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 Manage

ment (k) by the Administrator of General Services.

[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, paraphrased, or 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.

(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.

§ 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.

§ 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

(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]

(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.

[44 FR 29668, May 22, 1979, as amended at 48 FR 12354, Mar. 24, 1983]

Subpart 5-1.2 Definition of Terms

§ 5-1.206 Head of the procuring activity.

"Head of the procuring activity" means: (a) The Assistant Administrators for Acquisition Policy, Federal Supply and Services, and Information Resources Management; (b) Commissioners of Services, (c) the Archivist of the United States; (d) Director of Oversight; or (e) Regional Administrators.

[48 FR 12354, Mar. 24, 1983]

§ 5-1.250 Procuring director.

"Procuring director" as used in this GSPR 5 means: (a) Central Office procurement division directors, National Commodity Center procurement division directors; (b) regional directors of procurement divisions; or (c) directors of equivalent organizational elements who have a procurement responsibility.

[48 FR 12354, Mar. 24, 1983]

Subpart 5-1.3-General Policies

SOURCE: 48 FR 12354, Mar. 24, 1983, unless otherwise noted.

§ 5-1.305 Specifications.

§ 5-1.305-2 Exceptions to mandatory use of Federal Specifications.

In § 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 instead of the Federal Specification upon determination that the Interim Federal Specification is more suitable for the specific application. In the absence of a Federal Specification, an Interim Federal Specification, if any, shall be used.

§ 5-1.305-3 Deviations from Federal

Specifications.

Any deviation from the requirements in a Federal Specification or Interim Federal Specification contemplated under § 1-1.305-3 shall be submitted to the appropriate specification

§ 5-1.305-50 Use and availability of specifications and standards.

(a) Formal specifications and standards shall be incorporated by reference in solicitations for offers. The reference shall fully identify the specification or standard by the series printed thereon, i.e., Federal, military, or departmental (e.g., Forest Service), followed by the number and date. (The specification number includes the revision indicator.) Amendments shall be separately identified, e.g., Federal Specification PPP-B-636G, dated February 17, 1972, and Interim Amendment 1, dated August 30, 1972. (b) Canceled or superseded specifications or standards shall not be used.

(c) When formal specifications or standards are referenced in the solicitation for offers, the following clause shall be included in the solicitation:

COPIES OF GOVERNMENT SPECIFICATIONS AND

City, MO; Ft. Worth; Houston; Denver; San Francisco; Los Angeles; and Seattle; or from Specification Sales Office, GSA, ROB, Room 6039, 7th & D Streets, SW., Washington, DC 20407. Additional copies may be purchased from the Specification Sales Office, Washington, DC. Military Specifications, Standards, and Qualified Products Lists may be obtained from Commanding Officer, Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120. If other specifications or standards are applicable, the Solicitation for Offers will state where copies of such specifications may be obtained.

(End of Clause)

(d)(1) In formally advertised procurements, when the contracting officer discovers before the time set for the opening of offers that a specification has been improperly cited (e.g., revision indicator not compatible with date) resulting in an ambiguity concerning the intended specification, the solicitation shall be amended in accordance with § 1-2.207. If the current version of a specification has not been cited (e.g., basic specification cited correctly, but latest interim amendment not shown), the solicitation shall be amended if such action will serve the Government's best interest inclusive of extending the time of the offer period.

(2) If such a discovery is made after offer opening, but before award, the offers should not be rejected and the solicitation canceled unless it is determined that cancellation is in the best interest of the Government. For example, cancellation may be considered when the supplies to be furnished under the cited specification would differ significantly from the Government's current actual requirements or where offerors may have been misled as to the actual specification intended.

(3) When the discovery is not made until after award, the contractor shall be required to comply with the cited specification unless the supplies furnished thereunder would be unsatisfactory to the Government. In such case, the contract may be modified by mutual agreement or by change order, Provided, however, That such modification would not change the design, construction, and cost of the item to the extent that it would be unfair to deprive other suppliers of the opportu

nity to submit offers under the revised specification. If the contracting officer determines that it would be in the best interest of the Government to do so, the contract shall be canceled, with the agreement of the contractor, and new offers solicited.

(e) In negotiated procurements, discoveries made either before the closing date for the receipt of proposals or after award, shall be handled in accordance with the procedure provided in § 5-1.305-50(d) for discoveries made either before the time set for the opening of offers or after award, respectively. When discovery is made after the closing date for receipt of proposals but before award, and it is determined that award on the basis of the cited specification would not be in the best interest of the Government, negotiations on the basis of the specification which would have been cited in the request shall be conducted with offerors as provided in § 1-3.805-1(d), or the request shall be canceled.

§ 5-1.305-51 Processing waivers and deviations.

(a) Section 101-26.100-2 of the Federal Property Management Regulations (FPMR) sets forth instructions to agencies regarding the submission of requests to waive the requirement for use of items available from GSA stock or Federal Supply Schedules and provides that such requests shall be submitted to the Director of Procurement, Office of Federal Supply and Services (FC), for approval or disapproval.

(b) In processing agency requests for waivers, the Office of Contract Management will coordinate with the Office of Procurement (FCP) or the regional procurement division having procurement responsibility for the category of items involved, and any other interested organizational element.

(c) A copy of the F letter in response to the agency request will be forwarded to the Commodity Management Division (FCM). That activity will review waiver actions on a continuing basis and identify any items having substantial value and recurrent demand that should be included in the supply system.

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