§ 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 employ. ees 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.

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

§ 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.

§ 5A-1.107 Arrangement.

§ 5A-1.107-1 General plan.

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

§ 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, subpart, 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 sections.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, Chapter 5A will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the Chapter 5A series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR for applicable policy and procedure.

§ 5A-1.107-3 Cross-references.

(a) Within Chapter 5A, cross-references to the FPR will be made in the same manner as used within the FPR. Illustrations of cross-references to the FPR are:

(1) Part 1-3.

(2) Subpart 1-3.1.
(3) Section 1-3.413-5.

(b) Within Chapter 5A, cross-references to parts, subparts, and sections will be made in a manner generally similar to that used in making crossreferences to the FPR. For example, this paragraph would be referenced as "§ 5A-1.107-3(b)."

§ 5A-1.108 Citation.

(a) In formal documents, such as legal briefs, citations of Chapter 5A material shall give the number of the part, subpart, or section of Chapter 5A following the words "General Services Administration Procurement Regulations" and shall include an appropriate reference to "41 CFR--" where the material has been published in the FEDERAL REGISTER.

(b) Any section of Chapter 5A, for purpose of brevity, may be informally identified as "GSPR" followed by the section number. For example, this paragraph would be identified in a letter as "GSPR 5A-1.108(b)."

§ 5A-1.109 Deviation.

(a) The term "deviation" as used in this Chapter 5A is defined in the same manner as described in § 1-1.009-1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation from the FPR and GSPR Chapter 5A shall be kept to a minimum and controlled as follows:

(1) Approval of any deviation by GSA activities from the FPR in individual cases will be made only by the Head of the responsible Central Office Service or Staff Office, and in classes of cases only by the Administrator of General Services. Requests for deviations will be supported by statements adequate to disclose fully the nature of the deviation and the need therefor.

(2) Deviations from GSPR 5A will be made only after prior approval by the Commissioner, FSS, or by the Assis

tant Commissioner for Procurement, FSS, if the deviation does not affect the programs and operations assigned to any other GSA activity. However, deviations from Part 50, GSPR 5A (to be issued), constitute an exception to the above. Such deviations will be made only after prior approval by the Commissioner, ADTS, and will need no further approval if such deviations affect only the programs and operations assigned to ADTS.

(3) Deviation 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.

Subpart 5A-1.2-Definition of Terms

§ 5A-1.206 Head of the procuring activity.

"Head of the procuring activity" means (a) Assistant Commissioners responsible for procurement, (b) Directors, National Commodity Centers, (c) Regional Commissioners, FSS, or (d) heads of equivalent organizational elements.

[40 FR 37038, Aug. 25, 1975]

§ 5A-1.250 Procuring director.

"Procuring director" as used in this GSPR 5A means (a) Central Office procurement division directors, National Commodity Center procurement division directors, and Transportation Services Division directors, (b) regional directors of Procurement Divisions, Transportation Services Divisions, and Personal Property Divisions, or (c) directors of equivalent organizational elements who have a procurement responsibility.

[40 FR 37038, Aug. 25, 1975]

Subpart 5A-1.3-General Policies

§ 5A-1.304 Designation of solicitation opening time.

The time and date of bid opening or receipt of offers shall be shown in block 9, Standard Form 32, Solicitation, Offer, and Award, as follows:

Time (a.m. or p.m.)", Date (month-dayyear (in numbers)). The asterisk and the

phrase "local time at the place of bid opening" or "local time at the place designated for receipt of offers", as appropriate, shall be inserted immediately under 4 of block 9. [41 FR 27037, July 1, 1976]

§ 5A-1.305 Specifications.

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

(a) Pursuant to § 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 in lieu 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.

(b) If a procuring activity finds that an Interim Federal Specification is not suitable for use, or that changes are desirable, the appropriate specification manager shall be so notified. The reasons why the specification is considered unsuitable and any recommendations for changes shall be submitted on GSA Form 2967. Request for Specification and/or Purchase Description Action, in an original and one copy.

[40 FR 3998, Jan. 27, 1975, as amended at 41 FR 27037, July 1, 1976]

§ 5A-1.305-3 Deviations from Federal specifications.

Any deviation from the requirements in a Federal or Interim Federal Specification contemplated under § 11.305-3 shall be submitted to the appropriate specification manager for approval prior to use in a solicitation or contract modification. The request shall include a statement describing the deviation, with justification therefor, and, when appropriate, a recommendation for revision or amendment to the specification. (For procedures applicable to the processing and approval of requests for waivers of specification requirements in connection with the acceptance of nonconforming supplies or services, see § 5A-14.206.) [41 FR 27037, July 1, 1976]

§ 5A-1.305-6 Military and departmental specifications.

In the absence of a Federal or Interim Federal Specification, military and departmental specifications shall be considered. The contracting officer shall select the most appropriate specification with the advice and assistance of technical personnel.

[40 FR 3998, Jan. 27, 1975]

§ 5A-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 (included in GSA Form 1424) shall be included in the solicitation:

COPIES OF GOVERNMENT SPECIFICATIONS AND

STANDARDS

or

The Government specification(s) standard(s), if any, applicable to each article is stated in the Solicitation for Offers in connection with the general description of the article. A single copy of the referenced Federal or Interim Federal Specification or Standard is available without charge from the General Services Administration Business Service Centers in Boston; New York; Atlanta; Chicago; Kansas City, MO; Ft. Worth; Denver; San Francisco; Los Angeles; and Seattle; or from Specification Sales, GSA, Bldg. 197, Washington Navy Yard, 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.

(d) In formally advertised procurements, when the contracting officer discovers prior to the time set for the opening of bids 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 accorIdance 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.

(1) If such a discovery is made after bid opening, but prior to award, the bids 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 in the best interest of the Government when the supplies to be furnished under the cited specification would differ significantly from the Government's current actual requirements or where bidders may have been misled as to the actual specification intended.

(2) 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 opportunity 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 cancelled 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 § 5A-1.305-50(d) for discoveries made either before the time set for the opening of bids or after award, respectively. When discovery is made after the closing date for receipt of propos

als but prior to 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 should 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.

[40 FR 3998, Jan. 27, 1975)

§ 5A-1.305-70 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 for waivers, and provides that such requests shall be submitted to the Commissioner, Federal Supply Service, for approval or disapproval. The Commissioner, FSS, has delegated to the Assistant Commissioner, Office of Standards and Quality Control (FM), the authority to approve or disapprove agency requests for waivers.

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

(c) A copy of the FSS letter in response to the agency request will be forwarded to the Customer Market Research Branch, FFMR. 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.

(d) Normally, when an agency submits a request for a waiver it intends to purchase the proposed item through its own procurement office. Occasionally, an agency may submit a waiver request and at the same time (or subsequent to approval of the waiver) request FSS to make the procurement. When the agency submits a purchase request to FSS, the contracting officer shall determine if an item in the GSA supply system will fulfill the end-use purpose of the item requested to be procured and, if such an item is available in the GSA supply

system, the agency should be contacted to determine whether it will satisfy the agency's needs. If the agency is unwilling to accept a GSA item as a substitute for the requested item, the procurement activity shall coordinate with the Office of Standards and Quality Control which will determine whether procurement of the proposed item is justified. If the purchase request is for a particular make, model, or brand of item, the justification submitted by the agency must meet the requirements of FPMR 101-26.105(b).

(e) With respect to maintenance, repair, and rehabilitation of equipment, FPMR 101-42.102-1(b) states that when an agency determines that services available from an existing term contract price schedule will not fill its required needs, a request to waive the requirement shall be submitted to the GSA regional FSS office administering the contract. Such request shall specify the quantities involved, describe the difference between the services required and those listed in the price schedule, and give reasons why the service will not meet requirements. Waivers are not required in the case of public exigencies.

[40 FR 3999, Jan. 27, 1975]

§5A-1.306 Standards.

The provisions of §§ 5A-1.305-2 and 5A-1.305-3 relating to the mandatory use of Federal Specifications and the processing of requests for deviations from Federal Specifications are also applicable to Federal Standards.

[40 FR 3999, Jan. 27, 1975]

§ 5A-1.307 Purchase descriptions. [32 FR 12558, Aug. 30, 1967]

§ 5A-1.307-1 Applicability.

(a) When it has been determined in accordance with § 1-1.307-1(b) that only a particular brand name product has features which are essential to the Government's requirements, the purchase description shall specify the brand name of the product without adding the words "or equal." In such cases, the procurement should be made by negotiation (see also paragraphs (1), (2), and (13) of § 13.210(a)).

(b) Repeated use of the same purchase description indicates that consideration should be given to developing a specification. In such cases, procurement activities shall prepare and forward an original and duplicate of GSA Form 2967, request for Specification and/or Purchase Description Action, to the Specification Management Staff, FMR. The recommendation should be supported by annual purchase statistics and any other pertinent data. The Office of Standards and Quality Control will obtain a detailed description of the item from the manufacturer(s) of products known to be acceptable and will coordinate with registered users to develop a specification when demand for the item warrants such action. A completed copy of GSA Form 2967 will be returned to the procurement activity originating the request.

[40 FR 3999, Jan. 27, 1975]

§ 5A-1.307-4 Brand name products or equal.

(a) Referencing of brand name products. Brand name or equal purchase descriptions shall reference all brand name products known to be acceptable and of current manufacture. Where the use of a brand name or equal purchase description results in the purchase of an acceptable brand name product which was not referenced in the description (an “equal" product), a reference to that brand name product should be included in the purchase description for subsequent procurements. Where it is found that a referenced brand name product is no longer applicable, the reference thereto shall be deleted from the purchase description. Information regarding such additions and deletions coming to the attention of procurement personnel shall be immediately communicated to the appropriate Branch Chief (or Division Director, FMA) in the Office of Standards and Quality Control for formal revision of the purchase description.

(b) Specifying salient characteristics. (1) It is imperative that brand name or equal purchase descriptions specify each physical, functional, or other characteristic of the referenced