§ 5B-1.101

Establishment of Chapter 5B, General Services Administration Procurement Regulations.

This Chapter 5B of the General Services Administration Procurement Regulations (GSPR) is prescribed by the Commissioner, Public Buildings Service, and is established to provide all Public Buildings Service (PBS) activities with additional uniform operating policies and procedures applicable to the procurement of personal property and nonpersonal services (including construction).

§ 5B-1.102 Relationship of Chapter 5B to the FPR and Chapter 5.

(a) GSPR Chapter 5B implements and supplements the FPR and GSPR Chapter 5. Implementing material is that which expands upon related FPR and Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or Chapter 5.

(b) Material published in the FPR or Chapter 5 becomes effective throughout PBS upon the effective date of the particular FPR or Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5B. Therefore, all three must be reviewed to obtain comprehensive coverage of PBSwide procurement operating policies and procedures.

(c) Material in Chapter 5B implements and supplements but does not supersede the FPR or Chapter 5 unless a deviation has been authorized and the deviation is explicitly referenced. In cases of other conflict, or when Chapter 5B contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§ 5B-1.103 Applicability.

Chapter 5B applies to all purchases and contracts made by PBS for the procurement of personal property and nonpersonal services (including construction).

§ 5B-1.104 Method of issuance.

(a) All Chapter 5B material deemed necessary for business concerns, and others interested, to understand PBS procurement operating 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

(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.

§ 5B-1.106 Arrangement.

§ 5B-1.106-1 General plan.

Chapter 5B is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

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.

(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]

(a) GSA Form 1467, Invitation, Bid, nd Award (Contract for Building Serves), and GSA Form 1468, General Prosions (Contract for Building Services), all be used without limitation as to nount when formal advertising is reired in connection with procurement building services.

(b) Insurance provisions, worked out ith the regional Credit and Finance ivision, shall be inserted in all invitaons for bids for the procurement of ilding services where the aggregate nount involved is estimated to exceed ,,000.

(c) GSA Form 1714, Nondiscrimination in Employment, and GSA Form 1732, Bidder Affiliation and Identifying Data, shall be inserted in all invitations for bids for the procurement of building services where the aggregate amount involved is estimated to exceed $10,000.

(d) GSA Form 1411B, Contractor's Representation Regarding Contingent Fees (Contract for Building Services), shall be inserted in all invitations for bids for the procurement of building services where the aggregate amount involved is estimated to exceed $25,000.

(e) A description of the services to be furnished, the time and place of performance, the period to be covered if a term contract is involved, the requirements and specifications, payment provisions, and other special terms and conditions shall be developed and included in invitations for bids by separate attachment as necessary for each individual case. Bid bonds, performance bonds, or payment bonds should not ordinarily be required. The attachments should be identified in the space provided therefor on the face of GSA Form 1467. The number of calendar days within which the bid is to be accepted should be inserted in the block entitled "BID" before issuance of the invitation. 128 F.R. 5457, June 4, 1963]