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CHAPTER 5B— PUBLIC BUILDINGS SERVICE,

GENERAL SERVICES ADMINISTRATION

Part
5B-1
5B-2
5B-3
5B-4
5B-7
5B-8
5B-10
5B-12
5B-15
5B-16
5B-60
5B-63

General......
Procurement by formal advertising
Procurement by negotiation...........
Special types and methods of procurement
Contract clauses........
Termination of contracts
Bonds and insurance ...........
Labor..........
Contract cost principles and procedures
Procurement forms
Disputes and appeals
Audits ........

Page 702 712 727 730 730 731 732 734 750 752 756 757

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5B-1.508 Enforcement. 5B-1.508-1 Failure or refusal to furnish

representation and agreement. 5B-1.508-2 Failure or refusal to furnish

Standard Form 119.

Subpart 5B-1.6-Debarred, Suspended, and

Ineligible Bidders

5B-1.600 Scope of subpart. 5B-1.602 Establishment and maintenance

of a list of concerns or individuals de

barred, suspended, or declared ineligible. 5B-1.603 Treatment to be accorded firms

or individuals in debarred, suspended, or

ineligible status. 5B-1.604 Causes and conditions applicable

to determination of debarment by an ex

ecutive agency. 5B-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 5B-1.605 Suspension of bidders. 5B-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 5B-1.605-4 Notice of suspension. 5B-1.606 Agency procedure. 5B-1.606-51 Debarment by other agencies. 5B-1.606-52 Investigations. 5B-1.606-53 Hearings. 5B-1.606-54 Notice as to imposition of de

barment. 5B-1.606-55 Inquiries from debarred, sus

pended, or ineligible bidders.

8 5B-1.000 Scope of part.

This part contains policies and procedures and describes the method by which the Public Buildings Service implements and supplements the Federal Procurement Regulations (FPR) (Chapter 1 of Title 41, Code of Federal Regulations). This part supplements and implements Part 1-1 of the FPR and Subpart 1-18.1, both of which must be referred to.

Subpart 5B-1.0— Introduction § 5B-1.001 Scope of subpart.

This subpart establishes Chapter 5B of the General Services Administration Procurement Regulations (41 CFR 5B), states its relationship to the Federal Procurement Regulations (FPR) and sets forth other introduc. tory information. GSPR 5B imple. ments and supplements the FPR (including part 1-18). Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

$ 5B-1.002 Purpose.

The purpose of establishing Chapter 5B is to provide Public Buildings Service (PBS) activities with additional uniform operating policies and procedures applicable to the procurement of construction and other nonpersonal services.

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

(4) Where speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly.

$ 5B-1.003 Authority.

This Chapter 5B of the General Services Administration Procurement Regulations (GSPR) is prescribed by the Commissioner, Public Buildings Service.

§ 5B-1.006 Issuance.

(a) All material included in GSPR 5B will be published in the FEDERAL REGISTER.

(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 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, D.C. 20402.

(c) Chapter 5B is issued in looseleaf form on green paper stock for use by employees of PBS.

$ 5B-1.007 Arrangement.

$ 5B-1.004 Applicability.

(a) Chapter 5B applies to all purchases and contracts made by PBS for the procurement of construction, building services, and other nonper. sonal services.

(b) Material in Chapter 5B implements and supplements but does not deviate from the FPR unless a devi. ation has been authorized and explicitly referenced.

(c) Note that the procurement of personal property is covered in GSPR 5A, which must be consulted for such procurements.

(d) Material published in the FPR (including Part 1-18) becomes effective throughout PBS upon the date specified in the issuing order. Such material will not be repeated, paraphrased, or restated in Chapter 5B. The FPR, GSPR Chapter 5B, and applicable PBS handbooks must be reviewed to obtain comprehensive coverage of PBS-wide procurement policies and procedures.

$ 5B-1.007-1 General plan.

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

(b) Together, the FPR (including Part 1-18) and GSPR 5B constitute the system of policies and procedures used by PBS in the procurement of design and construction and related services. The system has been organized to facilitate the locating of information on given subjects covered in more than one of the regulations. The regulation system is designed to be used as follows and it must be used in this manner to gain the complete reg. ulatory picture.

(1) Locate the subject matter desired in the GSPR 5B. This material will be assigned part, subpart, and section numbers corresponding to those in the FPR (including Part 1-18), inless there is no corresponding material in those regulations.

(2) Consult next the regulations under the corresponding section numbers and in the following order:

(i) FPR, Part 1-18.
(ii) FPR, generally.

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(3) Follow citations through at each of Chapter 5B following the words of the levels above.

"General Services Administration Pro(4) If the subject matter is not dis- curement Regulations” and shall incussed in the GSPR 5B, locate it in clude an appropriate reference to “41 Part 1-18 of the FPR. Finally, if FPR CFR Part 1-18 is silent on the subject, refer (b) Any section of Chapter 5B, for directly to provisions in the FPR of purpose of brevity, may be informally general applicability.

identified as “GSPR" followed by the (5) Note that citations will not be section number. For example, this made to the sections that correspond paragraph could be identified in a in number at each level of the system. memorandum as “GSPR 5B-1.007Proper use of the system depends on 3(b)." automatic reference being made to

(c) Within Chapter 5B, cross-refer. those sections. Reference will be made

ences to the FPR (including Part 1-18) only to non-corresponding sections.

will be made in the same manner as

used within the FPR. 8 5B-1.007-2 Numbering.

Illustrations of cross-references to (a) Generally, the numbering system Part 1-18 of the FPR are: used in Chapter 5B conforms to that (1) Part 1-18. of the FPR, including Part 1-18 there

(2) Subpart 1-18.3. of. Thus, a particular procurement

(3) Section 1-18.307. policy or procedure is identified by the same number in the FPR, in FPR Part

(d) Within Chapter 5B, cross-refer.

ence to parts, subparts, and sections 1-18, and Chapter 5B, except that the

will be made in a manner generally first character of the number is either 1, 1-18, or 5B, respectively.

similar to that used in making cross

references to the FPR. For example, (b) Where Chapter 5B implements a

this paragraph would be referenced as part, subpart, section or subsection of

$ 5B-1.007-3(d). the FPR (including Part 1-18), the implementing part, subpart, section or

8 5B-1.009 Deviation. subsection of Chapter 5B will be numbered (and captioned) to correspond to (a) The term "deviation" as used in the FPR.

this Chapter 5B is defined in the same (c) Where Chapter 5B supplements

manner as in § 1-1.009.1. In order to the FPR (including Part 1-18) and

maintain uniformity to the greatest thus deals with subject matter not

extent feasible, deviations from the contained in the FPR, the numbers 50 FPR and GSPR 5B shall be kept to a through 89 will be assigned to the re

minimum. spective supplementing parts, sub- (b) Deviations by PBS from GSPR parts, sections, or subsections.

5B shall be controlled as follows: (d) Where the subject matter con- (1) Approval of any deviation affecttained in a part, subpart, section, or ing the programs and operations of subsection of the FPR (including Part two or more PBS offices will be made 1-18) requires implementation, only by the Commissioner, PBS. In Chapter 5B will contain no corre- each instance the file shall disclose sponding part, subpart, section, or sub- the nature of the deviation and the section number. Thus, there may be reasons for such special action. gaps in the Chapter 5B series of part, (2) Approval of any deviation will be subpart, section or subsection num- made only by the appropriate Assistbers. Note that reference must be ant Commissioner, if the deviation made to FPR (including Part 1-18) does not affect the programs and oper. even if material is discussed in GSPR ations of any other office of PBS. 5B.

(3) Requests for authority to deviate

from Chapter 5B shall be submitted to 8 5B-1.007-3 Citation.

the appropriate office of PBS, sup(a) Citation in formal documents, ported by statements adequate to dissuch as legal briefs, shall give the close fully the nature of the deviation number of the part, subpart, or section and the reasons for special action.

no

cation or standard not normally available from Business Service Centers, the contracting officer shall arrange with appropriate Business Service Centers, or otherwise, to make copies available to bidders. The invitation or requests shall state where copies of required specifications and standards can be obtained.

8 5B-1.318 Disputes clause.

$ 5B-1.318-1 Contracting officer's decision

under the Disputes clause. (a) The following paragraphs shall be set forth in all contracting officer's final decisions subject to the Disputes clause:

(4) The procedures of this $ 5B1.009(b) (1) and (2) shall apply to both individual cases and classes of cases.

(5) Deviations in classes of cases, authorized under paragraphs (b) (1) and (2) of this section, will expire, unless extended, 12 months from the date of

approval, unless sooner rescinded, I without prejudice to any action taken thereunder.

(c) Except as otherwise authorized, when a deviation from a Chapter 5B i contract form provision is authorized, I physical change may not be made in 1 the printed form, but shall be made by

appropriate provision in the schedule, 1 specifications, or continuation sheet as appropriate.

(d) Deviations from the FPR shall be controlled as follows:

(1) Approval of any deviation by PBS activities from the FPR in individual cases will be made only by the Commissioner, PBS. In each instance

the file shall disclose the nature of the 1

deviation and the reasons for such special action, and a copy shall be furnished to the Federal Procurement Regulations Staff (AM).

(2) Approval of any deviation by PBS activities from the FPR in classes

of cases will be made only by the Adi ministrator of General Services. Such

deviations may be extended, but otherwise will expire 12 months from the date of approval, unless sooner scinded, without prejudice to any

action taken thereunder. 3

Subpart 5B-1.3—General Policies

re

(1) This decision is made in accordance with the Disputes clause and shall be final and conclusive as provided therein, unless a written Notice of Appeal addressed to the Administrator of General Services is mailed or otherwise furnished to the contracting officer. The Notice of Appeal, which is to be signed by you as the contractor or by an attorney acting on your behalf, and which may be in letter form, should indicate that an appeal is intended, should refer to this decision and should identify the contract by number. The Notice of Appeal should include a statement of reasons why the decision is considered to be erroneous.

(2) In the event you desire to file an appeal from this decision, there is enclosed for your convenience, GSA Form 2465, Notice of Appeal, in triplicate, for completion and signature. All the items of information requested must be supplied. If sufficient space is not available on this form for each item, please attach a supplemental sheet or sheets. Also attached is an additional copy of the form which should be completed and retained for your files. The Notice of Appeal is to be signed personally by the appellant (the contractor making the appeal), by an officer of the appellant corporation or member of the appellant firm, or by the contractor's duly authorized representative or attorney, and submitted in triplicate to the contracting officer.

(3) The Notice of Appeal must be mailed or otherwise furnished to the contracting officer within 30 days from receipt of this decision or your appeal shall be considered untimely.

(b) A contractor may initiate an appeal from a final decision of the contracting officer by submitting a completed GSA Form 2465, Notice of Appeal, as illustrated by $ 5B-16.950

$ 5B-1.305 Specifications.

85B-1.305-50 Use and availability of

specifications and standards. (a) Standard references, e.g., Federal Specifications, documents, publications, shall be included by reference in invitations for bids and requests for proposals, and shall be deemed to be incorporated as fully as if printed and bound with the contract documents.

(b) Business Service Centers stock most Federal and Interim Federal Specifications and Standards for issue in limited quantities without charge. When an invitation for bids or requests for proposals refer to a specifi

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