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 vessel 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. This subpart establishes Chapter 5D of the General Services Administration Procurement Regulations (41 CFR Chapter 5D), states its relationship to the Federal Procurement Regulations (FPR) and GSPR Chapter 5, and sets forth other introductory information. § 5D-1.102 Establishment of Chapter 5D, General Services Administration Procurement Regulations. This Chapter 5D of the GSPR is prescribed by the Commissioner, Transportation and Communications Service, and is established to provide all Transportation and Communications Service (TCS) activities with additional uniform policies and procedures applicable to the procurement of personal property and nonpersonal services. § 5D-1.103 Relationship of Chapter 5D to the FPR and Chapter 5, GSPR. (a) GSPR Chapter 5D implements and supplements the FPR and GSPR Chapter 5. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or GSPR Chapter 5. (b) Material published in the FPR and GSPR Chapter 5 becomes effective throughout TCS upon the effective date of the particular FPR or GSPR Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5D. Therefore, all three must be reviewed to obtain comprehensive coverage of TCS-wide procurement policies and procedures. (c) Material in Chapter 5D implements and supplements but does not supersede the FPR or GSPR Chapter 5, unless a deviation from FPR or GSPR Chapter 5 has been authorized and such deviation is explicitly referenced. In cases of conflict or when Chapter 5D contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern. § 5D-1.104 Applicability. Chapter 5D applies to all purchases and contracts made by TCS for the procurement of personal property and nonpersonal services (including TCS-related construction). § 5D-1.105 Exclusions. (a) Certain TCS 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) 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 or procedures pertaining to other functions of TCS, as well as to procurement functions and there is need to make the issuance available simultaneously to all TCS employees concerned. (5) When speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly. (b) TCS procurement policies and procedures issued in other than the FPR system format under paragraphs (a) (4) and (5), above, will be codified into Chapter 5D at the earliest practicable date, but in any event not later than six months from date of issuance. (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. |