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, Government Printing Office, Washington, 25, D.C.

(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, I will be codified into Chapter 5 at the earliest practicable date, but in any event not later than six months from date of issuance.

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.

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)."

(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)."

§ 5-1.108 Deviation.

(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 o 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.

No contract for the procurement of personal property or nonpersonal services (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) Rescinded or superseded specifications or standards shall not be used.

(b) Generally, 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 type (e.g., Fed. Spec., Int. Fed. Spec., MIL, etc.) and number, and shall include amendments, supplements, and revisions, if any. The date should also be given if the number reference is not sufficient to identify the specification or standard beyond question.

(c) Business Service Centers stock most Federal, Interim Federal and GSA specifications, and Federal Standards, for issue in limited quantities to the general public without charge. When an invitation refers to a specification or standard not normally available from Business Service Centers, the contracting officer shall arrange, with appropriate Busines 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.

(d) When, prior to the time set for the opening of bids or receipt of proposals, the contracting officer discovers that an incorrect specification has been cited (e.g., not current, number and title do not agree, number and date do not agree, etc.), he shall take immediate corrective action. All prospective bidders who were sent the invitation shall be notified by amendment (see § 1-2.207), citing the correct specification. If the citation of an incorrect specification is not discovered until after bids have been

opened, all bids should ordinarily be rejected and the requirement readvertised; but if the requirement is urgent or the deviation between the cited specification and the correct one is immaterial, and award based on the incorrent specification is considered in the best interest of the Government, the head of the procuring activity may authorize such award. When an award has been made, based on an incorrect specification undiscovered prior to award, contractors shall be required to comply with the specification cited in the contract unless cancellation is accomplished for the best interest of the Government, or unless the contractor agrees to deliver a superior product under the correct specification at the bid price.

§ 5-1.307 Purchase descriptions.

In general, repeated use of the same purchase description indicates that consideration should be given to developing a specification. In such cases procuring activities shall forward an appropriate recommendation through channels, together with a complete description of the item, to the Standardization Division. FSS, for necessary action.

(b) A liquidated damages provision shall be included in all construction contracts, except where a justification to omit such provision is approved by the Head of the Service or Staff Office involved or his designees. For purpose of this section, the term "construction" includes repair, alteration, and improvement.

[28 F.R. 4561, May 7, 1963, as amended at 28 F.R. 13840, Dec. 19, 1963]

§ 5-1.350 Advance notices of contract award.

Advance notice of award shall be in writing over the signature of the contracting officer except as otherwise authorized in this § 5-1.350. When an advance notice of award is issued, it shall be followed as soon as possible by the formal contract document.

[26 F.R. 10354, Nov. 3, 1961]

§ 5-1.350-1 Circumstances which warrant advance notice.

Advance notices of contract award may be issued by contracting officers under any one or more of the circumstances listed in this § 5-1.350-1 and § 5-1.350-3.

(a) A bid or offer is about to expire and it is necessary to issue an award notice promptly.

(b) Prompt action is necessary to afford the contractor an opportunity to secure necessary materials.

(c) Delivery or performance is urgent and cannot await release of formal contract documents.

(d) Contract involves work of an urgent nature and it is essential that the contractor rush all preliminaries prior to actual starting of work.

(e) Prompt action is necessary to secure advance predelivery samples on contracts.

(f) Prompt action is necessary to permit contractors to proceed with preparation of necessary catalogs and other Federal Supply Schedule data.

(g) A prospective contractor requests advice, orally or in writing, as to whether he is to receive the award, and gives good and sufficient reasons to the satisfaction of the contracting officer, why advance notice is desirable.

(h) Other compelling circumstances exist, but only with the approval of the head of the procuring activity.

126 F.R. 10354, Nov. 3, 1961]

§ 5-1.350-2 Telegraphic notices.

When justified, contracting officers may issue telegraphic notices. Such notices shall contain in addition to the requirements set forth in § 5-1.350-4, a statement that written confirmation will follow. Such confirmation shall be issued without delay.

[26 F.R. 10354, Nov. 3, 1961]

§ 5-1.350-3 Oral notices.

Oral notices shall not be used, except as authorized in this § 5-1.350-3. Such notices shall include a statement that written confirmation will follow, and such confirmation shall be issued without delay.

(a) Oral notices may be issued by DMS in negotiating the procurement of rubber and cordage fibers.

(b) Oral notices may be issued by TCS in negotiating the procurement of transportation and related services when the exigencies of the situation will not admit of delay, and when security regulations preclude telegraphic notice of award.

[26 F.R. 10354, Nov. 3, 1961]

under a contract is more or less than $20,000 or whether more than one payment may be necessary, the contract shall be numbered.

[27 F.R. 6830, July 19, 1962]

§ 5-1.352-2 System of numbering.

(a) Contract numbers shall be placed in the space provided therefor on the contract form, or, if no such space is provided, in the upper right corner of the contract separate from all other information and identified as such.

(b) Each series of contract numbers shall be assigned by the procuring activity in numerical sequence beginning with number 1 and going through 99,999 without regard to the fiscal year. Contracts beyond 99,999 shall be assigned a new series of numbers beginning with number 1. A separate series of numbers shall be used for each type of contract or procurement program where the use of a single series of numbers by the procuring activity is impractical. Records shall be maintained by the procuring activity to insure the continuity and control of numbers assigned.

(c) Each contract number shall be prefixed by use of the symbol "GS", followed by a dash and the appropriate location and procuring activity designation set forth in paragraphs (d) and (e), of this section.

(d) The following designations shall be used to identify the Central Office or GSA region in which the procuring activity is located:

(f) An example of the general system of numbering is set forth below:

GS-02S-1

(1) The capital letters "GS" denote the General Services Administration. (2) The designation "02" represents the location of the procuring activity (Region 2).

(3) The capital letter "S" represents the procuring service (FSS).

(4) The figure "1" represents the first contract made by the procuring activity (g) Each negotiated contract sha contain the symbol "NEG” inserted im mediately above the contract number Additional identification not inconsist ent with this that prescribed in

§ 5-1.352-2 may be used if necessary for the internal control and routing of con tracts and related documents. Such additional identification, if needed should be held to the minimum consist ent with adequate control of such con tracts. When such additional identifi cation is adopted by a procuring activity notification of such action shall be fur nished to the Office of Financial Man agement, OFA, or Office of Regiona Financial Management, as appropriate [27 F.R. 6830, July 19, 1962]

Subpart 5-1.5-Contingent Fees SOURCE: §§ 5-1.508 to 5-1.508-2 appear a 25 F.R. 13217, Dec. 22, 1960. § 5-1.508

Enforcement.