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CHAPTER 5–GENERAL SERVICES

ADMINISTRATION

Part 5-1 5-2 5-3 5-4 5-5 5-6 5-7 5-8 5-9 5-10 5-11 5-12 5-14 5-16 5-18 5-19 5-26 5-30 5-53 5-60 5-63

General...........
Procurement by formal advertising
Procurement by negotiation......
Special types and methods of procurement
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 ...........
Procurement of Construction
Transportation..........
Contract Modifications.
Contract Financing .....
Contract Administration
Contract appeals.
Audits

Page 434 471 506 522 523 527 534 560 565 566 571 572 575 579 583 588 594 597 604 609 621

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Subpart 5-1.4-Procurement Responsibility and

Authority 5-1.400 Scope of subpart. 5-1.401 Responsibility of the head of the

procuring activity. 5-1.402 Authority of contracting officers. 5-1.402-70 General responsibility of con

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

availability of funds. 5-1.402-72 Applicable penal statute. 5-1.450 Legal review and assistance. 5-1.450-1 Applicability. 5-1.450-2 Definitions. 5-1.450-3 Responsibility. 5-1.450-4 Legal review. 5-1.450-5 Legal assistance. 5-1.450-6 Waivers.

5-1.206 Head of the procuring activity. 5-1.250 Procuring director.

Subpart 5-1.5—Contingent Fees

5-1.507 Use of Standard Form 119. 5-1.508 Enforcement. 5-1.508-1 Failure or refusal to furnish rep

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

Standard Form 119. 5-1.508-3 Misrepresentations or violations

of the covenant against contingent fees.

Subpart 5-1.6—Debarred, Suspended, and

Ineligible Bidders

Subpart 5-1.3—General Policies 5-1.305 Specifications. 5-1.305-2 Exceptions to mandatory use of

Federal Specifications. 5-1.305-3 Deviations from Federal Specifi

cations. 5-1.305-4 Optional use of Interim Federal

Specifications. 5-1.305-50 Use and availability of specifica

tions and standards. 5-1.305-51 Processing waivers and devi

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

name or equal" purchase descriptions. 5-1.307-6 Solicitations, “brand name or

equal” descriptions. 5-1.307-7 Offer evaluation and award,

“brand name or equal" descriptions. 5-1.316 Time of delivery or performance. 5-1.316-2 General. 5-1.316-3 Factors to be considered. 5-1.316-4 Terms. 5-1.317 Noncollusive offers and proposals. 5-1.319 Procurement of items using jewel

bearings. 5-1.319-50 Deviation authority. 5-1.350 Advance notices of contract award. 5-1.352 Contract numbering. 5-1.352-1 Contracts required to be num

bered. 5-1.352-2 Numbering system. 5-1.352-3 Numbering of small contracts. 5-1.352-4 Contract Register. 5-1.370 Warranties. 5-1.370-1 General.

5-1.600 Scope of subpart. 5-1.602 GSA debarred, suspended, and in

eligible bidders list. 5-1.603 Establishment and maintenance of

a list of debarred, suspended, or ineligi

ble contractors and agency records. 5-1.603-1 Consolidated list of debarred,

suspended, and ineligible contractors. 5-1.603-2 Agency records. 5-1.604 Treatment to be accorded listed

contractors. 5-1.604-1 Procedural requirements relating

to the imposition of administrative de

barment. 5-1.604-2 Review procedures. 5-1.604-3 Continuation of current contracts. 5-1.605 Procedural requirements relating

to the imposition of suspension. 5-1.605-1 Suspension pending the imposi

tion of debarment.

Sec.
Subpart 5-1.12—Responsible Prospective

Contractors

Sec. 5-1.605-3 Procedures. 5-1.606 Suspension. 5-1.606-3 Procedures. 5-1.607 General Services Administration

responsibility.

Subpart 5-1.7—Small Business Concerns

5-1.1204 Determination of responsibility or

nonresponsibility 5-1.1205 Procedures for determining re

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

tained. 5-1.1205-4 Preaward surveys. 5-1.1206 Subcontractor responsibility. 5-1.1250 Performance records.

Subpart 5-1.16—Reports of Identical Offers

5-1.1603 Reporting requirements. 5-1.1603-3 Submission of reports.

Subpart 5-1.18—Postaward Orientation of

Contractors

5-1.700 General. 5-1.701-8 Set-aside for small business. 5-1.703-2 Protest regarding small business

status. 5-1.704 Agency program direction and op

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

business. 5-1.706-5 Total set-asides. 5-1.706-6 Partial set-asides. 5-1.706-50 Small business set-aside deter

minations. 5-1.706-51 Determinations not to set aside. 5-1.706-52 Change of status of unrestricted

or set-aside procurements. 5-1.710 Subcontracting with small business

concerns. 5-1.710-1 General. 5-1.710-50 Solicitation review. 5-1.710-51 Subcontracting plan review. 5-1.710-52 Copies of subcontracting plans. 5-1.710-53 Responsibility for notices. 5-1.713-60 Data concerning minority busi

ness enterprise matters.

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Subpart 5-1.9-Reporting Possible Antitrust

Violations

5-1.7301 Purchase order forms.

AUTHORITY: Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)).

SOURCE: 44 FR 29668, May 22, 1979, unless otherwise noted.

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

Subpart 5-1.10—Publicizing Procurement

Actions

8 5-1.000 Scope of part.

This part describes the method by which the General Services Administration implements and supplements the Federal Procurement Regulations (FPR). It contains procedures which implement and supplement Part 1-1 of the FPR.

5-1.1003 Synopses of proposed procure

ments. 5-1.1003-1 Department of Commerce Syn

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

licitations for offers. 5-1.1004 Synopses of contract awards. 5-1.1004-1 Preparation and transmittal.

Subpart 5-1.1-Introduction

Subpart 5-1.11-Qualified Products

§ 5-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the General Services Administration Procurement Regulations (GSPR 5).

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§ 5-1.102 Purpose.

This subpart establishes the General Services Administration Procurement Regulations (GSPR 5) which, together with the Federal Procurement Regulations, govern the procurement by GSA of personal property and nonpersonal services (including construction).

§ 5-1.103 Authority.

The General Services Administration Procurement Regulations (GSPR 5) are prescribed by the Assistant Administrator for Acquisition Policy in Chapter 5, Title 41, Code of Federal Regulations, under the authority of the Federal Property and Administrative Services Act of 1949, as amended, except that exclusive authority within GSA for implementation and administration of Pub. L 89-306 has been delegated to the Assistant Administrator of Information Resources Management (k) by the Administrator of General Services.

8 5-1.105 Exclusions.

(a) Certain GSA procurement policies and procedures which come within the scope of this GSPR 5 nevertheless may be excluded when justified. 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 6 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 for which there is need to make the directive available simultaneously to all GSA employees concerned.

(5) When speed of issuance is essential, numerous changes are required in GSPR 5, 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 will be codified in GSPR 5 at the earliest practicable date.

(48 FR 12354, Mar. 24, 1983)

§ 5-1.104 Applicability.

(a) GSPR 5 applies to all purchases and contracts made by the General Services Administration for the procurement of personal property and nonpersonal services (including construction). Unless otherwise specified, GSPR 5 applies to purchases and contracts within and outside the United States.

(b) GSPR 5 implements and supplements the FPR and is part of the Federal Procurement Regulations System. Amendments published in the FPR (which has Government-wide applicability) become effective throughout GSA upon the effective date of the particular FPR amendment. The FPR generally will not be repeated, paraplirased, otherwise restated in GSPR 5.

(c) Implementing regulations are those which expand upon related FPR policies and procedures. Supplementing regulations are those for which there are no counterparts in the FPR.

(d) Regulations in GSPR 5 may deviate from the FPR when a deviation (see § 5-1.109) is explicitly authorized. When GSPR 5 contains no regulation which implements the FPR, the FPR alone will govern.

8 5-1.106 Issuance.

(a) GSPR 5 regulations are published in the FEDERAL REGISTER. Related policies and procedures also may be published in the FEDERAL REGISTER.

(b) GSPR 5 regulations which are published in the FEDERAL REGISTER will appear in cumulative form in Chapter 5, Title 41, Code of Federal Regulations, and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(c) GSPR 5 is issued in loose-leaf form on buff paper stock.

or

§ 5-1.107 Arrangement.

§ 5-1.107-1 General plan.

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

§ 5-1.107-2 Numbering

(a) The numbering system used in GSPR 5 conforms to the FPR System § 5-1.108 [Reserved)

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(see § 1-1.007-2). A particular policy or procedure is identified by the same number in both the FPR and GSPR 5, except that the first digit of the number is either 1 (FPR) or 5 (GSPR).

(b) When GSPR 5 implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section, or subsection of GSPR 5 is numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) When GSPR 5 supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 89 are assigned to the supplementing part, subpart, section, or subsection.

(d) When the subject matter contained in an FPR part, subpart, section, or subsection requires no implementation, GSPR 5 will not contain a corresponding part, subpart, section, or subsection. This will result in some gaps in the GSPR 5 series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR for applicable policies and procedures. (44 FR 29668, May 22, 1979, as amended at 48 FR 12354, Mar. 24, 1983)

§ 5-1.109 Deviation.

(a) The term "deviation” as used in this GSPR 5 has the same meaning as in § 1-1.009-1.

(b) In order to maintain maximum uniformity, deviations from GSPR 5 or the FPR will be kept to a minimum and controlled as follows:

(1) Deviations by GSA activities from GSPR 5 or the FPR in individual cases may be approved at a level no lower than the Head of the procuring activity or Staff Office, except that deviation regarding the implementation and administration of Pub. L. 89306 may be approved only by the Assistant Administrator (k). The file shall disclose the nature of the deviation and the reasons for the action. A copy of the deviation approval and disclosure shall be furnished to the Office of Acquisition Policy (VR).

(2) Deviations by GSA activities from the FPR in classes of cases may be approved only by the Administrator of General Services, provided that requests for deviations regarding the implementation and administration of Public Law 80-306 shall be forwarded to and reviewed by the Assistant Administrator (K) (see also FPR § 11.009-3).

(3) Deviations by GSA activities from GSPR 5 in classes of cases may be approved only by the Assistant Administrator for Acquisition Policy (V), except that deviations regarding the implementation and administration of Pub. L 89-306 may be approved only by the Assistant Administrator (K). These deviations will expire in 12 months if not extended. They may be rescinded earlier without prejudice to any action previously taken.

(c) Class deviation requests shall be supported by statements which fully disclose the need for and the nature of the deviation.

(d) When a deviation from a GSPR 5 or an FPR contract form provision is authorized, physical changes may not be made in the printed form (except as otherwise authorized). Changes shall be made by appropriate provisions in the schedule, specifications, or on a continuation sheet, as appropriate.

8 5-1.107-3 Citation.

(a) In formal documents, such as legal briefs, citations of GSPR 5 material shall include an appropriate reference to Title 41 of the Code of Federal Regulations; e.g., "41 CFR --."

(b) Any section of GSPR 5, for purpose of brevity, may be informally identified as “GSPR 5” followed by the section number. For example, this paragraph would be identified as “GSPR 5-1.107-3(b)."

8 5-1.107-4 Cross-references.

(a) In GSPR 5, cross-references to the FPR are made in the same manner as in the FPR. Illustrations of crossreferences to the FPR are:

(1) Part 1-3.
(2) Subpart 1-3.1.
(3) § 1-3.413.

(b) In GSPR 5, cross-references to parts, subparts, and sections of GSPR 5 are made in the same manner as in the FPR. For example, this paragraph would be referenced as "§ 5-1.1074(b).

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