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cept that the first digit of the number is either 1, 5, or 5B.
(b) Where Chapter 5B implements a part, subpart, section, or subsection of the FPR or Chapter 5, the implementing part, subpart, section, or subsection of Chapter 5B will be numbered (and captioned) to correspond to the FPR or the Chapter 5 part, subpart, section, or subsection.
(c) Where Chapter 5B supplements the FPR or Chapter 5 and thus deals with subject matter not contained in the FPR or Chapter 5, the numbers 70 through 89 will be assigned to the respective supplementing parts, subparts, sections, or subsections.
(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or Chapter 5 requires no implementation, Chapter 5B will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5B series of part, subpart, section, or subsection numbers. In such cases, reference is made to the FPR and Chapter 5 for policy and procedure applicable throughout PBS.
logical, comprehensive statement of PBS procurement operating policies and procedures.
(b) Chapter 5B material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5B of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5B). 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. $ 5B-1.105 Exclusions.
(a) Certain PBS procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is justification. These exclusions include the following categories:
(1) Subject matter which bears a security classification.
(2) Policy 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 or procedures pertaining to other functions of PBS as well as to procurement functions and there is need to make the issuance available simultaneously to all PBS employees concerned.
(5) Where speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly.
(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (a) (5), above, will be codified into Chapter 5B at the earliest practicable date, but in any event not later than six months from date of issuance. $ 53-1.106 Arrangement. $ 5B-1.106-1 General plan.
Chapter 5B is divided into parts, subparts, sections, subsections, and further subdivisions as necessary. $ 5B-1.106–2 Numbering.
(a) Generally, the numbering system used in Chapter 5B conforms to that of the FPR (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in the FPR, Chapter 5, and Chapter 5B, ex
$ 5B-1.106-3 Cross-references.
(a) Within Chapter 5B, cross-references to the FPR and Chapter 5 will be made in the same manner as used within the FPR. Illustrations of cross-references to Chapter 5 are:
(1) Part 5-2.
(b) Within Chapter 5B, 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. For example, this paragraph would be referenced as “g 5B1.106-3(b)." $ 5B-1.107 Citation.
(a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5B 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 5B, for purpose of brevity, may be informally
identified as “GSPR” followed by the section number. For example, this paragraph could be identified in a memorandum as “GSPR 5B-1.107(b)." § 53–1.108 Deviation.
(a) The term "deviation" as used in this Chapter 5B 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 PBS activities from this Chapter 5B will be kept to a minimum and controlled as follows:
(1) Approval of any deviation affecting the programs and operations of two or more PBS Offices will be made only by the Commissioner, PBS. In each instance the file shall disclose the nature of the deviation and the reasons for such special action.
(2) Approval of any deviation will be made only by the appropriate Assistant Commissioner, if the deviation does not affect the programs and operations of any other Office of PBS.
(3) Requests for authority to deviate from Chapter 5B shall be submitted to the appropriate Office of PBS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.
(4) Deviations in classes of cases, authorized under paragraphs (1) and (2) above, will expire, unless extended, 12 months from the date of approval, unless sooner rescinded, without prejudice to any action taken thereunder.
(c) Except as otherwise provided, when a deviation from a Chapter 5B 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.
Subpart 5B-1.3—General Policies
$ 5B-1.315 Use of liquidated damages
provisions in procurement contracts. [28 F.R. 11402, Oct. 24, 1963)
$ 5B-1.315–2 Policy.
(a) The rate of liquidated damages to be stipulated in a construction contract shall bear a realistic relationship to the probable damages the Government may be expected to suffer, and shall take into consideration the added costs of contract administration and supervision, interest on the Government's investment, and the net rental the Government would be obligated to pay as a result of construction not being completed on the scheduled date.
(b) The following Central Office and Regional personnel are designated to approve, where justified, the omission of a liquidated damages provision from a construction contract: Assistant Commissioner, Office of Design and Construction; Regional Administrators.
(c) Omission of a liquidated damages provision from a construction contract may be justified when construction consists of repairs, alterations, or improvements, any delay in the completion of which would still permit the occupying agency to continue its normal function in an uninterrupted manner and which would not result in added expense to the Government. (28 F.R. 11402, Oct. 24, 1963)
PART 5B-2-PROCUREMENT BY (d) GSA Form 1411B, Contractor's FORMAL ADVERTISING
Representation Regarding Contingent
Fees (Contract for Building Services), Subpart 5B-2.2-Solicitation of Bids shall be inserted in all invitations for
bids for the procurement of building Sec. 5B-2.201 Preparation of invitations for services where the aggregate amount inbids.
volved is estimated to exceed $25,000. 5B-2.201-70 Building services.
(e) A description of the services to be 5B-2.202 Miscellaneous rules for solicita- furnished, the time and place of performtion of bids.
ance, the period to be covered if a term 5B-2.202–70 Listing of subcontractors.
contract is involved, the requirements 5B-2.205 Bidders mailing lists.
and specifications, payment provisions, 5B-2.205-4 Excessively long bidders mail
and other special terms and conditions ing lists.
shall be developed and included in inAUTHORITY: The provisions of this part
vitations for bids by separate attach5B-2 issued under sec. 205(C), 63 Stat. 390, 40 U.S.C. 486 (C); and 41 CFR 5-1.101(c), 28
ment as necessary for each individual F.R. 4559.
case. Bid bonds, performance bonds, or
payment bonds should not ordinarily be SOURCE: The provisions of this part 5B-2
required. The attachments should be appear at 29 F.R. 232, Jan. 9, 1964, unless
identified in the space provided therefor otherwise noted.
on the face of GSA Form 1467. The
number of calendar days within which & 5B–2.201 Preparation of invitations
the bid is to be accepted should be infor bids.
serted in the block entitled “BID" before In addition to the requirements of issuance of the invitation. FPR 1-2.201, the invitation for bids on construction contracts shall include an § 53–2.202 Miscellaneous rules for soliestimate of the cost of the work to be
citation of bids. performed under the contract expressed 129 F.R. 15026, Nov. 6, 1964) as a range within which the estimate falls.
§ 5B-2.202–70 Listing of subcontrac
tors. $ 5B-2.201-70 Building services.
(a) Invitations for bids on construc(a) GSA Form 1467, Invitation, Bid, tion and alteration contracts estimated and Award (Contract for Building Serv- to cost in excess of $150,000 shall require ices), and GSA Form 1468, General Pro- the bidder to name the principal subconvisions (Contract for Building Services), tractors (or his own firm when it will pershall be used without limitation as to form the work). amount when formal advertising is re- (b) Contracting officers shall deterquired in connection with procurement mine the work categories for which of building services.
subcontractors' names are to be sub(b) Insurance provisions, worked out mitted. Generally the listing of the with the regional Credit and Finance Di- categories of work would include plumbvision, shall be inserted in all invitations ing, heating, airconditioning, electrical, for bids for the procurement of building elevators, and other general construction services where the aggregate amount in- categories the value of which is estimated volved is estimated to exceed $5,000.
to be at least 312 percent of the estimated (c) GSA Form 1714, Equal Opportu- cost of the entire contract. The list of nity Clause, and GSA Form 1732, Bidder categories of work will be included as part Affiliation and Identifying Data, shall be of the Bid Form. inserted in the invitation for bids for the (c) The requirement to list subconprocurement of building services where tractors may be excluded when it would the estimated cost of the work to be per- be clearly inappropriate, for example, if formed indicates that the resulting award the invitation involves work of only one may exceed $10,000.
category. Determinations to exempt
from the requirement shall be documented and retained in the contract file.
(d) The following clause shall be included in the Special Conditions:
LISTING OF SUBCONTRACTORS a. For each of the categories of work contained in the list included as part of the Bid Form, the bidder shall submit the name and address of the firm to whom he proposes to subcontract the work. The list may be submitted with the bid or thereafter by telegraph, mail, or otherwise. If sent separately, the envelope must be sealed, identified as to content, and addressed in the same manner as prescribed for submission of bids. A list submitted after the time set for submission of bids must be delivered to the place designated for receipt of bids no later than the exact time set for bid opening as stated elsewhere in this Invitation for Bids. Fail. ure to submit the list by the time set for bid opening shall cause the bid to be considered nonresponsive except in accordance with Instruction No. 7 of the Instructions to Bidders (Standard Form 22). Except as otherwise provided herein, the successful bidder agrees that he will not have any of the listed categories of work involved in the performance of this contract performed by any subcontractor other than the subcontractor named for the performance of such work.
b. The term "subcontractor" for the purposes of this requirement shall mean an individual or firm who performs active duties on the site, involving construction, fabrication, or installation of materials or items of equipment in connection with one or more of the categories of work contained in the list of subcontractors included as a part of the Bid Form and shall not include suppliers of these items unless listed or so stated in the specifications, or unless the supplier and installer are one individual or firm by reason of construction practice.
c. The bidder may list himself if it is his intention to perform one or more of the listed categories of work. In this case, all personnel performing such work shall be carried on his own payroll. Equipment may be self-owned or leased. If more than one subcontractor will perform a single category of work, the portion to be performed by each shall be specified.
d. Nothing contained in this clause shall be construed as changing the requirement in the General Conditions for the contractor to perform work with his own forces.
e. The Contractor shall be responsible for all work performed by subcontractors.
f. No substitutions for the firms named will be permitted except in unusual situations and then only upon the submission in writing to the Contracting Officer of a complete justification therefor and receipt of the Contracting Officer's written approval.
g. Notwithstanding any of the provisions of this clause, the contracting officer shall have authority to disapprove or reject the employment of any subcontractor he has determined nonresponsible; he shall have the right to require any information concerning the cost of performance of this contract by any subcontractor listed or proposed as a substitute for a listed subcontractor, as well as the right to require any other information: he deems necessary concerning any listed subcontractor or subcontractor proposed as a substitute. Imposition of any requirements under this subparagraph shall not give rise to any course of action against the Government by the successful bidder or by any subcontractor engaged or proposed to be engaged hereunder.
h. Nothing contained in this clause shall in itself be construed to create any contract or property rights in the successful bidder or any subcontractor.
i. In the event the bidder fails in connection with this bid (1) to identify the subcontractors as required by subparagraph a, or (2) to comply with subparagraph c if the bidder himself intends to perform one or more listed categories of work, the bid will be rejected nonresponsive to the invitation.
(e) Each invitation for bids containing the requirement to list subcontractors shall provide for submission of the list within 48 hours (plus 24 hours for each intervening Saturday, Sunday and/or holiday) after the time set for receipt of bids. Accordingly, Standard Form 20, Invitation for Bids (Construction Contract) shall be modified as follows:
TIME OF BID SUBMISSION Sealed bids in triplicate for the work described herein will received until
at (Time) (Date) (Room and address) where they will be held ntil
(Time) and then publicly opened in (Date)
(f) Contracting officers shall treat separate submissions of lists of subcontractors in the same manner as submissions of bids with respect to timeliness of receipt, modification, or withdrawal. Bids, modifications, or withdrawals received after the time set for receipt of bids are late and may be considered only if their late receipt may be waived under Instruction No. 7 of Instructions to Bidders (Standard Form 22). Lists of sub