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CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION

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 ........

Page 422 472 505 516 521 525 550 556 558 560 562 577 581 583 591 593 601 622 631 633 658 687 697

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30-104 04-79--28

PART 5A-1-GENERAL

Sec. 5A-1.000 Scope of part.

Subpart SA-1.1- Introduction

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

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

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.

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-1.18-Postaward Orientation of

Contractors

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.

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 3A-1.50—Report

Subpart 5A-1.94 Reporting Possible Antitrust

Violations

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

Subpart 5A-1.10—Publicizing Procurement

Actions

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.

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-1.11-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.

Subpart 5A-1.70—Consumer Product

Information

plement Part 1-1 of the Federal Procurement Regulations (41 CFR 1-1). (39 FR 800, Jan. 3, 1974)

Sec. 5A-1.7001 Scope of subpart. 5A-1.7002 Applicability. 5A-1.7003 Policy. 5A-1.7004 Method of soliciting informa

tion.

Subpart 5A-1.1 Introduction

SOURCE: 39 FR 801, Jan. 3, 1974, unless otherwise noted.

Subpart 5A-1.71-Criteria for Determining

Method of Supply 5A-1.7101 General. 5A-1.7102 Definition of use point. 5A-1.7103 Basic criteria. 5A-1.7104 Purchase for storage and issue. 5A-1.7105 Consolidated purchase for direct

delivery. 5A-1.7106 Purchase through indefinite de

livery type contracts. 5A-1.7107 Local purchase.

Subpart 5A-1.72—Public Relations 5A-1.7201 Visitors to procurement activi

ties.

Subpart 5A-1.73—Preparation and Distribution

of Contract Documents

5A-1.7301 Purchase order forms. 5A-1.7301-1 General 5A-1.7301-2 Related orders. 5A-1.7301-3 Purchase order numbering. 5A-1.7302 Standard Form 33, Solicitation,

Offer, and Award. 5A-1.7303 Contracts. 5A-1.7304 Bills of lading.

$ 5A-1.101 Scope of subpart.

This subpart establishes Chapter 5A of the General Services Administration Procurement Regulations (41 CFR 5A) states its relationship to the Federal Procurement Regulations (FPR), and sets forth other introductory information. $ 5A-1.102 General Services Administra

tion Procurement Regulations (GSPR). (a) The General Services Administration Procurement Regulations (GSPR) are the GSA procurement policies and procedures which, together with the Federal Procurement Reg. ulations, govern GSA procurement practices.

(b) GSA procurement policies and procedures applicable to the procurement of personal property and nonpersonal services, other than construction, implementing and supplementing the FPR, are prescribed by the Commissioner, FSS, in coordination with the Commissioner, ADTS, in GSPR Chapter 5A, GSA procurement policies and procedures applicable to the procurement of construction and related services, implementing and supplementing the FPR, are prescribed by the Commissioner, Public Buildings, in GSPR Chapter 5B. $ 5A-1.103 Relationship of GSPR Chapter

5A to the FPR. (a) GSPR Chapter 5A implements and supplements the FPR and is part of the Federal Procurement Regulations System. Material published in the FPR (which has Government-wide applicability) becomes effective throughout GSA upon the effective date of the particular FPR material. Such material will generally not be repeated, paraphrased, or otherwise restated in GSPR 5A.

(b) Implementing material is that which expands upon related FPR ma

Subpart 5A-1.74-Control of Procurement

Transactions

5A-1.7401 Processing and control of requi

sitions.

Subpart 5A-1.75—[Reserved)

Subpart 5A-1.76—(Reserved)

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 485(c); and 41 CFR 5-1.101(c).

SOURCE: 32 FR 9402, June 30, 1967, unless otherwise noted.

$ 5A-1.000 Scope of part.

This part describes the method by which the General Services Administration, Federal Supply Service (FSS), in coordination with the Automated Data and Telecommunications Service (ADTS), implements and supplements the Federal Procurement Regulations (41 CFR 1) and contains policies and procedures which implement and sup

(39 FR 801, Jan. 3, 1974, as amended at 40 FR 25450, June 16, 1975)

terial. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 5A may devi. ate from an FPR provision when a deviation (see $ 5A-1.109) is explicitly authorized. Where Chapter 5A contains no material implementing the FPR, the FPR alone will govern.

8 5A-1.106 Method of issuance.

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

(b) GSPR Chapter 5A material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5A of Title 41 of the Code of Federal Regulations (41 CFR 5A). The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.

(c) GSPR Chapter 5A is issued in looseleaf form on blue paper stock.

8 5A-1.107 Arrangement.

8 5A-1.107-1 General plan.

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

$ 5A-1.104 Applicability.

Chapter 5A applies to all purchases and contracts made by the General Services Administration for the procurement of personal property and non-personal services (excluding construction, building service contracts, and space acquisition). $5A-1.105 Exclusions.

(a) Certain 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 6 months;

(3) Policies and procedures which are effective on an experimental basis for a reasonable period;

(4) Policies or procedures pertaining to other functions of GSA as well as to procurement functions and where there is need to make the issuance available simultaneously to all employees concerned; and

(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 (5) of this section, shall be codified into Chapter 5A at the earliest practicable date, but in any event not later than 6 months from date of issuance.

(c) One copy of each locally issued procurement procedure shall be furnished to the General Services Administration, Federal Supply Service, (FPP), Washington, DC 20406.

$ 5A-1.107-2 Numbering.

(a) The numbering system used in Chapter 5A conforms to the FPR System (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and Chapter 5A, except that the first digit of the number is either 1 (FPR) or 5A (GSPR).

(b) Where Chapter 5A implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of Chapter 5A will be numbered (and captioned) to correspond to the FPR part, sub

rt, section, or subsection.

(c) Where Chapter 5A supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 89 will be assigned to the respective supplementing parts, subparts, or tions.

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