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emulative form in Chapter 5D of Title '. of the Code of Federal Regulations. rhe Federal Register and Title 41 of the -ode of Federal Regulations may be purhased from the Superintendent of Docuaents. Government Printing Office, Washington 25, D.C.

! 5D—1.107 Arrangement.

'•I i-l.lOT-I General plan.

Chapter 5D is divided into parts, sublarts. sections, subsections, and further ubdivisions as necessary.

i 5D-1.107-2 Numbering.

(a) Generally, the numbering system ised in Chapter 5D conforms to that of he FPR (see § 1-1.007-2). Thus, a paricular procurement policy or procedure s identified by the same number in the TR, GSPR Chapter 5, and Chapter 5D, xcept that the first digit of the number s either 1, 5, or 5D.

(b) When Chapter 5D implements a jart. subpart, section, or subsection of he FPR or GSPR Chapter 5, the impleaenting part, subpart, section, or subection of Chapter 5D will be numbered and captioned) to correspond to the *PR or the Chapter 5 part, subpart, secton, or subsection.

(c) When Chapter 5D supplements he FPR or Chapter 5 and thus deals I'ith subject matter not contained in the *PR or Chapter 5, the numbers in the iroup 70 through 89 will be assigned to he respective supplementing parts, subtarts, sections, or subsections.

(d) When the subject matter conained in a part, subpart, section, or subaction of the FPR or Chapter 5 requires 10 implementation. Chapter 5D will conain no corresponding part, subpart, secion, or subsection number. Thus, there nay be gaps in the Chapter 5D series of •art, subpart, section, or subsection num(ers. In such cases, reference must be nade to the FPR and Chapter 5 for policy ind procedure applicable throughout

res.

3D—1.107—3 Cross-references.

ta) Within Chapter 5D, cross-refernces to the FPR and GSPR Chapter 5,

will be made in the same manner as used within the FPR and Chapter 5. Illustrations of cross-references to Chapter 5 are:

(1) Part 5-2.

(2) Subpart 5-2.2.

(3) § 5-2.203-1.

(b) Within Chapter 5D. cross-references to parts, subparts, and sections will be made in a manner generally similar to that used in making cross-references to the FPR and Chapter 5. For example, this paragraph would be referenced as "§5D-1.107-3(b)."

§ 5D-1.108 Citation.

(a) Citation In formal documents, such as contracts, shall give the number of the part, subpart, or section of Chapter 5D following the words "General Services Administration Procurement Regulations" and shall include an appropriate reference to "41 CFR

"where the material has been

published in the Federal Register.

(b) Any section of Chapter 5D, for purpose of brevity, may be informally identified as "GSPR" followed by the section number. For example, this paragraph would be identified as "GSPR 5L>

§ 5D-1.109 Deviations.

(a) The term "deviation" as used in this Chapter 5D is defined in the same manner as described in § 1-1.009-1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation by TCS activities from this Chapter 5D will be kept to a minimum and controlled as follows:

(1) Requests for authority to deviate from Chapter 5D shall be submitted to the Commissioner, TCS. Such requests will be supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(2) Authorized deviations will expire 12 months from date of approval, unless extended or sooner rescinded without prejudice to any action taken thereunder.

(b) Deviation from the PPR and Chapter 5 will be processed in accordance with § 5-1.109(b). In order to maintain uniformity to the greatest extent feasible, deviation by DMS activities from this Chapter 5C will be kept to a minimum and controlled as follows:

(1) Deviation will be made only after prior approval by the Commissioner, DMS.

(2) Requests for authority to deviate from Chapter 5C shall be submitted to the Commissioner, DMS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(3) Deviations authorized under subparagraph (1), above, will expire, unless extended, 12 months after the date of approval, or unless sooner rescinded, all without prejudice to any action taken thereunder.

(c) Except as otherwise authorized, when a deviation from a Chapter 5C contract form provision is authorized, physical change may not be made in the printed form, but shall be made by appropriate provision in the schedule specification, or continuation sheet as appropriate.

Subpart 5C-1.3—General Policies

§ 5C—1.310 Responsible prospective contractor.

§ 5C—1.310—6 Determination of responsibility.

DMS contracting activities shall notify each bidder determined not to be responsible, by letter, signed by the contracting officer, after clearance with the Director or Deputy Director, Materials Division, or the Director, Industrial Equipment Division, or the Director, Emergency Programs Division, and legal counsel as appropriate, of the reasons for rejecting his bid.

§ 5C-1.315 Use of liquidated damages provisions in procurement contracts.

§ 5C-1.315-2 Policy.

A liquidated damages provision shall not be used in supply or service contracts without the prior approval of the Director or Deputy Director, Materials Division, DMS.

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journals, the classified sections of city directories or telephone directories, and listings of other Federal agencies.

§ 5C-2.205-2 Removal of names from bidders mailing lists.

If any concern fails to respond to or acknowledge receipt of three successive bid invitations or solicitations for offers, its name may, in the discretion of the contracting officer, be removed from the bidders mailing list, and such concern shall be promptly notified in writing of the action taken.

§ 5C-2.205-70 Additions to bidders mailing lists.

When a concern requests that its name be included in the general bidders mailing list without specifying the item or items in which it has an interest, it should be requested to identify the item or items which it is prepared to furnish to the Government. If the concern accedes to such request, its name should be placed upon the bidders mailing list for each item so identified; but if it fails or refuses so to do, its name shall nevertheless be included in the general bidders mailing list.

§ SC-2.205-71 Maintenance of bidders mailing lists.

Each procuring activity shall assure the efficient maintenance of bidders mailing lists on a current basis by careful and continuous review and revision of such lists.

Subpart 5C-2.4—Opening of Bids

and Award of Contract
§ 5C-2.407 Award.
§ 5C-2.407-8 Protests against award.

When oral protests are received, the person making the protest shall be requested to submit the protest in writing, stating therein his interest in the matter. Any protest of award received shall be referred to the contracting officer for preparation of a reply and shall normally be processed as follows:

(a) Protests before award. When a protest is received prior to making an award, no award shall be made pending resolution of the protest, except where the items to be procured are urgently required or if it is otherwise in the best interests of the Government to do so; provided, however, that no awards under such circumstances shall be made without advice from the appropriate legal counsel and the approval of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate, or higher authority.

(b) Protests after award. When protests are received after award has been made, the contracting officer shall de

'velop the facts in the case and prepare a reply to the protest in letter form for the signature of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS. as appropriate. Such replies must be concurred in by legal counsel.

§ 5C-2.407-70 Award when only one bid is received.

When only one bid is received in response to an invitation for bids, such bid may be considered and accepted if (&> the specifications used in the invitation were not restrictive, (b) adequate competition was solicited, (c) the price is reasonable, and (d) the bid is otherwise in accordance with the invitation for bids and governing requirements.

PART 5C-3—PROCUREMENT BY
NEGOTIATION

Subport 5C—3.4—Types of Contracts

§ 5C—3.450 Oral commitments.

<a> Contracts for the procurement of rubber and cordage fibers may be negotiated by telephone at the market price prevailing at the time of negotiation. Oral commitments are essential in this type of procurement because of rapid price fluctuations occurring in the worldwide marketing and distribution system peculiar to these commodities.

(b) The contracting officer shall arrange immediately to reduce each such oral commitment to writing, using approved GSA forms.

(Sec. 205.0. 63 Stat. 390, 40 U.S.C. 486(c); 41 CFR 5-1.101(C), 28 F.R. 4559) |28 F.R. 7837. Aug. 1, 1963]

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