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CHAPTER 5-GENERAL SERVICES

ADMINISTRATION

Part 5-1 5-2 5-5 5-6 5-8 5-9 5-10 5-11 5-12 5-14 5-16 5-18 5-19 5-26 5-30 5-53 5-60 5-63

General............
Procurement by formal advertising
Special and directed sources of supply
Foreign purchases ........
Termination of contracts .........
Patents, data, and copyrights....
Bonds and insurance .........
Federal, State, and local taxes...
Labor..........
Inspection and acceptance....
Procurement Forms
Procurement of Construction .....
Transportation............
Contract Modifications.
Contract Financing
Contract Administration
Contract appeals.............
Audits

Page 420 428 463 467 474 479 481 483 485 488 491 496 501 507 509 517 521 534

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PART 5-1-GENERAL

AUTHORITY: Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)).

SOURCE: 44 FR 29668, May 22, 1979, unless otherwise noted.

Sec. 5-1.000 Scope of part.

Subpart 5-1.1- Introduction

5-1.101 Scope of subpart. 5-1.102 Purpose. 5-1.103 Authority. 5-1.104 Applicability. 5-1.105 Exclusions. 5-1.106 Issuance. 5-1.107 Arrangement. 5-1.107-1 General plan. 5-1.107-2 Numbering . 5-1.107-3 Citation. 5-1.107-4 Cross-references. 5-1.108 [Reserved) 5-1.109 Deviation.

85-1.000 Scope of part.

This part describes the method by which the General Services Administration implements and supplements the Federal Procurement Regulations (FPR). It contains procedures which implement and supplement Part 1-1 of the FPR.

Subpart 5-1.1- Introduction

Subpart 5-1.2 Definition of Terms

5-1.206 Head of the procuring activity.

Subpart 5-1.3 General Policies

5-1.340 Waivers under wage and price

standards for Federal contractors.

Subpart 5-1.4 Procurement Responsibility and

Authority

85-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the General Services Administration Procurement Regulations (GSPR 5). 85-1.102 Purpose.

This subpart establishes the General Services Administration Procurement Regulations (GSPR 5) which, together with the Federal Procurement Regulations, govern the procurement by GSA of personal property and nonpersonal services (including construction). 85-1.103 Authority.

The General Services Administration Procurement Regulations (GSPR 5) are prescribed by the Assistant Administrator for Acquisition Policy in Chapter 5, Title 41, Code of Federal Regulations, under the authority of the Federal Property and Administrative Services Act of 1949, as amended.

5-1.401 Responsibility of the head of the

procuring activity.

Subpart 5-1.6-Debarred, Suspended, and

Ineligible Bidders

5-1.600 Scope of subpart. 5-1.602 GSA debarred, suspended, and in

eligible bidders list. 5-1.604-1 Procedural requirements relating

to the imposition of administrative de

barment. 5-1.605 Procedural requirements relating

to the imposition of suspension. 5-1.605–1 Suspension pending the imposi

tion of debarment. 5-1.607 General Services Administration

responsibility.

Subpart 5-1.7—Small Business Concerns

5-1.710 Subcontracting with small business

concerns. 5-1.710-1 General. 5-1.710-50 Solicitation review. 5-1.710-51 Subcontracting plan review. 5-1.710-52 Copies of subcontracting plans. 5-1.710-53 Responsibility for notices.

85-1.104 Applicability.

(a) GSPR 5 applies to all purchases and contracts made by the General Services Administration for the procurement of personal property and nonpersonal services (including construction). Unless otherwise specified, GSPR 5 applies to purchases and contracts within and outside the United States.

(b) GSPR 5 implements and supplements the FPR and is part of the Federal Procurement Regulations System. Amendments published in the FPR (which has Government-wide applicability) become effective throughout GSA upon the effective date of the

Subpart 5-1.12—Responsible Prospective

Contractors

5-1.1205-2 When information will be ob

tained.

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particular FPR amendment. The FPR generally will not be repeated, paraphrased, or otherwise restated in GSPR 5.

(c) Implementing regulations are those which expand upon related FPR policies and procedures. Supplementing regulations are those for which there are no counterparts in the FPR.

(d) Regulations in GSPR 5 may deviate from the FPR when a deviation (see § 5-1.109) is explicitly authorized. When GSPR 5 contains no regulation which implements the FPR, the FPR alone will govern.

8 5-1.107-1 General plan.

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

8 5-1.105 Exclusions.

(a) Certain GSA procurement policies and procedures which come within the scope of this GSPR 5 nevertheless may be excluded when justified. 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 6 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 for which there is need to make the directive available simultaneously to all GSA employees concerned.

(5) When speed of issuance is essential, numerous changes are required in GSPR 5, 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 will be codi. fied in GSPR 5 at the earliest practicable date.

8 5-1.107-2 Numbering

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

(b) When GSPR 5 implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section, or subsection of GSPR 5 is numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) When GSPR 5 supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 69 are assigned to the supplementing part, subpart, section, or subsection.

(d) When the subject matter contained in an FPR part, subpart, section, or subsection requires no implementation, GSPR 5 will not contain a corresponding part, subpart, section, or subsection. This will result in some gaps in the GSPR 5 series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR for applicable policies and procedures.

85-1.106 Issuance.

(a) GSPR 5 regulations are published in the FEDERAL REGISTER. Related policies and procedures also may be published in the FEDERAL REGISTER.

(b) GSPR 5 regulations which are published in the FEDERAL REGISTER will appear in cumulative form in Chapter 5, Title 41, Code of Federal Regulations, and may be purchased from the Superintendent of Documents, U.S.

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the schedule, specifications, or on a continuation sheet, as appropriate.

Subpart 5-1.2 Definition of Terms

8 5-1.107-4 Cross-references.

(a) In GSPR 5, cross-references to the FPR are made in the same manner as in the FPR. Illustrations of crossreferences to the FPR are:

(1) Part 1-3.
(2) Subpart 1-3.1.
(3) § 1-3.413.

(b) In GSPR 5, cross-references to parts, subparts, and sections of GSPR 5 are made in the same manner as in the FPR. For example, this paragraph would be referenced as “g 5–1.1074(b).”

8 5–1.206 Head of the procuring activity.

"Head of the procuring activity" means (a) the Assistant Administrator for Acquisition Policy, (b) Commissioners of Services, (c) the Archivist of the United States, or (d) Regional Administrators. [45 FR 56806, Aug. 26, 1980)

85-1.108 [Reserved)

Subpart 5-1.3—General Policies

85-1.340 Waivers under wage and price

standards for Federal contractors. Requests for waivers from the requirements of paragraphs 1-1.340 (h) and (i) in OFPP Policy Letter No. 78-6 (published as Attachment A, FPR Temp. Reg. 56, July 15, 1980), shall be forwarded by the Heads of Services and Regional Administrators through the Assistant Administrator for Acquisition Policy (V) to the Administrator of General Services for approval, as provided in paragraph 5.b. of FPR Temporary Regulation 56. (45 FR 56807, Aug. 26, 1980)

Subpart 5-1.4 Procurement Responsibility and Authority

85-1.109 Deviation.

(a) The term “deviation" as used in this GSPR 5 has the same meaning as in § 1-1.009-1.

(b) In order to maintain maximum uniformity, deviations from GSPR 5 or the FPR will be kept to a minimum and controlled as follows:

(1) Deviations by GSA activities from GSPR 5 or the FPR in individual cases may be approved at a level no lower than the Head of the responsible Central Office Service or Staff Office. The file shall disclose the nature of the deviation and the reasons for the action. A copy of the devi. ation approval and disclosure shall be furnished to the Office of Acquisition Policy (APR).

(2) Deviations by GSA activities from the FPR in classes of cases may be approved only by the Administrator of General Services.

(3) Deviations by GSA activities from GSPR 5 in classes of cases may be approved only by the Assistant Administrator for Acquisition Policy (AP). These deviations will expire in 12 months if not extended. They may be rescinded earlier without prejudice to any action previously taken.

(c) Class deviation requests shall be supported by statements which fully disclose the need for and the nature of the deviation.

(d) When a deviation from a GSPR 5 or an FPR contract form provision is authorized, physical changes may not be made in the printed form (except as otherwise authorized). Changes shall be made by appropriate provisions in

85–1.401 Responsibility of the head of the

procuring activity. (a) The head of the procuring activi. ty (HPA) is responsible for the implementation and maintenance of an effective and efficient program for the procurement of supplies and services (including construction and leasing) assigned to the activity.

(b) The HPA shall establish adequate controls to ensure compliance with applicable laws, regulations, procedures, and good management practices.

(c) The HPA, in addition to other assigned or designated authorities, has unlimited contracting officer authority. However, the authority may not be redelegated.

(d) The Assistant Administrator for Acquisition Policy, as authorized by the Administrator, is solely responsible for delegations of contracting officer authority, in accordance with the contracting officer warrant program. (45 FR 56806, Aug. 26, 1980)

as

Subpart 5-1.6—Debarred, Suspended,

and Ineligible Bidders

SOURCE: 45 FR 15548, Mar. 11, 1980, unless otherwise noted.

85-1.600 Scope of subpart.

This subpart, which implements and supplements Subpart 1-1.6, prescribes policies and procedures relating to GSA's establishment of a list of debarred, suspended and ineligible concerns and individuals, and relating to concerns and individuals who are administratively debarred or suspended by GSA.

85-1.602 GSA debarred, suspended, and

ineligible bidders list. The Office of Acquisition Policy (OAP) establishes and maintains a list of debarred, suspended, and ineligible concerns and individuals. This list is designated as the “GSA Debarred Bidders List,” and its use is mandatory on all GSA procuring activities. OAP will arrange for its reproduction and distribution. Copies will be made available to those GSA officials and employees requiring access as determined by the head of each service, staff office, or Regional Administrator. Copies will be furnished to such officials and em. ployees of other Federal agencies as may be designated by OAP.

which may serve as the basis for debarment of a concern or individual from participation in Government contracting (see § 1-1.604(a)), shall conduct such investigation is deemed necessary and, if appropriate, forward a report and recommendation, together with all pertinent documentation, to OAP.

(2) When a procuring activity becomes aware of acts, events or conditions which may serve as the basis for debarment of a concern or individual from participation in Government contracting but which do not involve criminal or fraudulent activity or abuse, the procuring activity shall prepare a report, with all pertinent documentation, which shall be forwarded to OAP through the appropriate service commissioner. The report shall include the commissioner's recommendation for action.

(b) Determination. The Assistant Administrator for Acquisition Policy (OAP) will determine whether the existence of cause for debarment as provided under § 1-1.604-1(c) has been established and whether debarment is in the best interest of the Government. OAP shall issue a statement of determination and findings, including a determination of the period of debarment in accordance with 1-1.604(c). Such statement shall be coordinated with the appropriate service commissioner, and shall be reviewed for legal sufficiency by the Office of General Counsel prior to issuance.

(c) Notice. (1) Administrative debarment action shall be initiated in accordance with and containing the information required by 1-1.604-1 by notifying the concern or individual that debarment action is being considered. Effective notice shall be accomplished by certified mail, return receipt requested, to the last known address of the concern or individual (or of its agent for service of process, or any of its principal officers, partners, owners, or affiliates). If no receipt is returned within 10 calendar days, notice shall be presumed as of that time.

(2) Unless the proposed administrative debarment is based upon and similar to an administrative debarment imposed by another agency, the notice

85-1.604-1 Procedural requirements relat

ing to the imposition of administrative

debarment. (a) Investigation and documentation. (1) When a procuring activity becomes aware of acts, events or condi. tions which indicate the presence of criminal or fraudulent activity or abuse, the procuring activity, through the appropriate service commissioner, shall provide a report on such matters, together with all pertinent documentation, to the Office of Inspector General (OIG). The OIG, upon receipt of such report, or upon otherwise becoming aware of acts, events or conditions

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