 24, 1964, as amended at 30 F.R. 16111, Dec. 28, 1965)

Subpart 1-5.4—[Reserved] Subpart 1-5.5-Interagency Motor

Pool Vehicles and Related Services Available to Government Contractors SOURCE: The provisions of this Subpart 1-5.5 appear at 31 F.R. 12521, Sept. 22, 1966, unless otherwise noted. § 1-5.500 Scope of subpart.

This subpart prescribes policies and procedures governing Federal agencies in authorizing their prime contractors and subcontractors thereunder to obtain interagency motor pool vehicles and related services for use in performing costreimbursement type contracts and cost-reimbursement type subcontracts thereunder (see § 1-3.405 of this chapter). § 1-5.501 Policy.

(a) When a Federal agency deems that it is in the best interest of the Government to do so, the agency contracting officer may authorize cost-reimbursement type prime contractors and their cost-reimbursement type subcontractors to obtain interagency motor pool vehicles and related services, including: (1) Fuel and lubricants, (2) vehicle inspection, (3) maintenance and repair of vehicles, (4) vehicle storage, and (5) commercially rented vehicles for short-term use.

(b) Complete rebuilding of major components of contractor-owned or -leased equipment will require the approval of the contracting officer in each specific instance. Before issuing an authorization, the agency contracting officer shall determine the advantage to

the Government to be obtained there. Subpart 101–39.8 of Part 101-39 of this from and shall take into consideration title. any recommendations of the contractor.

§ 1-5.503 Means of obtaining service. (c) Except as otherwise specifically authorized by the Administrator of Gen (a) Requests for service by authorized eral Services at the request of the agency contractors and subcontractors shall be involved, Government prime contractors submitted in writing to the appropriate and their subcontractors shall not be au- General Services Administration rethorized to obtain interagency motor gional office, Transportation and Compool vehicles and related services for use munications Service, Motor Equipment in connection with the performance of Division. Such requests shall include the any contract or subcontract other than following information: cost-reimbursement type.

(1) Two copies of agency authoriza

tion to obtain vehicles or related services § 1-5.502 Authorization.

from General Services Administration; (a) Authorization to cost-reimburse (2) Number of vehicles and/or related ment type prime contractors and their services required and period(s) of use; cost-reimbursement type subcontractors (3) A list of the names of employees to obtain interagency motor pool vehi of the authorized contractor who are cles and related services shall be given eligible to request vehicles and related only under the following conditions: services;

(1) The agency determines that pro (4) A listing of the make, model, and vision of motor pool vehicles and related serial number of contractor-owned or services to its contractor will accomplish -leased equipment authorized to be agency contractual objectives and will serviced; and effect demonstrable economies;

(5) Billing instructions and address. (2) The contractor or subcontractor (b) Requests involving unusual quanshall procure automobile liability insur tities of vehicles should be submitted as ance covering bodily injury and property far in advance as possible to facilitate damage, with such limits of liability as making vehicles available. may be required or approved by the

§ 1-5.504 Use of services. agency, protecting the contractor, subcontractor, and the Government against

Use of interagency motor pool vehicles, third party claims arising from the own- their service and maintenance, and the ership, maintenance, or use of a motor use of related services by cost-reimbursepool vehicle;

ment type contractors and subcontrac(3) Periodic checks will be made by tors shall be in accordance with Part 101the agency to assure that authorized

39 of this title and with instructions in contractors and subcontractors are using

the Operators Packet which is furnished vehicles and related services exclusively

with each interagency motor pool ve

hicle. “Official use" of interagency motor under cost-reimbursement type con

pool vehicles and related services by autracts and subcontracts; and

thorized Government contractors and (4) The contractor or subcontractor

subcontractors is defined in § 101-39.602 will assume the cost or expense of any of this title. use of motor pool vehicles and services not related to the performance of the

Subpart 1-5.6— [Reserved] contract without the right of reimburse Subpart 1-5.7—[Reserved] ment from the Government for such cost

Subpart 1-5.8— [Reserved] or expense.

(b) Authorizations shall be in writing Subpart 1–5.9—Use of GSA Supply and shall cite the number of the cost Sources by Contractors Performing reimbursement type contract or subcon

Cost-Reimbursement Type Contract; specify any applicable limitations

tracts on the authority, including the period of eligibility; and any other pertinent

SOURCE: The provisions of this Subpart

1-5.9 appear at 32 F.R. 15674, Nov. 14, 1967, information.

unless otherwise noted. (c) Agencies authorizing contractor use of interagency motor pool vehicles

§ 1-5.900 Scope of subpart. and related services are subject to the This subpart prescribes policies and responsibilities and liabilities provided in procedures for Federal agencies regard

ing the use of General Services Adminis- necessary in the public interest. For extration (GSA) supply sources (i.e., items ample, it may choose to: available through Federal Supply Sched (1) Authorize purchases from GSA ule contracts and from GSA stores supply sources of any overhead supplies, stock) by contractors in performing cer but no production supplies; or tain Government contracts. The term (2) Limit any authorization require“contractor” as used in this subpart, ment to use GSA sources to a specific unless the context otherwise requires, in dollar amount, leaving the contractor cludes subcontractors who qualify in ac- free to make smaller purchases from any cordance with the provisions of $ 1- source he chooses; or 5.902(b). (With respect to the use by (3) Restrict the authorization to cergrantees of these and other GSA sources tain plants or facilities or to specific of supply and services, see GSA Bul contracts; or letin FPMR A-17, dated November 7, (4) Provide that title vest in orbe 1967.)

retained by the Government when de

termined to be in the best interest of § 1-5.901 Policy.

the Government. (a) It is the policy of the General Services Administration to make GSA

The terms and conditions which the

agency may impose are not limited to supply sources available to all eligible

the foregoing examples. users in order to promote greater econ

(d) In determining whether to issue omy and efficiency in Government pro

such an authorization, consideration curement programs. (b) To the extent provided in this

should be given, but not necessarily lim

ited to, the following factors: subpart, the policy is applicable to con

(1) The administrative cost of placing tractors working wholly or substantially

orders with Government sources, and on cost-reimbursement contracts.

the program impact of delay factors, if § 1-5.902 Authorization to contractors. any. (a) When an agency determines that

(2) Lower cost of purchased items. it is in the best interest of the Govern

(3) Suitability of items available ment to do so, the agency shall authorize

through GSA supply sources. in writing its prime contractors and,

(4) Delivery factors such as cost and where appropriate, their subcontractors,

time. to utilize GSA supply sources in per

(5) Recommendations of prime conforming Government contracts. Authori

tractors. zations to subcontractors shall be issued

(e) Each authorization issued under through, and subject to the approval of,

this subpart shall: the prime contractor. Each authoriza

(1) Cite the number of the contract or tion (prime or sub) shall be supported

contracts involved. by a written finding of the facts which

(2) Specify that the Federal Standard are the basis for the determination to is

Requisitioning and Issue Procedure sue the authorization. Such findings

(FEDSTRIP) shall be utilized when orshall be retained in agency contract files.

dering GSA stock items, as required by (b) Except as provided in § 101–26.407

Subpart 101-26.2 of this title, and inof this title regarding the procurement

clude an address and billing code idenof security cabinets by fixed-price con

tifying the ordering contractor. Such tractors, such authorization may be is

codes may be obtained from the Federal sued only where an agency deems it ad

Supply Service of the appropriate GSA visable for a contractor to utilize GSA

regional office. supply sources in performing:

(3) Whenever practicable, contain a (1) Government cost-reimbursement

limit upon the period of effectiveness of contracts; and

the authorization. (2) Other types of negotiated con

(f) Copies of each authorization shall tracts where the agency determines that

be forwarded to the General Services a substantial dollar portion of the con

Administration, Federal Supply Service, tractor's contracts are of a Government Office of Supply Management-FF, Washcost-reimbursement nature.

ington, D.C. 20405, and to the Federal (c) Subject to the criteria set forth in Supply Service of the GSA regional ofparagraph (b) of this section, the agency fice serving the geographical area in may include in its written authorizations which the facilities of the authorized such limitations or conditions as it deems contractor are located.

(g) The authorizing agency shall promptly notify the offices named in paragraph (f) of this section whenever an authorization is withdrawn prior to the expiration of the established period of effectiveness or upon termination of a contract for which an authorization has been granted without limitation. The notification shall be in writing and shall:

(1) Cite the number of the contract involved.

(2) Contain the effective date of withdrawal of the authorization which, in the case of the termination of a contract for which an indefinite authorization was previously granted, shall be not later than the date of the termination of the contract.

(h) The authorizing agency shall be responsible for insuring that prime contractors and subcontractors comply with the terms of their authorizations and for insuring that supplies and services obtained from GSA sources of supply are properly used. § 1-5.903 Procedure for placing orders. § 1-5.903–1 Orders under Federal Sup

ply Schedule contracts. (a) Orders placed by Government contractors under Federal Supply Schedule contracts shall be placed in accordance with the provisions of the applicable Federal Supply Schedule and the authorization issued to the contractor. Each order shall be accompanied by a copy of the authorization (unless a copy was previously furnished to the Federal Supply Schedule contractor) and shall contain a statement as follows:

This order is placed pursuant to written authorization from dated -----------

----]. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

(b) In the event a Federal Supply Schedule contractor refuses to honor an order placed by a Government contractor in accordance with agency authorization pursuant to this Subpart 1-5.9, the contracting agency shall promptly report the facts and circumstances to the General Services Administration, Federal Supply Service, Office of Supply Management-FF, Washington, D.C. 20405.

§ 1-5.903—2 Orders for GSA stores stock.

(a) Orders placed by Government contractors for GSA stores stock shall be placed in accordance with the authorization, using the FEDSTRIP format in accordance with the provisions of Subpart 101-26.2. Each requisition shall include the address and billing codes indicated in the authorization. When orders are placed on GSA Form 1348m, Single Line Item Requisition System Document (MECHANICAL) (see § 10126.203–1(a) of this title), the statement of authorization required by paragraph (b) of this section shall be placed on the contractor's letterhead and used as a wrapper in submitting the mechanically prepared requisition cards.

(b) The statement of authorization which accompanies the contractor's order or requisition shall be substantially as follows:

This order is placed pursuant to written authorization from ----dated § 1-5.904 Furnishing information to

contractors. Agencies shall assist the contractors which they have authorized to use GSA supply sources to obtain pertinent Federal Supply Schedules and the GSA Stock Catalogs, and shall furnish them with any other desired information. Such schedules and catalogs may be obtained from any GSA regional office. § 1-5.905 Payment for GSA stores stock.

Bills for GSA stores stock are not rendered by GSA until after shipment has been made. Receipt of billing is construed as sufficient evidence of delivery to establish liability and make payment. Accordingly, agencies should direct their contractors to make payments promptly upon receipt of billings (see § 101–26.103 (d) (2) of this title). Subpart 1–5.10—Use of Excess

Aluminum SOURCE: The provisions of this Subpart 1-5.10 appear at 31 F.R. 8621, June 22, 1966; 31 F.R. 9216, July 6, 1966, unless otherwise noted. § 1-5.1000 Scope.

This subpart sets forth policies and procedures regarding the use of excess aluminum in the National Stockpile.

1 Insert “a copy of which is attached," or "a copy of which you have on file," or other suitable language, as appropriate.

« PreviousContinue »