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Use of Government sources by contractors (Re
Acquisition of leasehold interests in real property
PART 501-GENERAL SERVICES AD- Subpart 501.1-Purpose, Authority, MINISTRATION ACQUISITION
Issuance REGULATION SYSTEM
501.102 Authority. Subpart 501.1-Purpose, Authortly,
The General Services Administration Issuance
Acquisition Regulation (GSAR) is is
sued and maintained by the Associate Sec.
Administrator for Acquisition Policy 501.102 Authority. 501.103 Applicability.
under the authority of the Federal 501.104 Issuance.
Property and Administrative Services 501.104-1 Publication and code arrangement.
Act of 1949, as amended. 501.104–2 Arrangement of regulations. 501.104-3 Copies.
501.103 Applicability. 501.105 OMB Approval under the Paperwork
(a) This regulation applies to conReduction Act.
tracts for supplies or services (includ501.170 Other GSA publications. 501.170_1 GSA orders and handbooks.
ing construction). 501.170—2 Acquisition letters.
(b) Parts 501, 502, 503, 505, 506, 517, 530,
533, 552, 553, 570 and Subparts 504.2, Subpart 501.4-Deviations from the FAR 504.9, 507.1, 509.4, 515.1, 519.3, 519.6, 519.7, and GSAR
522.8, 522.13, 522.14, 532.1, 532.4, 532.6,
532.8, and 532.9 apply to leases of real 501.402 Policy. 501.403 Individual deviations.
property. Other provisions of the GSAR 501.404 Class deviations.
do not apply to leases of real property
unless a specific cross-reference is Subpart 501.6-Contracting Authortly and made in Part 570. Responsibilities
(c) This regulation applies to the dis
posal of real and personal property 501.601 General.
only to the extent explicitly stated. 501.602 Contracting officers.
The portions of Subpart 501.6 regarding 501.602-1 Authority. 501.602–2 Responsibilities.
the Contracting Officer Warrant Pro501.6023 Ratification of unauthorized com
gram and legal review and assistance, mitments.
and Subpart 504.70 on the uniform pro501.603 Selection, appointment, and termi- curement instrument identification nation of appointment.
system apply to the disposal of real or 501.603-1 General.
personal property. Subpart 509.4 re501.603-3 Appointment.
garding suspension and debarment of 501.6034 Termination. 501.603-70 Contracting officer warrant pro
contractors is applicable to contracts
for the disposal of personal property gram (COWP). 501.670 Legal review and assistance.
(see FPMR Subpart 101-45.6). 501.670-1 Policy.
(d) This regulation may deviate from 501.670–2 Definitions.
the Federal Acquisition Regulation 501.670-3 Responsibilities.
(FAR) when authorized. (See FAR Sub501.670 4 Legal review.
part 1.4 and Subpart 501.4.) When the 501.670–6 Legal assistance.
GSAR does not implement the FAR, 501.670–6 Waivers.
the FAR alone governs. Subpart 501-7-Determinations and (54 FR 26486, June 23, 1989, as amended at 57 Findings
FR 37889, Aug. 21, 1992) 501.700 Scope of subpart.
501.104 Issuance. 501.704 Content. 501.704–70 Sample formats.
501.104-1 Publication and code ar 501.707 Signatory authority.
rangement. AUTHORITY: 40 U.S.C. 486(c).
The GSAR is published in the daily SOURCE: 54 FR 26486, June 23, 1989, unless
issue of the FEDERAL REGISTER, a cuotherwise noted.
mulated form in the Code of Federal
Regulations (CFR), loose-leaf edition.
501.104-2 Arrangement of regulations.
(a) The numbering system used in GSAR conforms to the FAR System. A particular policy or procedure is identified by the same number in both the FAR and GSAR.
(b) When the GSAR implements the FAR, the GSAR is numbered (and captioned) to correspond to the FAR part, subpart, section, or subsection being implemented.
(c) When the GSAR supplements the FAR by dealing with subject matter not in the FAR, numbers beginning with 70
assigned to the supplementing part, subpart, section, or subsection.
(d) When the FAR requires no implementation, the GSAR will not contain corresponding citations. This will result in some gaps in the GSAR. In such cases, see the FAR for policies and procedures.
552.207-70 552.210-74 552.210-79 552.212-1 562.212-71 562.214–75 552.216-71 552.216-73 552.219_73 552.223–71 552.225–70 552.225–75 552.228-74 552.232-74 552.232-79 552.237-70 552.237-71 552.238-70 552.238-72 552.242-70 552.246-70 552.246-72 552.24971 GSA-72 GSA-72-A GSA-527 GSA-618-D GSA-1142 GSA-1364 GSA-1678 GSA-2419 570.802(c)
3090 0104 3090-0203 30900246 3090_0204 3090 0204 3090-0200 30900243 3090_0248 3090–0252 3090-0205 3090_0198 30900240 3090-0189 3090-0229 30900080 3090-0197 3090-0006 3090_0250 3090 0121 3090-0027 3090-0027 3090-0027 3090-0227 3090-0121 3090–0121 3090-0007 1215- 0149 3090-0080 3090-0086 30900027 9000-0102 3090–0086
(57 FR 14648, Apr. 22, 1992)
601.170 Other GSA publications.
Copies of the GSAR in CFR form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC 20402. 501.105 OMB Approval under the Pa
perwork Reduction Act. The following OMB control numbers apply:
501.170-1 GSA orders and handbooks.
Internal agency guidance, as described in FAR 1.301(a)(2), must be issued by heads of contracting activities in the form of a GSA order or handbook. GSA orders and handbooks must not unnecessarily repeat, paraphrase, or otherwise restate the FAR and GSAR. Policies and procedures for issuing GSA orders and handbooks are in the HB, Writing GSA Internal Directives (OAD P 1832.3A). (57 FR 14649, Apr. 22, 1992)
507.305 509.105–1(a) 510.004–70 510.0110) 512.104(a)(2) 512.104(a)(4) 514.201(7)(a) 516.203-4/) 516.505 ... 519.708(b) 522.4066 523.370. 525.105–70(0) 525.205 532.502-3 532.905–70 532.905–71 537.110(a) 537.110() 538.203–71(a) 538.203–72(0) 542.1107 546.302-70 546.302-71 546.570
3090-0104 30900007 3090-0203 3090–0246 3090–0204 3090_0204 3090-0200 3090–0243 30900248 3090–0252 1215
0140 3090-0205 3090–0198 3090 0240 3090_0229 9000-0102 30900080 3090-0197 3090_0006 3090-0121 3090 0250 3090-0027 3090-0027 3090-0027 3090-0227
501.170-2 Acquisition letters.
(a) Acquisition letters may be issued to provide coverage on an interim basis, pending incorporation of material in GSA orders or handbooks. Acquisition letters will be considered canceled after one year and therefore must be incorporated into the applicable order or handbook within that time period.
(b) The heads of contracting activities (HCA's) or their designees may issue acquisition letters. Normally no
Subpart 501.4-Deviations From
the FAR and GSAR
more than two officials within a contracting activity, as appropriate, may be designated to issue acquisition letters.
(c) Acquisition letters must be coordinated with appropriate offices including Acquisition Policy, Counsel, and the Inspector General. Proposed procedures affecting the operation of the small business program must be coordinated with the Office of Small and Disadvantaged Business Utilization (AU).
(d) Acquisition letters must be identified by a number assigned by the issuing activity. The number should begin with the correspondence symbol of the issuing office, followed by the last two digits of the calendar year in which it is issued and be numbered consecutively beginning with 1. For example, the number of the first letter issued by the Commissioner, Public Buildings Service, in calendar year 1989 will be P-89-1.
(e) The body of the acquisition letter should contain the following paragraphs, as appropriate:
(6) Applicability (offices to which acquisition letter is applicable).
(7) Reference to regulations (FAR or GSAR), handbooks, or orders.
(f) The issuing office is responsible for distributing its acquisition letters to affected contracting activities, regional Acquisition Management Staffs (RAMS), the Office of Acquisition Policy, appropriate Central Office contracting activities, Associate General Counsels, Regional Counsels, Directives and Correspondence Management Branch in Central Office, and Information Management Branches in the regions. In Region 3, it is the Administrative Operations Branch.
(g) Each issuing office must report on acquisition letters issued and canceled on a quarterly basis so that the Office of Acquisition Policy can issue a consolidated index of all acquisition letters issued or canceled. The index will be distributed to GSA contracting activities.
(a) In order to maintain maximum uniformity, deviations from the FAR and the GSAR must be kept to a minimum.
(b) A contracting activity may deviate from a regulatory provision which implements a statutory requirement provided the nature of the deviation does not violate the underlying statute.
(c) Deviations must not be used to defeat the FAR and GSAR approval requirements. 501.403 Individual deviations.
Individual deviations from the GSAR or the FAR must be approved by the head of the contracting activity. A copy of the deviation justification and approval must be furnished to the Office of Acquisition Policy (VP). 501.404 Class deviations.
(a) Class deviations from the FAR and GSAR must be approved by the Associate Administrator for Acquisition Policy (V).
(b) Class deviations from the GSAR will expire in 12 months if not extended. They may be rescinded earlier without prejudice to any action previously taken.
(c) A request for a class deviation must be supported by statements that fully disclose the need for and the nature of the deviation. (54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16, 1991)
Authority and Responsibilities 501.601 General.
Heads of contracting activities (see 502.1) are contracting officers by virtue of their position. Other contracting officers are appointed under FAR 1.603 and 501.603.
501.602 Contracting officers. 501.602-1 Authority.
Contracting authority is not required for:
(a) Using the imprest fund;
(b) Signing training authorizations for public course offerings;
(c) Signing travel documents;
(d) Ordering printing and duplicating services;
(e) Ordering supplies on Standard Form 344 or other FEDSTRIP forms;
(f) Signing Government Bills of Lading;
(g) Signing machine-loaded orders against established contracts for supplies to replenish warehouse stock;
(h) Signing machine-generated delivery orders against definite quantity contracts for motor vehicles;
(i) Signing memoranda of agreement with other Federal agencies (see ADM 5400.12A and PBS 5400.5B);
(j) Authorizing interagency transfers of funds.
(k) Using the Government telephone systems for commercial long distance and local service and/or approving payments for such services;
(1) Using the Federal Supply Service (FSS) nationwide contract for express small package transportation services and/or approving payments for such services; and
(m) Submitting a Standard Form 145, Telephone Service Request, to the Information Resources Management Service. (54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16, 1991)
purchase exceeds (by 10 percent or $50, whichever is greater) the dollar amount of funds cited on the purchase requisition.
(2) When a requisition is not used, e.g., lease of real properiy, the contracting officer must ensure funds are available before awarding the contract.
(c) Other Federal agencies' funds. For purchases for direct delivery to Federal agencies other than GSA, the receipt of a properly signed/approved purchase request is sufficient evidence that funds are available. Where, however, the agency's purchase request indicates that a specific dollar amount has been set aside for the acquisition, as in the
of a Project Implementation Order/Commodities (PIO/C) from the Agency for International Development, the buying activity must not exceed the fund limitation except to the extent authorized in supply support agreements. When the funds stated on the purchase request appear to be or are insufficient to cover costs for the acquisition, transportation, export surcharge, and any other expense involved in the delivery of material to designated consignees, additional funds must be obtained from the requiring agency before the acquisition is completed as indicated below:
(1) When requirements are submitted by agencies directly to a contracting division in the Central Office (regardless of where the procurement is actually made), the request for additional funds should be made by the Central Office contracting division.
(2) When requirements are submitted to a regional contracting division (regardless of where the acquisition is made), the request for additional funds will be made by the order processing and control activity in the region initially receiving the requirement. (54 FR 26486, June 23, 1989, as amended at 56 FR 15288, Apr. 16, 1991)
(a) GSA revolving funds. Unless otherwise notified, contracting officers may assume that sufficient funds are available for purchases payable from GSA revolving funds upon the receipt of a requisition signed by an authorized individual citing such funds. Requisitions for indefinite delivery contracts which provide for a guaranteed minimum must cite funds adequate to cover the guaranteed minimum quantities.
(b) GSA funds, other than revolving funds. (1) A requisition signed by an authorized individual may be considered as evidence that funds cited are available for purchases payable from GSA funds other than revolving funds. A certification that additional funds are available must be obtained from the requisitioning activity before awarding a contract or purchase order when the
501.6023 Ratification of unauthorized
commitments. (a) Authority. Under FAR 1.602-3, contracting officers may ratify unauthorized contractual commitments if the HCA approves the ratification action. The HCA may not redelegate this authority.