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PART 5-1-GENERAL Sec. 5–1.000 Scope of part.

Subpart 5-1.1-Introduction 5–1.100 Scope of subpart. 5-1.101 General Services Administration

Procurement Regulations. 5-1.102 Relationship of GSPR Chapter 5

to the FPR. 5–1.103 Applicability. 5-1.104 Method of issuance. 5–1.105 Exclusions. 5-1.106 Arrangement. 5–1.106-1 General plan. 5–1.106–2 Numbering. 5-1.106-3 Cross-references. 5–1.107 Citation. 5–1.108 Deviation.

Subpart 5-1.3-General Policies 5-1.302 Procurement sources. 5-1.302–50 Employees of the Federal Gov

ernment. 5–1.305 Specifications. 51.305–2 Exceptions to mandatory use of

Federal Specifications. 5-1.305-3 Deviations from Federal Speci

fications. 5-1.305-4 Optional use of Interim Federal.

specifications. 5–1.305-6 Military and departmental spe

cifications. 5-1.305–50 Use and availability of specifica

tions and standards. 5-1.307 Purchase descriptions. 5-1.310 Responsible prospective contrac

tor. 5-1.310-6 Determination of responsibility. 5-1.315 Use of liquidated damages provi

sions in procurement con

tracts. 5-1.315-2 Policy. 5-1.317 Noncollusive bids and proposals. 5-1.350 Advance notices of contract

award. 5-1.350-1 Circumstances which warrant

advance notice. 5-1.350-2 Telegraphic notices. 5-1.350-3 Oral notices. 5-1.350-4 Content of notice. 5-1.352 Contract numbering. 5-1.352-1 Contracts required to be num

bered. 5-1.352-2 System of numbering.

Subpart 5-1.6-Debarred and Ineligible Bidders Sec. 5-1.602 Establishment and maintenance

of a list of firms or individ

uals debarred or ineligible. 5-1.603 Bases for debarment and ineligi

ble list entry. 5-1.604 Treatment to be accorded firms

or individuals in debarred or

ineligible status. 5-1.605 Causes and conditions applicable

to determination of debarment

by an executive agency. 5-1.606 Agency procedure. 5-1.606–50 GSA administrative debarments. 5-1.606–51 Debarment by other agencies. 5-1.606–52 Collection and evaluation of in

formation. 5-1.606–53 Investigations. 5–1.606–54 Determination to debar. 5-1.606-55 Institution of debarment pro

ceedings. 5-1.606–56 Hearings. 5-1.606-57 Notice of final decision in debar

ment proceedings. 5-1.606-58 Inquiries from debarred or in

eligible bidders. 5-1.607 General Services Administration

responsibility. 5-1.607–51 Consolidated List of Adminis

trative Debarments by Executive Agencies.

[blocks in formation]

Subpart 5–1.5—Contingent Fees 5–1.508 Enforcement. 5-1.508-1 Failure or refusal to furnish

representation and agreement. 5-1.508-2 Failure or refusal to furnish

Standard Form 119.

Subpart 5-1.10—Publicizing Procurement

Actions 5-1.1003 Synopses of proposed procure

ments. 5–1.1003–2 General requirements. 5–1.1003–6 Time of publicizing.

Subpart 5-1.52—Testing Articles and are the GSA procurement policies and Commodities

procedures which, together with the FedSec.

eral Procurement Regulations, govern 5-1.5201 General.

the procurement by GSA of personal 5-1.5202 Acceptance testing.

property and nonpersonal services (in5-1.5203 Certification testing.

cluding construction). 5–1.5204 Qualification (QPL) testing.

(b) GSA-wide procurement policies 5-1.5205 Research or development testing. and procedures are prescribed by the Ad

ministrator of General Services in ChapSubpart 5-1.53—Procurement Authority and Responsibility

ter 5 of GSPR to provide for all GSA

activities additional uniform policies and 5-1.5301 General. 5–1.5302 Designation of contracting officers.

procedures applicable to the procurement 5–1.5303 General authority of contracting

of personal property and nonpersonal officers.

services (including construction). 5-1.5304 General responsibility of contract

(c) Procurement policies and proceing officers.

dures necessary to implement or supple5-1.5305 Contracting officers' representa- ment the FPR and GSPR Chapter 5 will tives.

be issued by the Heads of Services and 5–1.5306 Responsibility for assuring the Staff Offices of GSA and by authorized

availability of funds. 5–1.5307 Standards of conduct.

regional officials of GSA in designated

chapters. Subpart 5–1.54—Products or Services Presented for Procurement Consideration

$ 5–1.102 Relationship of GSPR Chap5–1.5401 Policy.

ter 5 to the FPR. 5–1.5402 Definitions.

(a) GSPR Chapter 5 implements and 5–1.5403 Initial referral of inquiries.

supplements the FPR and is part of the 5–1.5404 Processing of inquiries.

Federal Procurement Regulations Sys5–1.5405 Processing of completed applica

tem. tion forms.

Material published in the FPR

(which has Government-wide applicaAUTHORITY: The provisions of this Part 5-1 bility) becomes effective throughout GSA issued under sec. 205(c), 63 Stat. 390; 40 upon the effective date of the particular U.S.C. 486 (c).

FPR material. Such material generally

will not be repeated, paraphrased, or 8 5–1.000 Scope of part.

otherwise restated in Chapter 5. This part describes the method by (b) Implementing material is that which the General Services Administra- which expands upon related FPR mation (GSA) implements and supplements terial. Supplementing material is that the Federal Procurement Regulations for which there is no counterpart in the (FPR), and contains procedures which FPR. implement and supplement Part 1-1 of (c) Material in Chapter 5 may deviate the Federal Procurement Regulations (41 from the FPR when a deviation (see CFR 1-1).

$ 5–1.108) is authorized and is explicitly (28 F.R. 4559, May 7, 1963)

referenced to the FPR. Where Chapter 5

contains no material implementing the Subpart 5-1.1 Introduction

FPR, the FPR alone will govern. SOURCE: The provisions of this Subpart

§ 5-1.103 Applicability. 5–1.1 appear at 28 F.R. 4559, May 7, 1963; Chapter 5 applies to all purchases and 28 F.R. 4954, May 12, 1963.

contracts made by the General Services

Administration for the procurement of $ 5–1.100 Scope of subpart.

personal property and nonpersonal seryThis subpart establishes the General ices (including construction). Unless Services Administration Procurement otherwise specified, Chapter 5 applies to Regulations and states their relationship purchases and contracts within and outto the Federal Procurement Regulations side the United States. System.

§ 5-1.104 Method of issuance. § 5-1.101 General Services Administra

(a) All Chapter 5 material deemed tion Procurement Regulations.

necessary for business concerns and (a) The General Services Administra- others interested to understand basic and tion Procurement Regulations (GSPR) significant GSA procurement policies

and procedures will be published in the FPR (see § 1-1.007–2). Thus, a particuFEDERAL REGISTER. Other related mate- lar procurement policy or procedure is rial also may be published in the FEDERAL identified by the same number in both REGISTER when its inclusion will provide the FPR and Chapter 5 except that the a logical, comprehensive statement of first digit of the number is either i GSA procurement policies and pro- (FPR) or 5 (GSPR). cedures.

(b) Where Chapter 5 implements a (b) GSPR Chapter 5 material pub- part, subpart, section, or subsection of lished in the FEDERAL REGISTER will be the FPR, the implementing part, subpart, published in cumulative form in Chapter section, or subsection of Chapter 5 will be 5 of Title 41 of the Code of Federal Regu- numbered (and captioned) to correspond lations (41 CFR Ch. 5). The FEDERAL to the FPR part, subpart, section, or REGISTER and Title 41 of the Code of subsection. Federal Regulations may be purchased (c) Where Chapter 5 supplements the from the Superintendent of Documents,

FPR and thus deals with subject matter Government Printing Office, Washing- not contained in the FPR, numbers in the ton, 25, D.C.

group 50 through 69 will be assigned to

the respective supplementing part, sub$ 5–1.105 Exclusions.

part, or section.

(d) Where the subject matter con(a) Certain GSA procurement policies tained in the part, subpart, section, or and procedures which come within the subsection of the FPR requires no implescope of this Chapter 5 nevertheless may

mentation, Chapter 5 will contain no be excluded therefrom when there is

corresponding part, subpart, section, or justification. These exclusions may in- subsection. Thus, there may be gaps in clude the following categories:

the Chapter 5 series of part, subpart, (1) Subject matter which bears a

section, or subsection numbers; in such security classification.

cases, reference must be made to the (2) Policies or procedures which are FPR for policy and procedure applicable expected to be effective for a period of throughout GSA. less than six months. (3) Policies or procedures which are

8 5–1.106-3 Cross-references. effective on an experimental basis for a (a) Within Chapter 5, cross-references reasonable period.

to the FPR will be made in the same (4) Policies and procedures pertaining manner as used within the FPR. Illusto other functions of GSA as well as to trations of cross-references to the FPR procurement functions and there is need are: to make the issuance available simul- (1) Part 1-3. taneously to all GSA employees con- (2) Subpart 1-3.1. cerned.

(3) § 1-3.413-5. (5) Where speed of issuance is essen- (b) Within Chapter 5, cross-references tial, numerous changes are required in to parts, subparts, and sections of ChapChapter 5, and all necessary changes ter 5 will be made in a manner generally cannot be made promptly.

similar to that used in making cross(b) Procurement policies and proce- references to the FPR. For example, dures issued in other than the FPR sys- this paragraph would be referenced as tem format under (a) (4) and (5), above, "$ 5–1.106–3(b)." will be codified into Chapter 5 at the earliest practicable date, but in any event

§ 5-1.107 Citation. not later than six months from date of (a) In formal documents, such as legal issuance.

briefs, citations of Chapter 5 material $ 5–1.106 Arrangement.

which has been published in the FEDERAL

REGISTER shall include citation to Title $ 5–1.106–1 General plan.

41 of the Code of Federal Regulations. Chapter 5 is divided into parts, sub

If Chapter 5 material has not been pubparts, sections, subsections, and further

lished in the FEDERAL REGISTER, citation subdivisions as necessary.

of such material in formal documents

should give the number of the part, sub& 5–1.106–2 Numbering.

part, or section of Chapter 5 following (a) Generally, the numbering system the words “General Services Administraused in Chapter 5 conforms to that of the tion Procurement Regulations." For

33-622 0-65-2

example, section 5–1.104(c), which was not published in the FEDERAL REGISTEP, would be cited in a legal brief as “General Services Administration Procurement Regulations 5–1.104(c)."

(b) Any section of Chapter 5, for purpose of brevity, may be informally identified as “GSPR" followed by the section number. For example, this paragraph would be identified in a memorandum as "GSPR 5-1.107(b)." § 5-1.108 Deviation.

(a) The term “deviation" as used in this Chapter 5 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 from the FPR and GSPR Chapter 5 shall be kept to a minimum and controlled as follows:

(1) Approval of any deviation by GSA activities from the FPR or Chapter 5 in individual cases will be made only by the Head of the responsible Central Office Service or Staff Office. In each instance the file shall disclose the nature of the deviation and the reasons for such special action, and a copy shall be furnished to the Office of Procurement and Economic Policy, OFA.

(2) Approval of any deviation by GSA activities from the FPR or Chapter 5 in classes of cases will be made only by the Administrator of General Services. Such deviations may be extended, but otherwise will expire 12 months from the date of approval, unless sooner rescinded, without prejudice to any action taken thereunder.

(c) Requests for deviations will be supported by statements adequate to disclose fully the nature of the deviation and the need therefor. In connection with class deviations, requests shall be submitted to the Administrator through the Office of Procurement and Economic Policy, OFA.

(d) Except as otherwise authorized, when a deviation from a Chapter 5 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, specifications, or continuation sheet as appropriate.

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