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Subpart 5-1.3-General Policies 85-1.305-6 Military and departmental

specifications. SOURCE: The provisions of this Subpart 5-1.3 appear at 26 F.R. 6199, July 11, 1961,

In the absence of a Federal Specificaunless otherwise noted.

tion or Interim Federal Specification,

military and departmental specifications § 5-1.302 Procurement sources.

shall be considered. The selection of the § 5-1.302–50 Employees of the Federal most appropriate specification is for deGovernment.

termination by the contracting officer. No contract for the procurement of 8 5–1.305–50 Use and availability of personal property or nonpersonal serv

specifications and standards. ices (including construction) shall be

(a) Rescinded or superseded specificaentered into with any employee of the

tions or standards shall not be used. Federal Government or with any firm substantially owned or controlled by one

(b) Generally, specifications and or more employees of the Federal Gov

standards shall 'be included by referernment, except for the most cogent

ence in invitations for bids and requests reasons and only with the approval of the

for proposals. The reference shall fully head of the service or staff office con

identify the specification or standard by ducting the procurement.

type (e.g., Fed. Spec., Int. Fed. Spec., MIL, etc.) and number, and shall include amendments, supplements, and

revisions, if any. The date should also & 5-1.305 Specifications.

be given if the number reference is not § 5-1.305–2_Exceptions to mandatory sufficient to identify the specification or use of Federal Specifications.

standard beyond question. Pursuant to § 1-1.305–2(f), when an

(c) Business Service Centers stock

most Federal, Interim Federal and GSA Interim Federal Specification exists for

specifications, and Federal Standards, a specific item which is also described

for issuc in limited quantities to the genin a Federal Specification, procuring activities shall use the Interim Federal

eral public without charge. When an Specification in lieu of the Federal Spec

invitation refers to a specification or ification upon determination that the

standard not normally available from Federal Specification is not suitable for

Business Service Centers, the contractthe specific application.

ing officer shall arrange, with appropri

ate Busines Service Centers or otherwise, $ 5–1.305–3 Deviations from Federal to make copies available to bidders. The Specifications

invitation or request shall state where Any deviation from a Federal Specifi- copies of required specifications and cation contemplated under § 1-1.305-3

standards can be obtained. shall be submitted to the Commissioner,

(d) When, prior to the time set for FSS, or his designee, for approval prior

the opening of bids or receipt of proto use. The request shall include a posals, the contractii officer discovers statement describing the deviation, with that an incorrect specification has been justification therefor and, where appli

cited (e.g., not current, number and title cable, a recommendation for revision or do not agree, number and date do not amendment of the specification.

agree, etc.), he shall take immediate

corrective action. All prospective bid$ 5–1.305-4 Optional use of Interim

ders who were sent the invitation shall Federal Specifications.

be notified by amendment (see § 1-2.207), Procuring activities shall use Interim citing the correct specification. If the Federal Specifications in lieu of Federal citation of an incorrect specification is Specifications whenever practical, in ac- not discovered until after bids have been cordance with $ 5–1.305–2. When opened, all bids should ordinarily be reprocuring activity finds an Interim Fed- jected and the requirement readvertised; eral Specification is not practical for use, but if the requirement is urgent or the or that changes are desirable, the Stand- deviation between the cited specification ardization Division, FSS, shall be so and the correct one is immaterial, and notified. The reasons for the imprac- award based on the incorrent specificaticability and any recommendations for tion is considered in the best interest changes shall be included in the of the Government, the head of the pronotification.

curing activity may authorize such

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award. When an award has been made, based on an incorrect specification undiscovered prior to award, contractors shall be required to comply with the specification cited in the contract unless cancellation is accomplished for the best interest of the Government, or unless the contractor agrees to deliver a s.perior product under the correct specification at the bid price. $ 5–1.307 Purchase descriptions.

In general, repeated use of the same purchase description indicates that consideration should be given to developing a specification. In such cases procuring activities shall forward an appropriate recommendation through channels, together with a complete description of the item, to the Standardization Division, FSS, for necessary action.

85–1.317 Noncollusive bids and pro.

posals. Authority to determine that a disclosure was not made with collusive intent under paragraph (d) of the certification prescribed in § 1-1.317 is vested in the Head of the Central Office Service or Staff Office concerned, with authority to redelegate to officials not below the level of head of a procuring activity, and Regional Administrators. All determinations require concurrence by the Office of General Counsel at the level of Assistant General Counsel or above. (29 F.R. 231, Jan. 9, 1964)

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126 F.R. 9749, Oct. 17, 1961) § 5-1.310–6 Determination of responsi.

bility. When a bid or offer is rejected because of a determination by the contracting officer that the prospective contractor does not qualify as responsible, the contracting officer shall notify the prospective contractor by letter, setting forth the reasons for the rejection. This will provide opportunity, where applicable, for the correction of the offending practices prior to future offerings. (26 F.R. 9749, Oct. 17, 1961) § 5-1.315 Use of liquidated damages

provisions in procurement contracts.

$ 5–1.350 Advance notices of contract

award. Advance notice of award shall be in writing over the signature of the contracting officer except as otherwise authorized in this $ 5–1.350. When an advance notice of award is issued, it shall be followed as soon as possible by the formal contract document. (26 F.R. 10354, Nov. 3, 1961] § 5-1.350_1 Circumstances which war.

rant advance notice. Advance notices of contract award may be issued by contracting officers under any one or more of the circumstances listed in this § 5-1.350-1 and § 5-1.350–3.

(a) A bid or offer is about to expire and it is necessary to issue an award notice promptly.

(b) Prompt action is necessary to afford the contractor an opportunity to secure necessary materials.

(c) Delivery or performance is urgent and cannot await release of formal contract documents.

(d) Contract involves work of an urgent nature and it is essential that the contractor rush all preliminaries prior to actual starting of work.

(e) Prompt action is necessary to secure advance predelivery samples on contracts.

(f) Prompt action is necessary to permit contractors to proceed with preparation of necessary catalogs and other Federal Supply Schedule data.

(g) A prospective contractor requests advice, orally or in writing, as to whether he is to receive the award, and gives good and sufficient reasons to the satisfaction of the contracting officer, why advance notice is desirable.

§ 5-1.315-2 Policy,

(a) Before a liquidated damages provision is included in a supply or service contract, other than construction, approval is required of the Head of the Service or Staff Office involved, or his designees.

(b) A liquidated damages provision shall be included in all construction contracts, except where a justification to omit such provision is approved by the Head of the Service or Staff Office in. volved or his designees. For purpose of this section, the term “construction” includes repair, alteration, and improvement. 128 F.R. 4561, May 7, 1963, as amended at 28 F.R. 13840, Dec. 19, 1963)

(h) Other compelling circumstances under a contract is more or less than exist, but only with the approval of the $20,000 or whether more than one payhead of the procuring activity.

ment may be necessary, the contract 126 FR. 10354, Nov. 3, 1961)

shall be numbered.

(27 F.R. 8830, July 19, 1962) § 5-1.350_2 Telegraphic notices. When justified, contracting officers

§ 5-1.352–2 System of numbering. may issue telegraphic notices. Such notices shall contain in addition to the re

(a) Contract numbers shall be placed quirements set forth in $ 5–1.350–4, a

in the space provided therefor on the

contract form, or, if no such space is prostatement that written confirmation will follow. Such confirmation shall be is

vided, in the upper right corner of the sued without delay.

contract separate from all other infor

mation and identified as such. (26 FR. 10354, Nov. 3, 1961)

(b) Each series of contract numbers $ 5–1.350_3 Oral notices.

shall be assigned by the procuring activOral notices shall not be used, except

ity in numerical sequence beginning with

number 1 and going through 99,999 withas authorized in this § 5-1.350–3. Such notices shall include a statement that

out regard to the fiscal year. Contracts

beyond 99,999 shall be assigned a new written confirmation will follow, and

series of numbers beginning with numsuch confirmation shall be issued without delay.

ber 1. A separate series of numbers shall (a) Oral notices may be issued by

be used for each type of contract or proDMS in negotiating the procurement of

curement program where the use of a rubber and cordage fibers.

single series of numbers by the procuring

activity is impractical. Records shall be (b) Oral notices may be issued by TCS

maintained by the procuring activity to in negotiating the procurement of trans

insure the continuity and control of portation and related services when the

numbers assigned. exigencies of the situation will not ad.

(c) Each contract number shall be mit of delay, and when security regula

prefixed by use of the symbol “GS”, foltions preclude telegraphic notice of

lowed by a dash and the appropriate loaward.

cation and procuring activity designa(27 F.R. 10354, Nov. 3, 1961)

tion set forth in paragraphs (d) and (e), § 5-1.350–4 Content of notice.

of this section.

(d) The following designations shall The content of advance notices of

be used to identify the Central Office or award may vary, but shall contain all

GSA region in which the procuring acof the essential elements to identify the

tivity is located: award, such as: identification of invita

00 Central Office tion, description of item, quantity and

01 Region 1 price, and contract number assigned.

02 Region 2 Care should be taken to avoid the use

03 Region 3 of language which might in any way 04 Region 4 vary from the terms of the offer.

05 Region 5 (26 FR. 10354, Nov. 3, 1961)

06 Region 6

07 Region 7 $ 51.352 Contract numbering.

08 Region 8 [27 FR. 6830, July 19, 1962)

09 Region 9

10 Region 10 & 5–1.352-1 Contracts required to be numbered.

(e) Service and staff office designa

tions shall be used to identify the proFor identification and control, all con

curing activity in accordance with the tracts involving the payment of $20,000

following: or more in a single payment and all multiple-payment contracts, regardless of

E Omice of Finance and Administration

P Defense Materials Service amount, shall be numbered. Contracts

S Federal Supply Service involving the payment of less than

B Public Buildings Service $20,000 in a single payment may or may

T Transportation and Communications not be numbered depending upon the

Service needs of the procuring activity. In case U Utilization and Disposal Service of doubt whether the amount to be paid R National Archives and Records Service

(f) An example of the general system of numbering is set forth below:

GS-02S-1 (1) The capital letters "GS" denote the General Services Administration.

(2) The designation "02" represents the location of the procuring activity (Region 2).

(3) The capital letter “S” represents the procuring service (FSS).

(4) The figure “1” represents the first contract made by the procuring activity.

(g) Each negotiated contract shall contain the symbol "NEG" inserted immediately above the contract number. Additional identification not inconsistent

with that prescribed in this $ 5–1.352-2 may be used if necessary for the internal control and routing of contracts and related documents. Such additional identification, if needed, should be held to the minimum consistent with adequate control of such contracts. When such additional identification is adopted by a procuring activity, notification of such action shall be furnished to the Office of Financial Management, OFA, or Office of Regional Financial Management, as appropriate. (27 F.R. 6830, July 19, 1962)

Subpart 5–1.5—Contingent Fees

SOURCE: The provisions of this Subpart 5–1.5 appear at 25 F.R. 13217, Dec. 22, 1960. § 5–1.508 Enforcement.

When the representation required by 8 1-1.505 is in the afirmative, each indicated successful bidder or proposed contractor shall be required to submit a completed Standard Form 119 in triplicate. (References in this § 5-1.508 to the Compliance Division shall mean the regional representative or the Central Office of the Compliance Division, as appropriate.) 8 5–1.508–1 Failure or refusal to fur.

nish representation and agreement. Th name of each indicated successful bidder or proposed contractor who fails or refuses to furnish the representation and agreement after opportunity therefor has been afforded, shall be submitted, with a statement of the pertinent circumstances, to the Compliance Division for such further action as may be appropriate. $ 5–1.508–2 Failure or refusal to fur

nish Standard Form 119. The name of each indicated successful bidder or proposed contractor who fails or refuses to furnish a completed Standard Form 119 (or a statement in lieu thereof as provided in § 1-1.507-2) shall be submitted, together with pertinent information, to the Compliance Division for appropriate action. If the contract has been awarded or offer accepted, consideration shall be given to the feasibil. ity of terminating the contract, the future eligibility as a bidder or contractor of the concern in question, or other appropriate action.

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