This subpart establishes Chapter 5 of the Federal Procurement Regulations System, and states its relationship to the Federal Procurement Regulations (FPR), and to other procurement instructions governing GSA operations.

§ 5-1.101 Establishment of GSA-wide procurement policies and procedures. GSA-wide procurement policies and procedures (Chapter 5) are prescribed by the Administrator of General Services and are established to provide, for all General Services Administration (GSA) activities, uniform policies and procedures applicable to procurement of personal property and nonpersonal services (including construction).

§ 5-1.102

Relationship of Chapter 5 to the FPR and other procurement instructions.

(a) Chapter 5 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout GSA upon the effective date of the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise restated in Chapter 5.

(b) Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 5 may supersede the FPR, as when a deviation is authorized, but only when the deviation is explicitly referenced to the FPR. Where Chapter 5 contains no material implementing the FPR, the FPR will govern.

(d) Procurement instructions necessary to implement or supplement the FPR and Chapter 5 will be issued by the heads of the services and staff offices of GSA and their counterparts in the regional offices in appropriate chapters. These, together with the FPR and Chapter 5, constitute the General Services Administration Procurement Regulations (GSPR).

(a) All Chapter 5 material deemed necessary for business concerns and others interested to understand basic and significant 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) The Chapter 5 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5 of Title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

§ 5-1.105 Exclusions.

(a) Certain GSA procurement policies and procedures which come within the scope of this Chapter 5 nevertheless may be excluded therefrom when there is a justification therefor. 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 six 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 there is need to make the issuance available simultaneously to all GSA employees concerned.

(5) Speed of issuance is essential, numerous changes are required in Chapter 5, and all necessary changes cannot be made promptly.

(b) Procurement procedures and instructions issued in other than the FPR System format under (a) (4) and (5), above, will be codified into Chapter 5 at the earliest practicable date, but in any

(a) Generally, the numbering system used in Chapter 5 conforms to that of the FPR (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and Chapter 5 except that the first digit of the number is either 1 (FPR) or 5.

(b) Where Chapter 5 implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 5 will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 5 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 69 will be assigned to the respective supplementing parts, subparts, or sections.

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

§ 5-1.106-3 Cross references.

(a) Within Chapter 5, 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) § 1-3.413-5.

(b) Within Chapter 5, cross references to parts, subparts, and sections of Chapter 5 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 "§ 5-1.106-3(b)."

When the representation required by § 1-1.505 is in the affirmative, each indicated successful bidder or proposed contractor shall be required to submit a completed Standard Form 119 in triplicate. (References in this § 5-1.508 to the Compliance Division shall mean the regional representative or the Central Office of the Compliance Division, as appropriate.)

§ 5-1.508-1 Failure or refusal to furnish representation and agreement. The name of each indicated successful bidder or proposed 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 Compliance Division for such further action as may be appropriate.

§ 5-1.508-2 Failure or refusal to fur. nish Standard Form 119.

The name of each indicated successful bidder or proposed contractor who fails or refuses to furnish a completed Standard Form 119 (or a statement in lieu thereof as provided in § 1-1 507-2) shall be submitted, together with pertinent information, to the Compliance Division 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 concern in question, or other appropriate action.

Subpart 5-1.6-Debarred and
Ineligible Bidders

SOURCE: §§ 5-1.601 to 5-1.606 appear at 25 F.R. 5572, June 21, 1960.

§ 5-1.603 Bases for debarment and ineligible list entry.

Persons included in any of the categories listed in § 1-1 603 and those included within the purview of § 1-1.608 shall be named on the GSA Debarred Bidders List.

§ 5-1.604 Treatment to be accorded firms or individuals in debarred or ineligible status.

(a) Total restrictions. Determination regarding public interest may be made by the appropriate Commissioner.

(b) Ineligibility restrictions of the Walsh-Healey Act. In addition to the estriction on awarding contracts, bids shall not be solicited from a person in any amount estimated to exceed $10,000 for those materials, supplies, articles, or equipment with respect to which such person has been found by the Secretary of Labor to be ineligible to be awarded a contract as provided in § 1-1.603 (f). § 5-1.606 Agency procedure.

The GSA procedure for debarment is as follows:

(a) Statutory debarment and ineligibility. All persons within the categories specified in § 1-1.603 (a), (b), (c), (e), and (f), shall be placed on the GSA Debarred Bidders List.

(b) Administrative debarment. Persons may be debarred, in accordance with the procedures prescribed in this § 51.606(b), for the causes and under the conditions specified in §§ 1-1.605 and 1-1.608.

(1) Determination to debar. The Commissioner of the service primarily concerned, after consultation with the Office of General Counsel and the Compiance Division, shall determine whether the facts are sufficient to warrant debarment action.

(2) Institution of debarment proceedings. If the Commissioner determines to institute debarment proceedings, he shall send a letter of intent to debar by registere mail or certified mail (return recec requested) to the person concerned Summarizing the facts on which the debarment action is predicated, specifying a reasonable and definite period for the proposed debarment, and advising that unless a request for a hearing is received

within 15 days from the date of receipt of the letter of intent to debar, the debarment will become effective when the 15-day period has elapsed. The heads of GSA services and staff offices and the Board of Review shall be notified of the intent to debar.

(3) Hearings. Hearings shall be conducted by the Board of Review. An opportunity shall be afforded to the person to appear, with witnesses and counsel, to present facts or circumstances showing cause why such person should not be debarred. If the person elects not to appear, he must so advise the Board of Review which, thereafter, will make its decision based on the facts on record and such additional evidence as is furnished by the parties involved.

(i) The Board of Review shall give notice of the date of the hearing to the appropriate Commissioner and to the Office of General Counsel.

(ii) All hearings requested hereunder shall be held by the Board of Review within 30 days from the receipt of the request for a hearing, unless the Board of Review considers that additional time should be granted the person against whom the proceedings have been instituted.

(iii) If a person who requested a hearing is determined by the Board of Review to be responsible for any unreasonable delay in disposing of the matter, the Board shall authorize the Commissioner instituting the proceedings to place such person on the GSA Debarred Bidders List pending final action by the Board.

(iv) After consideration of the facts, the Chairman, Board of Review shall notify the person concerned of the decision of the Board of Review.

(4) Debarment action. A debarment action over the signature of a GSA Commissioner or the Chairman of the Board of Review shall constitute a debarment by GSA.

(5) Debarment by other agencies. The Compliance Division shall review the basis for administrative debarments made by other Federal agencies and, if warranted, recommend debarment action to the appropriate Commissioner. If such recommendation is accepted by the Commissioner after consultation with the Office of General Counsel, action to debar will be initiated. Notice of GSA debarment or intent to debar shall be sent by the Commissioner to the per

son concerned. A notice of intent to debar is not required if an opportunity to be heard previously has been furnished the debarred person by the Federal agency which took the original debarment action.

(6) Reconsideration. A person who has been debarred in accordance with the procedure prescribed in this § 5-1.606(b) may request reconsideration at any time subsequent to 90 days after the date of debarment. Reconsideration may be permitted only upon allegations that substantial new evidence has been discovered which was not previously presented, a corporate reorganization has been completed whereby control has been placed in the hands of officials not involved in the action resulting in the debarment, or similar cogent reasons.

Subpart 5-1.7-Small Business
Concerns

§ 5-1.709 SBA Certificates of Competency.

(a) In accordance with § 1-1.310-8, the Small Business Administration (SBA) shall be notified and given an opportunity to certify the competency, as to capacity and credit, of a small business concern which has submitted an otherwise acceptable bid but which has been determined by the contracting officer not to be responsible as to capacity and credit. "Otherwise acceptable bid" means a bid that is responsive to the invitation for bids or request for offers in all respects, including, for example, the submission of samples that have been evaluated and found to meet the stated requirements. "Capacity" means the overall ability of a prospective small business contractor to meet quality, quantity, and time requirements of a proposed contract and includes ability to perform, organization, experience, technical knowledge, skills, "know-how", technical equipment, and facilities.

(b) The procedure in (1), above, is not mandatory under the circumstances stated in § 1-1.709 (c). It does not apply where the contracting officer has found that a small business concern is not a responsible bidder for a reason other than lack of capacity or credit. Thus, it does not apply where a concern does not satisfy the standards of responsibility in § 1-1.310-5 (a) (1), (5), (6), and (7). Where the contracting officer determines that a concern does not meet