(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 regula

tions.

(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.

(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 mini

mum.

(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
Enforcement.

§ 5B-1.508

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 furnish 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.

(2) Distribution of copies of the GSA Debarred Bidders List shall be made to those GSA officials and employees whose duties require access to the List, as determined by the Head of each Service or Staff Office.

(3) Copies of the GSA Debarred Bidders List shall be furnished to such officials and employees of other Federal agencies as may be designated by the Office of Investigations.

(c) The GSA Debarred Bidders List shall be marked "For Official Use Only."

(d) The cause for each entry on the GSA Debarred Bidders List shall be identified in accordance with § 1-1.602. § 5B-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

(a) Unless precluded by law or executive order, the Commissioner may determine that for a particular transaction the application of debarment, suspension or ineligibility against a concern or individual being considered for award as a contractor or being proposed (pursuant to contractual understanding) for approval as a subcontractor is not in the public interest and may authorize the making of an award or the approval of a proposed subcontractor, if otherwise appropriate. In such cases, the contract folder shall be documented to reflect the determination and the justification therefor.

(b) When circumstances indicate that a concern or individual is attempting to evade the restrictions arising from debarment, suspension, or ineligibility, and the contracting officer can establish identity between the suspect bidder and a concern or individual on the GSA Debarred Bidders List, he shall apply the basic restrictions and forward a statement of the circumstances to the Office of Investigations. If the facts to confirm a suspected evasion are not available to the contracting officer, he shall document the circumstances and request the Office of Investigations to investigate. If time permits, award should be withheld pending receipt of the results of the investigation. Suspicious circumstances may include such actions as change of address, use of multiple addresses, adoption of new business name, indications that a concern or individual on the GSA Debarred Bidders List has a controlling or active interest in a new enterprise, and others.

§ 5B-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

§ 5B-1.604-1 Procedural requirements relating to the imposition of debar.

ment.

(a) Administrative debarment by GSA shall be initiated by the Commissioner in accordance with the procedures set forth in § 1-1.604-1. Where no hearing is requested by the concern or individual sought to be debarred, debarment shall be imposed by the Commissioner. Where a hearing is properly requested, the debarment shall be imposed either by the Administrator or by a hearing authority designated by him to hear and determine such matter. The notice of proposed debarment shall apprise the concern or individual that if such party desires a hearing: (1) A request therefor is to be made by that party within 20 days following the receipt of the notice of the proposed debarment, and (2) the request for a hearing is to be accompanied by a statement setting forth the grounds upon which the proposed debarment will be contested.

(b) The notice to be furnished under § 1-1.604-1 shall be sent by registered or certified mail, return receipt requested, to the last known address of the concern or individual. A copy of such notice shall be furnished to the Office of Investigations. Where the notice is sent by registered or certified mail to the last known address of the concern or individual but where actual or personal delivery is not effected by the Postal Service, a debarment may be imposed; but any such debarment shall, upon the submission of an appropriate application, be subject to reopening; and in such event a hearing shall be accorded in respect to the debarment.

§ 5B-1.605-4 Notice of suspension.

The notice of suspension to be furnished under § 1-1.605-4 shall be sent by registered or certified mail, return receipt requested, to the first known address of the concern or individual in question. A copy of such notice shall be furnished to the Office of Investigations. A suspension may be imposed upon the mailing of such notice. However, whether or not actual or personal delivery is accomplished by the Postal Service, the concern or individual in question may, at any time, submit information in opposition to such suspension and such information shall be duly considered. § 5B-1.606 Agency procedure. § 5B-1.606-51 Debarment by agencies.

other

The Office of Investigations shall review the basis for a debarment made by another executive agency for the purpose of determining whether debarment, should as authorized by § 1-1.604(a) (5), be recommended.

(a) If debarment by the other agency was based on conviction for violation of law as set forth in § 1-1.604 (a) (1), the Office of Investigations shall notify the Commissioner primarily concerned, who shall take immediate action to debar. The end of the period of debarment shall coincide with the date set by the original debarment action.

and

(b) If administrative debarment by another agency was for any of the causes as set forth in § 1-1.604(a) (2), (3), (4), and if warranted as a result of review, the Office of Investigations shall recommend debarment to the Commissioner.

§ 5B-1.606-52

Investigations.

(a) When a contracting activity suspects the commission of offenses or irregularities which might support debarment or suspension, it shall forward to the Office of Investigations a request for investigation, with a statement of the pertinent circumstances.

(b) The Office of Investigations shall make a thorough investigation of the circumstances as expeditiously as possible and shall report the results to the service primarily concerned with a recommendation as to whether debarment or suspension should be invoked. The files of the Office of Investigations compiled in support of such reports of investigation shall, upon request, be made available for

(a) Hearings requested in connection with debarment proceedings as provided in § 1-1.604-1(b) shall be conducted before the Administrator, or his representative (herein called the hearing authority). An opportunity shall be afforded to the concern or individual to appear with witnesses and counsel to show cause why such concern or individual should not be debarred. Where a concern or individual requests a hearing and fails to appear, the hearing authority shall consider the case on the basis of the records and information made available to it.

Accordingly, in any instance where a party has requested a hearing, he may elect to forego the submission of oral testimony and may submit a written statement (together with any information relating thereto) in opposition to the proposed action. Where a party foregoes the presentation of testimony, the Government, at the discretion of the hearing authority, need not present any testimony. Whenever a proposed debarment is referred to a hearing authority for a hearing and the making of appropriate determinations, the hearing authority shall determine whether or not debarment is warranted under the particular circumstances and, where debarment is warranted, shall also determine the period thereof.

(b) The matter of debarment may be referred by the Administrator to the hearing authority; (1) for a hearing and the making of appropriate determinations, or (2) for a hearing and the making of appropriate recommendations.

(c) The procedure to be used in the conduct of a hearing relating to debarment shall, insofar as practicable, be similar to that used by the Board of Contract Appeals in the conduct of a hearing relating to a contract dispute.

(d) Hearings shall be held by the hearing authority within 30 days after the receipt of the request for a hearing, unless the hearing authority grants additional time.

(e) Notwithstanding the imposition of a debarment, it may, in accordance with § 1-1.604 (c), be removed or the period thereof may be reduced by the Administrator or, if originally imposed by the Commissioner.