5B-1.1203 5B-1.1204 5B-1.1250 5B-1.1251 Contractors Minimum standards for re- Determination of responsibil- AUTHORITY: Sec. 205(c), 63 Stat, 390, 40 U.S.C. 486 (c). Source: 40 FR 47110, Oct. 8, 1975, unless otherwise noted. § 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 introductory information. GSPR 5B implements and supplements the FPR (includin part 1-18). Implementing material is that which expands upon related FPR material. Supplement ing 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. § 5B-1.003 Authority. This Chapter 5B of the General Services Administration Procurement Regulations (GSPR) is prescribed by the Commissioner, Public Buildings Service. § 5B-1.004 Applicability. (a) Chapter 5B applies to all purchases and contracts made by PBS for the procurement of construction, building services, and other nonpersonal services. (b) Material in Chapter 5B implements and supplements but does not deviate from the FPR unless a deviation 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-1.005 Exclusions. (a) Certain PBS 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 six months. (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. (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-1.1007 Arrangement. § 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 regulatory 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), unless 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. (3) Follow citations through at each of the levels above. (4) If the subject matter is not discussed in the GSPR 5B, locate it in Part 1-18 of the FPR. Finally, if FPR Part 1-18 is silent on the subject, refer directly to provisions in the FPR of general applicability. (5) Note that citations will not be made to the sections that correspond in number at each level of the system. Proper use of the system depends on automatic reference being made to those sections. Reference will be made only to non-corresponding sections. § 5B-1.007-2 Numbering. (a) Generally, the numbering system used in Chapter 5B conforms to that of the FPR, including Part 1-18 thereof. Thus, a particular procurement policy or procedure is identified by the same number in the FPR, in FPR Part 1-18, and Chapter 5B, except that the first character of the number is either 1, 1-18, or 5B, respectively. (b) Where Chapter 5B implements a part, subpart, section or subsection of the FPR (including Part 1-18), the implementing part, subpart, section or subsection of Chapter 5B will be numbered (and captioned) to correspond to the FPR. (c) Where Chapter 5B supplements the FPR (including Part 1-18) and thus deals with subject matter not contained in the FPR, the numbers 50 through 89 will be assigned to the respective supplementing parts, subparts, sections, or subsections. (d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR (including Part 1-18) requires no implementation, Chapter 5B will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5B series of part, subpart, section or subsection numbers. Note that reference must be made to FPR (including Part 1-18) even if material is discussed in GSPR 5B. § 5B-1.007-3 Citation. (a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5B following the words "General Services Administration Procurement Regulations" and shall include an appropriate reference to "41 CFR (2) Subpart 1-18.3. (3) Section 1-18.307. (d) Within Chapter 5B, cross-reference to parts, subparts, and sections will be made in a manner generally similar to that used in making cross-references to the FPR. For example, this paragraph would be referenced as § 5B-1.007-3(d). § 5B-1.009 Deviation. (a) The term "deviation" as used in this Chapter 5B is defined in the same manner as in § 1-1.009.1. In order to maintain uniformity to the greatest extent feasible, deviations from the FPR and GSPR 5B shall be kept to a minimum. (b) Deviations by PBS from GSPR 5B shall be controlled as follows: (1) Approval of any deviation affecting the programs and operations of two or more PBS offices will be made only by the Commissioner, PBS. In each instance the file shall disclose the nature of the deviation and the reasons for such special action. (2) Approval of any deviation will be made only by the appropriate Assistant Commissioner, if the deviation does not affect the programs and operations of any other office of PBS. (3) Requests for authority to deviate from Chapter 5B shall be submitted to the appropriate office of PBS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action. (4) The procedures of this § 5B-1.009 (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, without prejudice to any action taken thereunder. (c) Except as otherwise authorized, when a deviation from a Chapter 5B contract form provision is authorized, physical change may not be made in the printed form, but shall be made by appropriate provision in the schedule, 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 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 Administrator of General Services. Such deviations may be extended, but otherwise will expire 12 months from the date of approval, unless sooner rescinded, without prejudice to any action taken thereunder. Subpart 5B-1.3-General Policies § 5B-1.305 Specifications. § 5B-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 specification 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. § 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: (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 Ap peal, 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-16.950-2465, within the time specified in the Disputes clause. (c) If the contractor fails to file a Notice of Appeal within the 30-day period stipulated in § 5B-1.318-1(a), the contracting officer's final decision will become dispositive of the dispute. Subpart 5B-1.5-Contingent Fees When the contingent fee representation required by § 1-1.505 is in the affirmative, the prospective contractor shall be required to submit a completed Standard Form 119, in triplicate, except under the circumstances listed in § 1-1.507-3. (References in this § 5B-1.508 to the Office of Investigations shall mean the regional representative or the Office of Investigations in the Central Office, as appropriate.) § 5B-1.508-1 Failure or refusal to fur nish representation and agreement. The name of each prospective contractor who fails or refuses to furnish the representation and agreement, after opportunity therefor has been afforded, shall be submitted, with a statement of the pertinent circumstances, to the Office of Investigations for such further action as may be appropriate. § 5B-1.508-2 Failure or refusal to furnish Standard Form 119. The name of each prospective contractor who fails or refuses to furnish a completed Standard Form 119 (or a statement in lieu thereof as provided in § 11.507-2) shall be submitted, together with pertinent information, to the Office of Investigations for appropriate action. If the contract has been awarded or offer accepted, consideration shall be given to the feasibility of terminating the contract, the future eligibility as a bidder or contractor of the firm in question, or other appropriate action. Subpart 5B-1.6-Debarred, Suspended, and Ineligible Bidders § 5B-1.600 Scope of subpart. This subpart, which implements and supplements FPR Subpart 1-1.6, prescribes policies and procedures relating to the debarment, suspension, or ineligibility of bidders. § 5B-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible. (a) The Office of Investigations establishes and maintains a list of debarred, suspended, or ineligible concerns and individuals pursuant to § 1-1.602. This list is designated as the GSA Debarred Bidders List, and its use is mandatory on all GSA procuring activities. (b) The Office of Investigations arranges for the reproduction and distribution of the GSA Debarred Bidders List. (1) Entry on the GSA Debarred Bidders List is required to be made: (i) In the case of a GSA administrative debarment or suspension, upon notification of the imposition of debarment or suspension by the Administrator, by a Commissioner, or by a hearing authority; (ii) In the case of statutory debarments including debarments imposed under the Buy American Act (41 U.S.C. 10(b)), upon appropriate notification from the Comptroller General, the Secretary of Labor, or the head of the debarring agency; (iii) In the case of debarment for noncompliance with the Equal Opportunity clause, upon notification by the Secretary of Labor, or his designee; (iv) In the case of ineligibility declared by the Secretary of Labor under section 1(a) of the Walsh-Healey Public Contracts Act (41 U.S.C. 35(a)), upon notification by the Secretary; and (v) In the case of debarment under the provisions of section 3 of the DavisBacon Act (40 U.S.C. 276a-2(a)) or for violation of other statutes by willful or aggravated violation prevailing wage or overtime provisions, upon notification from the Comptroller General. |