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CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION

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Part 5A-1 5A-2 5A-3 5A-5 5A-6 5A-7 5A-8 5A-9 5A-10 5A-11 5A-12 5A-14 5A-16 5A-19 5A-26 5A-30 5A-53 5A-60 5A-71 5A-72 5A-73 5A-74 5A-76

General...
Procurement by formal advertising ..........
Procurement by negotiation.......... ...................
Special and directed sources of supply ....
Foreign purchases ......
Contract clauses........
Termination of contracts
Patents, data, and copyrights......
Bonds and insurance .........
Federal, State, and local taxes ........
Labor..........
Inspection and acceptance..
Procurement forms ....
Transportation....
Contract modifications .............
Contract financing ............................
Contract administration..............
Contract appeals.......................
Procurement of nonstock/nonschedule items .........
Procurement of stock items..........
Federal Supply Schedule Program
Special purchase programs....................
Exhibits ......

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30-104 0–79_-28

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5A-1.101 Scope of subpart. 5A-1.102 General Services Administration

Procurement Regulations (GSPR). 5A-1.103 Relationship of GSPR Chapter

5A to the FPR. 5A-1.104 Applicability. 5A-1.105 Exclusions. 5A-1.106 Method of issuance. 5A-1.107 Arrangement. 5A-1.107-1 General plan. 5A-1.107-2 Numbering. 5A-1.107-3 Cross-references. 5A-1.108 Citation. 5A-1.109 Deviation.

Subpart 5A-1.2-Definition of Terms 5A-1.206 Head of the procuring activity. 5A-1.250 Procuring director.

Subpart 5A-1.3-General Policies 5A-1.304 Designation of solicitation open

ing time. 5A-1.305 Specifications. 5A-1.305-2 Exceptions to mandatory use of

Federal specifications. 5A-1.305-3 Deviations from Federal speci

fications. 5A-1.305-6 Military and departmental

specifications. 5A-1.305-50 Use and availability of specifi

cations and standards. 5A-1.305-70 Processing waivers and devi.

ations. 5A-1.306 Standards. 5A-1.307 Purchase descriptions. 5A-1.307-1 Applicability. 5A-1.307-4 Brand name products or equal. 5A-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions 5A-1.307-6 Invitations for bids, "brand

name or equal" descriptions. 5A-1.307-7 Bid evaluation and award.

"brand name or equal" descriptions. 5A-1.307-8 Procedure for negotiated pro

curements and small purchases. 5A-1.311 Priorities, allocations, and allot.

ments. 5A-1.315 Use of liquidated damages provi

sions in procurement contracts. 5A-1.315-2 Policy. 5A-1.316 Time of delivery or performance. 5A-1.316-2 General. 5A-1.316-3 Factors to be considered. 5A-1.316-4 Terms. 5A-1.316-5 Time of delivery clauses. 5A-1.317 Noncollusive bids and proposals. 5A-1.318 Disputes clause.

Sec. 5A-1.318-1 Contracting officer's decision

under the Disputes clause. 5A-1.350 Advance notices of contract

award. 5A-1.352 Contract numbering, 5A-1.352-1 Contracts required to be num

bered. 5A-1.352-2 Numbering system. 5A-1.352-3 Numbering of small contracts. 5A-1.352-4 Contract Register. 5A-1.370 Warranties. 5A-1.370-1 General. 5A-1.370-2 Policy. 5A-1.370-3 Use of a warranty. 5A-1.370-4 Warranty clause for supply

contracts. 5A-1.370-5 Warranty statement in pur

chase orders. 5A-1.371 Notification of proposed substan

tial awards and awards involving con

gressional interest. 5A-1.372–5A-1.374 (Reserved) 5A-1.375 Forms for recommending

award(s). 5A-1.376 Options. 5A-1.376-1 Applicability. 5A-1.376-2 Exercise of options. Subpart 5A-1.4-Procurement Responsibility

and Authority 5A-1.402 Authority of contracting officers. 5A-1.402-70 General responsibility of con

tracting officers. 5A-1.402-71 Responsibility for assuring the

availability of funds. 5A-1.402-72 Applicable penal statutes. 5A-1.404 Selection, designation, and termi.

nation of designation of contracting offi

cers. 5A-1.404-2 Designation. 5A-1.404-3 Termination of appointment of

contracting officer. 5A-1.404-70 Contracting officers' repre

sentatives. 5A-1.450 Participation of legal counsel in the procurement process.

Subpart 5A-1.5—Contingent Fees 5A-1.507 Use of Standard Form 119. Subpart 5A-1.6–Dobarred, Suspended, and

Ineligible Bidders 5A-1.602 Establishment and maintenance

of a list of concerns or individuals de

barred, suspended, or declared ineligible. 5A-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 5A-1.605 Suspension of bidders.

Subpart 5A-1.7-Small Business Concerns 5A-1.700 General. 5A-1.701-8 Class set-asides for small busi

ness concerns.

Subpart 5A-1.12- Responsible Prospective

Contractors

Sec. 5A-1.1205 Procedures for determining re

sponsibility of prospective contractors. 5A-1.1205-2 When information will be ob

tained. 5A-1.1205-4 Preaward surveys. 5A-1.1206 Subcontractor responsibility.

Sec. 5A-1.703-2 Protest regarding small busi

ness status. 5A-1.704 Agency program direction and op

erations. 5A-1.704-1 Program direction. 5A-1.704-2 Program operations. 5A-1.706 Procurement set-asides for small

business. 5A-1.706-1 General. 5A-1.706-5 Total set-asides. 5A-1.706-6 Partial set-asides. 5A-1.706-50 Documentation and review of

procurements not set-aside for small

business. 5A-1.706-51 Documentation and review of

small business set-aside determinations. 5A-1.708 Certificate of competency pro

gram. 5A-1.710 Subcontracting with small busi

ness concerns.

Subpart 5A-1.13-Minority Business

Enterprises 5A-1.1310 Subcontracting with minority

business enterprises. 5A-1.1310-50 Minority Business Subcon

tracting Program. 5A-1.1310-51 Marketing, management, and

technical assistance.

Subpart 5A-1.8-Labor Surplus Area Concerns 5A-1.804 Partial set-asides for labor sur

plus areas. 5A-1.804-1 General. 5A-1.804-2 Notice to bidders or offerors. 5A-1.804-3 Award procedures on the set.

aside portion. 5A-1.807 Report on procurement in labor

surplus areas.

Subpart 5A-1.18-Postaward Orientation of

Contractors 5A-1.1800 Scope of subpart. 5A-1.1803 Postaward orientation confer

ences. 5A-1.1803-2 Initial action. 5A-1.1803-4 Participants. 5A-1.1803-5 Conference procedure. 5A-1.1805 Reports.

Subpart 5A-1.9-Reporting Possible Antitrust

Violations

5A-1.901 General. 5A-1.902 Documents to be transmitted.

Subpart 5A-1.10—Publicizing Procurement

Actions 5A-1.1003 Synopses of proposed procure

ments. 5A-1.1003-1 Department of Commerce

Synopses. 5A-1.1003-7 Preparation and transmittal. 5A-1.1003-70 Synopses of amendments to

solicitations for offers. 5A-1.1004 Synopses of contract awards. 5A-1.1004-1 Preparation and transmittal. 5A-1.1007 Responsibility for conformance

with synopsizing program.

Subpart 5A-1.50—Report 5A-1.5000 Scope of subpart. 5A-1.5001 Report on procurement by civil

ian executive agencies. 5A-1.5004 Synopses of proposed procure

ments. 5A-1.5005 Synopses of contract awards. 5A-1.5009 Report of identical bids. 5A-1.5010 Notice of award of contracts

subject to the Walsh-Healey Public Con

tracts Act. 5A-1.5071 Reporting possible antitrust vio

lations. 5A-1.5074 Report of vendor performance. 5A-1.5075 Contingent or other fees. 5A-1.5082 Aid to labor surplus areas. 5A-1.5083 Unordered contract guaranteed

quantities. 5A-1.5083-1 Submission. 5A-1.5083-2 Form. 5A-1.5083-3 Reports control. 5A-1.5083-4. Instructions.

Subpart 5A-1.11-Qualified Products 5A-1.1101 Procurement of qualified prod

ucts. 5A-1.1101-70 Solicitations. 5A-1.1101-71 Waiver of qualification re

quirement.

Subpart 5A-1.54_Products or servicos

Presented for Procurement Consideration 5A-1.5400 Scope of subpart. 5A-1.5401 Policy. 5A-1.5402 Definitions. 5A-1.5403 Initial referral of inquiries. 5A-1.5404 Processing of inquiries. 5A-1.5405 Processing of completed applica

tion forms.

Sec.

Subpart 5A-1.70—Consumer Product plement Part 1-1 of the Federal Pro-
Information

curement Regulations (41 CFR 1-1).

(39 FR 800, Jan. 3, 1974) 5A-1.7001 Scope of subpart. 5A-1.7002 Applicability.

Subpart 5A-1.1 Introduction 5A-1.7003 Policy. 5A-1.7004 Method of soliciting informa

SOURCE: 39 FR 801, Jan. 3, 1974, unless tion.

otherwise noted. Subpart 5A-1.71--Criteria for Determining

8 5A-1.101 Scope of subpart. Method of Supply

This subpart establishes Chapter 5A 5A-1.7101 General.

of the General Services Administra5A-1.7102 Definition of use point.

tion Procurement Regulations (41 5A-1.7103 Basic criteria.

CFR 5A) states its relationship to the 5A-1.7104 Purchase for storage and issue. 5A-1.7105 Consolidated purchase for direct

Federal Procurement Regulations delivery.

(FPR), and sets forth other introduc5A-1.7106 Purchase through indefinite de tory information.

livery type contracts. 5A-1.7107 Local purchase.

8 5A-1.102 General Services Administra.

tion Procurement Regulations (GSPR). Subpart 5A-1.72—Public Relations

(a) The General Services Adminis5A-1.7201 Visitors to procurement activi- tration Procurement Regulations ties.

(GSPR) are the GSA procurement

policies and procedures which, togethSubpart 5A-1.73—Preparation and Distribution er with the Federal Procurement Reg. of Contract Documents

ulations, govern GSA procurement 5A-1.7301 Purchase order forms.

practices. 5A-1.7301-1 General

(b) GSA procurement policies and 5A-1.7301-2 Related orders.

procedures applicable to the procure5A-1.7301-3 Purchase order numbering. ment of personal property and nonper. 5A-1.7302 Standard Form 33, Solicitation, sonal services, other than construcOffer, and Award.

tion, implementing and supplementing 5A-1.7303 Contracts.

the FPR, are prescribed by the Com5A-1.7304 Bills of lading.

missioner, FSS, in coordination with Subpart 5A-1.74-Control of Procurement

the Commissioner, ADTS, in GSPR Transactions

Chapter 5A, GSA procurement poli

cies and procedures applicable to the 5A-1.7401 Processing and control of requi. procurement of construction and relatsitions.

ed services, implementing and supple

menting the FPR, are prescribed by Subpart 5A-1.75—[Reserved)

the Commissioner, Public Buildings, in Subpart 5A-1.76—(Reserved)

GSPR Chapter 5B. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 $ 5A-1.103 Relationship of GSPR Chapter U.S.C. 485(c); and 41 CFR 5-1.101(c).

5A to the FPR. SOURCE: 32 FR 9402, June 30, 1967, unless (a) GSPR Chapter 5A implements otherwise noted.

and supplements the FPR and is part

of the Federal Procurement Regula$ 5A-1.000 Scope of part.

tions System. Material published in This part describes the method by the FPR (which has Government-wide which the General Services Adminis. applicability) becomes effective tration, Federal Supply Service (FSS), throughout GSA upon the effective in coordination with the Automated date of the particular FPR material. Data and Telecommunications Service Such material will generally not be re(ADTS), implements and supplements peated, paraphrased, or otherwise rethe Federal Procurement Regulations stated in GSPR 5A. (41 CFR 1) and contains policies and (b) Implementing material is that procedures which implement and sup- which expands upon related FPR ma

terial. Supplementing material is that (39 FR 801, Jan. 3, 1974, as amended at 40 for which there is no counterpart in FR 25450, June 16, 1975) the FPR. (c) Material in Chapter 5A may devi.

i $ 5A-1.106 Method of issuance. ate from an FPR provision when a de- (a) All Chapter 5A material deemed viation (see 8 5A-1.109) is explicitly au- necessary for business concerns and thorized. Where Chapter 5A contains others interested, to understand GSA no material implementing the FPR, procurement policies and procedures, the FPR alone will govern.

will be published in the FEDERAL REG

ISTER. Other related material also may $ 5A-1.104 Applicability.

be published in the FEDERAL REGISTER Chapter 5A applies to all purchases

when its inclusion will provide a logiand contracts made by the General

cal, comprehensive statement of GSA Services Administration for the pro

procurement policies and procedures. curement of personal property and

(b) GSPR Chapter 5A material pubnon-personal services (excluding con

lished in the FEDERAL REGISTER will be struction, building service contracts,

published in cumulative form in Chap

ter 5A of Title 41 of the Code of Fedand space acquisition).

eral Regulations (41 CFR 5A). The 8 5A-1.105 Exclusions.

FEDERAL REGISTER and Title 41 of the

Code of Federal Regulations may be (a) Certain procurement policies and

purchased from the Superintendent of procedures which come within the

Documents, U.S. Government Printing scope of this chapter nevertheless may

Office, Washington, D.C. be excluded therefrom when there is

(c) GSPRChapter 5A is issued in justification. These exclusions include

looseleaf form on blue paper stock. the following categories:

(1) Subject matter which bears a se- $ 5A-1.107 Arrangement. curity classification;

(2) Policies or procedures which are $5A-1.107-1 General plan. expected to be effective for a period of Chapter 5A is divided into parts, less than 6 months;

subparts, sections, subsections, and (3) Policies and procedures which further subdivisions as necessary. are effective on an experimental basis for a reasonable period;

$ 5A-1.107-2 Numbering. (4) Policies or procedures pertaining

(a) The numbering system used in to other functions of GSA as well as to

Chapter 5A conforms to the FPR procurement functions and where

System (see § 1-1.007-2). Thus, a parthere is need to make the issuance

ticular procurement policy or proceavailable simultaneously to all employ

dure is identified by the same number ees concerned; and

in both the FPR and Chapter 5A, (5) Where speed of issuance is essen- except that the first digit of the tial, numerous changes are required, number is either 1 (FPR) or 5A and all necessary changes cannot be (GSPR). made promptly.

(b) Where Chapter 5A implements a (b) Procurement policies and proce- part, subpart, section, or subsection of dures issued in other than the FPR the FPR, the implementing part, subSystem format under paragraphs (a) part, section, or subsection of Chapter (4) and (5) of this section, shall be 5A will be numbered (and captioned) codified into Chapter 5A at the earli. to correspond to the FPR part, subest practicable date, but in any event part, section, or subsection. not later than 6 months from date of (c) Where Chapter 5A supplements issuance.

the FPR and thus deals with subject (c) One copy of each locally issued matter not contained in the FPR, procurement procedure shall be fur. numbers in the group 50 through 89 nished to the General Services Admin will be assigned to the respective supistration, Federal Supply Service, plementing parts, subparts, or sec(FPP), Washington, DC 20406.

tions.

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