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such additional information as may be received by it from the vessel owner or his authorized agent within the thirty-day period provided for in paragraph (b), above.
(d) Notwithstanding any other provision of this Article, the Contractor and the Government agree and stipulate that the question of compliance or noncompliance by the vessel owner with the Restrictive Charter clause is one of fact. Consequently, if at any time after payment by the Contractor to the vessel owner or his authorized agent of the aforesaid withheld twenty-five percent the Government should discover that the vesse) in question did in fact enter a Communist Far East Port before expiration of the sixtyday period provided in said clause, the Contractor shall be indebted to and shall pay the Government in full amount of said withheld twenty-five percent of the freight charges. Conversely, if at any time after the Contractor has finally determined that there has been noncompliance with the Restrictive Charter clause and has paid the withheld twenty-five percent of the freight charges to the Government pursuant to paragraph (b) of this Article, it should be conclusively established that the vessel in question did not in fact enter a Communist Far East Port before expiration of the sixty-day period provided in the Restrictive Charter clause, the Government shall reimburse the Contractor with the full amount of the twenty-five percent of freight charges withheld by the Contractor from the vessel owner.
CHAPTER 5D/TRANSPORTATION AND COMMUNICATIONS SERVICE, GENERAL
General Services Administra-
the FPR and Chapter 5, GSPR.
AUTHORITY: The provisions of this part 5D-1 issued under sec. 205(C), 63 Stat. 390, 40 U.S.C. 486 (C); and 41 CFR 5-1.101(c), 28 F.R. 4559.
SOURCE: The provisions of this part 5D-1 appear at 28 F.R. 8406, Aug. 16, 1963.
$ 5D-1.000 Scope of part.
This part describes the method by which the Transportation and Communications Service implements and supplements the Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSAwide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations (GSPR)). In addition, it contains policies and procedures which implement and supplement Chapter 1 and Chapter 5.
Subpart 5D-1.1-Introduction $ 50-1.104 Applicability. § 5D-1.101 Scope of subpart.
Chapter 5D applies to all purchases
and contracts made by TCS for the proThis subpart establishes Chapter 5D
curement of personal property and nonof the General Services Administration
personal services (including TCS-related Procurement Regulations (41 CFR Chap
construction). ter 5D), states its relationship to the Federal Procurement Regulations (FPR) $ 5D-1.105 Exclusions. and GSPR Chapter 5, and sets forth (a) Certain TCS procurement policies other introductory information.
and procedures which come within the $ 5D-1.102 Establishment of Chapter
scope of this chapter nevertheless may 5D, General Services Administration be excluded therefrom when there is Procurement Regulations.
justification. These exclusions include This Chapter 5D of the GSPR is pre
the following categories: scribed by the Commissioner, Transpor
(1) Subject matter which bears a tation and Communications Service, and
security classification. is established to provide all Transporta
(2) Policies or procedures which are tion and Communications Service (TCS)
expected to be effective for a period of
less than six months. activities with additional uniform policies and procedures applicable to the pro
(3) Policies or procedures which are curement of personal property and non
effective on an experimental basis for a personal services.
(4) Policies or procedures pertaining § 5D-1.103 Relationship of Chapter 5D to other functions of TCS, as well as to
to the FPR and Chapter 5, GSPR. procurement functions and there is need (a) GSPR Chapter 5D implements
to make the issuance available simuland supplements the FPR and GSPR
taneously to all TCS employees conChapter 5. Implementing material is
cerned. that which expands upon related FPR
(5) When speed of issuance is essenor Chapter 5 material. Supplementing
tial, numerous changes are required, and material is that for which there is no
all necessary changes cannot be made counterpart in the FPR or GSPR Chap
promptly. ter 5.
(b) TCS procurement policies and (b) Material published in the FPR
procedures issued in other than the FPR and GSPR Chapter 5 becomes effective
system format under paragraphs (a) (4) throughout TCS upon the effective date
and (5), above, will be codified into of the particular FPR or GSPR Chapter
Chapter 5D at the earliest practicable 5 material. Such material will not be
date, but in any event not later than repeated, paraphrased, or restated in
six months from date of issuance. Chapter 5D. Therefore, all three must be reviewed to obtain comprehensive
§ 5D-1.106 Method of issuance. coverage of TCS-wide procurement poli- (a) All Chapter 5D material deemed cies and procedures.
necessary for business concerns, and (c) Material in Chapter 5D imple- others interested, to understand TCS ments and supplements but does not su- procurement policies and procedures will persede the FPR or GSPR Chapter 5, be published in the FEDERAL REGISTER. unless a deviation from FPR or GSPR Other related material also may be pubChapter 5 has been authorized and such lished in the FEDERAL REGISTER when its deviation is explicitly referenced. In inclusion will provide a logical, comprecases of conflict or when Chapter 5D hensive statement of TCS procurement contains no related material implement- policies and procedures. ing the FPR or Chapter 5, the FPR or (b) Chapter 5D material published in Chapter 5 will govern.
the FEDERAL REGISTER will be published in
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.
(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).”
cumulative form in Chapter 5D of Title 41 of the Code of Federal Regulations. 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. $ 5D-1.107 Arrangement. $ 5D-1.107-1 General plan.
Chapter 5D is divided into parts, subparts, sections, subsections, and further subdivisions as necessary. $ 5D-1.107–2 Numbering.
(a) Generally, the numbering system used in Chapter 5D 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, GSPR Chapter 5, and Chapter 5D, except that the first digit of the number is either 1, 5, or 5D.
(b) When Chapter 5D implements a part, subpart, section, or subsection of the FPR or GSPR Chapter 5, the implementing part, subpart, section, or subsection of Chapter 5D will be numbered (and captioned) to correspond to the FPR or the Chapter 5 part, subpart, section, or subsection.
(c) When Chapter 5D supplements the FPR or Chapter 5 and thus deals with subject matter not contained in the FPR or Chapter 5, the numbers in the group 70 through 89 will be assigned to the respective supplementing parts, subparts, sections, or subsections.
(d) When the subject matter contained in a part, subpart, section, or subsection of the FPR or Chapter 5 requires no implementation, Chapter 5D will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5D series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR and Chapter 5 for policy and procedure applicable throughout TCS. $ 5D-1.107–3 Cross-references.
(a) Within Chapter 5D, cross-references to the FPR and GSPR Chapter 5,
$ 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 5D1.108(b)."
$ 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.