§ 5C-1.000 Scope of part.

This part describes the method and procedures by which the Defense Materials Service (DMS) implements and supplements the Government-wide Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSA-wide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations; Chapter 5 of Title 41, Code of Federal Regulations).

Subpart 5C-1.1-Introduction § 5C-1.101 Scope of subpart.

This subpart establishes Chapter 5C of the General Services Administration Procurement Regulations (41 CFR 5C); states its relationship to the Federal Procurement Regulations (FPR) and Chapter 5 of the General Services Administration Procurement Regulations (GSPR); and sets forth other introductory information.

§ 5C-1.102 Establishment of Chapter 5C, General Services Administration Procurement Regulations.

This Chapter 5C of the GSPR is prescribed by the Commissioner, Defense Materials Service, and is established to provide all DMS activities with additional uniform operating policies and procedures applicable to the procurement of personal property and nonpersonal services.

§ 5C-1.103 Relationship of Chapter 5C to the FPR and Chapter 5, GSPR. (a) Chapter 5C implements and supplements the FPR and Chapter 5, GSPR. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or Chapter 5.

(b) Material published in the FPR or Chapter 5 becomes effective throughout DMS upon the effective date of the particular FPR or Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5C. Therefore, all three must be consulted to obtain comprehensive coverage of DMS-wide procurement operating policies and procedures.

(c) Material in Chapter 5C implements and supplements but does not supersede the FPR or Chapter 5, unless a deviation has been authorized and the deviation is explicitly referenced. In cases of other conflict or when Chapter 5C contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of DMS as well as to procurement functions where the issuance should be made available simultaneously to all DMS employees concerned.

(5) Where speed of issuance is essential and numerous changes are required in Chapter 5C, which 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 into Chapter 5C at the earliest practicable date, but in any event not later than six months from date of issuance. $5C-1.106 Method of issuance.

(a) All Chapter 5C material deemed necessary to enable business concerns, and others interested, to understand DMS 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 DMS procurement policies and procedures.

$5C-1.107-1 General plan.

Chapter 5C is divided into parts, subparts, sections, subsections, and further subdivisions as required.

§ 5C-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 5C 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, Chapter 5, and Chapter 5C, except that the first digit of the number is either 1, 5, or 5C.

(b) Where Chapter 5C implements a part, subpart, section, or subsection of the FPR or Chapter 5, the implementing part,

subpart, section, or subsection of Chapter 5C will be numbered (and captioned) to correspond to the FPR or the Chapter 5 part, subpart, section, or subsection.

(c) Where Chapter 5C supplements the FPR or Chapter 5 and thus deals with subject matter not contained in the FPR or Chapter 5, the numbers in the group 70 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 or Chapter 5 requires no implementation, Chapter 5C will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5C series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR and Chapter 5 for policy and procedure applicable throughout DMS.

(b) Within Chapter 5C, cross-references 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 "§ 5C1.107-3(b)."

§ 5C-1.108 Citation.

(a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5C, 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) For brevity, any section of Chapter 5C may be informally identified as "GSPR," followed by the section number. For example, this paragraph could be identified in a memorandum as "GSPR 5C-1.108(b).”

(b) Deviation from the FPR and Chapter 5 will be processed in accordance with § 5-1.109 (b). In order to maintain uniformity to the greatest extent feasible, deviation by DMS activities from this Chapter 5C will be kept to a minimum and controlled as follows:

(1) Deviation will be made only after prior approval by the Commissioner, DMS.

(2) Requests for authority to deviate from Chapter 5C shall be submitted to the Commissioner, DMS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(3) Deviations authorized under subparagraph (1), above, will expire, unless extended, 12 months after the date of approval, or unless sooner rescinded, all without prejudice to any action taken thereunder.

(c) Except as otherwise authorized, when a deviation from a Chapter 5C 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 speci

DMS contracting activities shall notify each bidder determined not to be responsible, by letter, signed by the contracting officer, after clearance with the Director or Deputy Director, Materials Division, or the Director, Industrial Equipment Division, or the Director, Emergency Programs Division, and legal counsel as appropriate, of the reasons for rejecting his bid.

§ 5C-1.315 Use of liquidated damages provisions in procurement contracts.

§ 5C-1.315-2 Policy.

A liquidated damages provision shall not be used in supply or service contracts without the prior approval of the Director or Deputy Director, Materials Division, DMS.

Subpart 5C-2.2-Solicitation of Bids § 5C-2.205 Bidders mailing lists. § 5C-2.205-1 Establishment of lists.

When circumstances justify, suppliers may be listed in the absence of receipt of applications on the basis of information derived from records of previous purchases of similar requirements, trade directories, classified catalog files, trade journals, the classified sections of city directories or telephone directories, and listings of other Federal agencies.

§ 5C-2.205-2 Removal of names from bidders mailing lists.

If any concern fails to respond to or acknowledge receipt of three successive bid invitations or solicitations for offers, its name may, in the discretion of the contracting officer, be removed from the bidders mailing list, and such concern shall be promptly notified in writing of the action taken.

§ 5C-2.205-70 Additions

mailing lists.

to bidders

When a

(a) Protests before award. protest is received prior to making an award, no award shall be made pending resolution of the protest, except where the items to be procured are urgently required or if it is otherwise in the best interests of the Government to do so; provided, however, that no awards under such circumstances shall be made without advice from the appropriate legal counsel and the approval of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate, or higher authority. When pro

(b) Protests after award.

tests are received after award has been made, the contracting officer shall develop the facts in the case and prepare a reply to the protest in letter form for the signature of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate. Such replies must be concurred in by legal counsel.

§ 5C-2.407-70 Award when only one bid is received.

When only one bid is received in re