5-1.5306 Responsibility for assuring the availability of funds.

5-1.5307 Standards of conduct.

Subpart 5-1.54-Products or Services Presented for Procurement Consideration

5-1.5401

5-1.5402

Policy. Definitions.

5-1.5403 Initial referral of inquiries.

5-1.5404

Processing of inquiries.

5-1.5405 Processing of completed application forms.

AUTHORITY: The provisions of this Part 5-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

§ 5-1.000

Scope of part.

This part describes the method by which the General Services Administration (GSA) implements and supplements the Federal Procurement Regulations (FPR), and contains procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations (41 CFR 1-1).

[28 F.R. 4559, May 7, 1963]

Subpart 5-1.1-Introduction

SOURCE: The provisions of this Subpart 5-1.1 appear at 28 F.R. 4559, May 7, 1963; 28 F.R. 4954, May 12, 1963.

§ 5-1.100 Scope of subpart.

This subpart establishes the General Services Administration Procurement Regulations and states their relationship to the Federal Procurement Regulations System.

§ 5-1.101 General Services Administration Procurement Regulations.

(a) The General Services Administration Procurement Regulations (GSPR) 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,

(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, will be codified into Chapter 5 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 5 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 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.

(a) In formal documents, such as legal briefs, citations of Chapter 5 material which has been published in the FEDERAL REGISTER Shall include citation to Title 41 of the Code of Federal Regulations. If Chapter 5 material has not been published in the FEDERAL REGISTER, citation of such material in formal documents should give the number of the part, subpart, or section of Chapter 5 following the words "General Services Administration Procurement Regulations." 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)."

For

(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)."

(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.

Subpart 5-1.3-General Policies

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

§ 5-1.302 Procurement sources.

§ 5-1.302-50 Employees of the Federal Government.

No contract for the procurement of personal property or nonpersonal cerv

ices (including construction) shall be entered into with any employee of the Federal Government or with any firm substantially owned or controlled by one or more employees of the Federal Government, except for the most cogent reasons and only with the approval of the head of the service or staff office conducting the procurement.

§ 5-1.305 Specifications.

§ 5-1.305-2 Exceptions to mandatory use of Federal Specifications.

Pursuant to § 1-1.305-2(f), when an Interim Federal Specification exists for a specific item which is also described in a Federal Specification, procuring activities shall use the Interim Federal Specification in lieu of the Federal Specification upon determination that the Federal Specification is not suitable for the 'specific application.

§ 5-1.305-3 Deviations from Federal Specifications.

Any deviation from a Federal Specification contemplated under § 1-1.305-3 shall be submitted to the Commissioner, FSS, or his designee, for approval prior to use. The request shall include a statement describing the deviation, with justification therefor and, where applicable, a recommendation for revision or amendment of the specification.

§ 5-1.305-4 Optional use of Interim Federal Specifications.

Procuring activities shall use Interim Federal Specifications in lieu of Federal Specifications whenever practical, in accordance with § 5-1.305-2. When a procuring activity finds an Interim Federal Specification is not practical for use, or that changes are desirable, the Standardization Division, FSS, shall be so notified. The reasons for the impracticability and any recommendations for changes shall be included in the notification.

§ 5-1.305-6 Military and departmental specifications.

In the absence of a Federal Specification or Interim Federal Specification, military and departmental specifications shall be considered. The selection of the most appropriate specification is for determination by the contracting officer.

§ 5-1.305-50 Use and availability of specifications and standards.

(a) Formal specifications and standards shall be included by reference in invitations for bids and requests for proposals. The reference shall fully identify the specification or standard by the series printed thereon, e.g., Federal (or Interim Federal), military, or departmental (Forest Service, etc.), followed by the number and date. (The specification number includes the revision indicator.) Amendments shall be separately identified, e.g., Federal Specification GG-S225b, November 30, 1961, and Interim Amendment 1, dated August 5, 1964. Canceled or superseded specifications or standards shall not be used. Normally, there is a sufficient time interval between the time a revised specification is issued (i.e., when it is available in distribution) and its effective date (i.e., as indicated in suppliments to the Index of Federal Specifications and Standards) to permit contracting officers to reference the specification in invitations for bids which will be effective both at the time of bid opening and at the time of award. a result it seldom should be necessary to consider amendment or cancellation of invitations for bids because a superseded specification has been cited.

As

(b) Business Service Centers stock most Federal and Interim Federal Specifications and Standards for issue in limited quantities without charge. When an invitation for bids or request for proposals refers to a specification or standard not normally available from Business Service Centers, the contracting officer shall arrange with appropriate Business Service Centers or otherwise, to make copies available to bidders. The invitation or request shall state where copies of required specifications and standards can be obtained.

(c) (1) In formally advertised procurements, when the contracting officer discovers, prior to the time set for the opening of bids, that a specification has been cited which is not the specification that should have been cited (e.g., not current, number and title do not agree, number and date do not agree, etc.) and a change in the outstanding invitation for bids is deemed necessary in the best interest of the Government, an amendment shall be issued in accordance with § 1-2.207 of this title. If such a dis