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CHAPTER 5D-TRANSPORTATION AND COMMUNICATIONS SERVICE, GENERAL SERVICES ADMINISTRATION

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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 § 5D-1.101 Scope of subpart.

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 poli

cies 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).

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(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 simul

taneously 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. § 5D-1.106 Method of issuance.

(a) All Chapter 5D material deemed necessary for business concerns, and others interested, to understand TCS 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 TCS procurement policies and procedures.

(b) Chapter 5D material published in the FEDERAL REGISTER will be published in 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.

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(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.

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(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)."

§ 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

99 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)."

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(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.

CHAPTER 6-DEPARTMENT OF STATE

Part 6-1

General.

6-60 Contract appeal regulations.

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