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are the GSA procurement policies and procedures which, together with the Federal Procurement Regulations, govern the procurement by GSA of personal property and nonpersonal services (including construction).

(b) GSA-wide procurement policies and procedures are prescribed by the Administrator of General Services in Chapter 5 of GSPR to provide for all GSA activities additional uniform policies and procedures applicable to the procurement of personal property and nonpersonal services (including construction).

(c) Procurement policies and procedures necessary to implement or supplement the FPR and GSPR Chapter 5 will be issued by the Heads of Services and Staff Offices of GSA and by authorized regional officials of GSA in designated chapters.

§ 5-1.102

Relationship of GSPR Chapter 5 to the FPR.

(a) GSPR Chapter 5 implements and supplements the FPR and is part of the Federal Procurement Regulations System. Material published in the FPR (which has Government-wide applicability) becomes effective throughout GSA upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 5.

(b) Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 5 may deviate from the FPR when a deviation (see § 5-1.108) is authorized and is explicitly referenced to the FPR. Where Chapter 5 contains no material implementing the FPR, the FPR alone will govern.

§ 5-1.103 Applicability.

Chapter 5 applies to all purchases and contracts made by the General Services Administration for the procurement of personal property and nonpersonal services (including construction). Unless otherwise specified, Chapter 5 applies to purchases and contracts within and outside the United States.

§ 5-1.104 Method of issuance.

(a) All Chapter 5 material deemed necessary for business concerns and others interested to understand basic and significant GSA procurement policies

and procedures will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REGISTER When its inclusion will provide a logical, comprehensive statement of GSA procurement policies and procedures.

(b) GSPR Chapter 5 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5 of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5). The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, 25, D.C.

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(a) Certain GSA procurement policies and procedures which come within the scope of this Chapter 5 nevertheless may be excluded therefrom when there is justification. These exclusions may 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 six months.

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

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

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

(b) Procurement policies and procedures issued in other than the FPR system format under (a) (4) and (5), above, I will be codified into Chapter 5 at the earliest practicable date, but in any event not later than six months from date of issuance.

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FPR (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and Chapter 5 except that the first digit of the number is either 1 (FPR) or 5 (GSPR).

(b) Where Chapter 5 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of Chapter 5 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 5 supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 69 will be assigned to the respective supplementing part, subpart, or section.

(d) Where the subject matter contained in the part, subpart, section, or subsection of the FPR requires no implementation, Chapter 5 will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 5 series of part, subpart, section, or subsection numbers; in such cases, reference must be made to the FPR for policy and procedure applicable throughout GSA.

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example, section 5-1.104 (c), which was not published in the FEDERAL REGISTER, 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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