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CHAPTER 5B-OFFICE OF ACQUISITION
Part 5B-1 5B-2 5B-3 5B-4 5B-7 5B-16
Page 728 737 751 755 756 757
Subpart 5B-1.1- Introduction
SOURCE: 44 FR 29671, May 22, 1979, unless otherwise noted.
5B-1.700 General. 5B-1.701-8 Set-aside for small business. 5B-1.702 Small business policies. 5B-1.703 Determination of status as &
small business concern. 5B-1.703-1 Representation by bidder or of
feror. 5B-1.704 Agency program direction and op
erations. 5B-1.704-2 Program operations. 5B-1.706 Procurement set-asides for small
business. 5B-1.706-1 (Reserved) 5B-1.706-5 Total set-aside. 5B-1.706-51 Class set-aside determinations. 5B-1.706-52 Determination not to set
aside. 5B-1.706-53 Change of status of unrestrict
ed or set-aside procurements.
8 5B-1.101 Scope of subpart.
This subpart sets forth introductory information pertaining to the General Services Administration Procurement Regulations (GSPR 5).
8 5B-1.102 Purpose.
This subpart establishes the General Services Administration Procurement Regulations (GSPR 5B) which, together with the FPR and GSPR 5 govern the procurement by GSA of leases of space (to the extent specifi. cally provided) and nonpersonal services (involving construction, architects and engineers, and building services).
Subpart 5B-1.9—Reporting Possible Antitrust
5B-1.901 General. 5B-1.902 Documents to be transmitted.
8 5B-1.103 Authority.
(a) The General Services Administration Procurement Regulations (GSPR 5B) are prescribed by the Assistant Administrator for Acquisition Policy in Chapter 5B, Title 41, Code of Federal Regulations, under the authority of the Federal Property and Administrative Services Act of 1949, as amended with the assistance of the Commissioner, Public Buildings Service (PBS).
(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 directive available simultaneously to all employees concerned.
(5) When speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly. Policies and procedures under (1), (2), (3) and (5) will be handled on an informal basis by the Assistant Administrator for Acquisition Policy.
(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 in GSPR 5B at the earliest practicable date.
(c) One copy of each locally issued procurement policy and/or procedure shall be furnished to the General Services Administration (APR), Washington, DC 20405.
8 5B-1.104 Applicability.
(a) GSPR 5B applies to all purchases and contracts for the procurement of leases of space (to the extent specifically provided) and nonpersonal services (involving construction, architects and engineers, and building services).
(b) GSPR 5B implements and supplements GSPR 5 and the FPR and is part of the Federal Procurement Regulations System. Amendments published in the GSPR 5 or the FPR become effective throughout GSA on the effective date of the particular amendment. The GSPR 5 or the FPR generally will not be repeated, paraphrased, or otherwise stated in GSPR 5B.
(c) Implementing regulations are those which expand upon related GSPR 5 and FPR policies and procedures. Supplementing regulations are those for which there are no counterparts in the GSPR 5 and the FPR.
(d) Material in GSPR 5B may devi. ate from a GSPR 5 or FPR provision when a deviation (see § 5B-1.109) is explicitly authorized. When GSPR 5B contains no regulation which implements the GSPR 5 or the FPR, the GSPR 5 and/or the FPR will govern.
8 5B-1.106 Issuance.
(a) GSPR 5B regulations deemed necessary for business concerns and others to do business with GSA are published in the FEDERAL REGISTER. Related policies and procedures also may be published in the FEDERAL REGISTER.
(b) GSPR 5B regulations which are published in the FEDERAL REGISTER will appear in cumulative form in Chapter 5B, Title 41, Code of Federal Regulations, and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.
(c) GSPR 5B is issued in loose-leaf form on green paper stock.
8 5B-1.107 Arrangement.
8 5B-1.105 Exclusions.
(a) Certain procurement policies and procedures which come within the scope of this GSPR 5B nevertheless may be excluded when justified. 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.
8 5B-1.107-1 General plan.
Chapter 5B is divided into parts, subparts, sections, subsections, and further subdivisions as necessary. 8 5B-1.107-2 Numbering.
(a) The numbering system used in GSPR 5B conforms to the FPR
5B are made in the same manner as in GSPR 5 or the FPR. For example, this paragraph would be referenced as “$ 5B-1.107-4(b).”
8 5B-1.108 [Reserved]
System (see § 1-1.007-2). A particular policy or procedure is identified by the same number as in GSPR 5 or the FPR, except that the first digit-letter which appears is 5B.
(b) When GSPR 5B implements a part, subpart, section or subsection of GSPR 5 or the FPR, the implementing part, subpart, section, or subsection to GSPR 5B is numbered (and captioned) to correspond to the FPR or GSPR 5 part, subpart, section, or subsection.
(c) When GSPR 5 supplements GSPR 5 or the FPR and thus deals with subject matter not contained in the GSPR 5 or the FPR, numbers in the group 50 through 89 will be assigned to the supplementing part, subpart, section, or subsection.
(d) When the subject matter contained in a part, subpart, section, or subsection of GSPR 5 or the FPR requires no implementation. GSPR 5B will contain no corresponding part, subpart, section, or subsection. Thus, there may be gaps in the GSPR 5B series of part, subpart, section, or subsection numbers. In such cases, reference must be made to GSPR 5 or the FPR for applicable policies and procedures.
8 5B-1.109 Deviation.
(a) The term “deviation” as used in this GSPR 5B has the same meaning as in § 1-1.009-1.
(b) In order to maintain maximum uniformity, deviations from GSPR 5B will be kept to a minimum and controlled as follows:
(1) Deviations by GSA activities from GSPR 5B 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 devi. ation and the reasons for the action. A copy of the deviation approval and disclosure shall be furnished to the Office of Acquisition Policy (APR).
(2) Deviations by GSA activities from GSPR 5B 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 5B 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 the schedule, specifications, or on a continuation sheet, as appropriate.
8 5B-1.107-3 Citation.
(a) In formal documents, such as legal briefs, citations of GSPR 5B material shall include an appropriate reference to Title 41 of the Code of Fed. eral Regulations; e.g., “41 CFR when the material has been published in the FEDERAL REGISTER.
(b) Any section of GSPR 5B, for purpose of brevity, may be informally identified as “GSPR 5B" followed by the section number. For example, this paragraph would be identified as “GSPR 5B-1.107-3(b).”
Subpart 5B-1.3-General Policies
8 5B-1.305 Specifications.
8 5B-1.107-4 Cross-references.
(a) In GSPR 5B, cross-references to GSPR 5 or the FPR are made in the same manner as in the FPR. Illustrations of cross-references to GSPR 5 or the FPR are:
(1) Part 5-3 or 1-3.
(b) In GSPR 5B, cross-references to parts, subparts, and sections of GSPR
8 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
Subpart 5B-1.5—Contingent Fees
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.
8 5B-1.508 Enforcement.
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.)
8 5B-1.318 Disputes.
(a) 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-16.9502465, within the time specified in the Disputes clause.
(b) If the contractor fails to file a Notice of Appeal within 90 days, the contracting officer's final decision will dispose of the dispute except for the contractor's appeal rights in the court of claims.
8 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.
[45 FR 29576, May 5, 1980)
8 5B-1.371 Construction progress pay
ments. When the contracting officer determines that progress on a construction contract is satisfactory, FPR-1-7.6027(c) permits full payment of the current monthly progress payment. However, it is the policy if the Public Buildings Service for the contracting officer to retain 5 percent from each progress payment until substantial completion, even when progress is satisfatory, and to retain 10 percent when progress is not satisfactory. When substantially completed, the accumulated reained amounts may be reduced to the minimum amount that is required to protect the Government's interests and to promote timely completion of the remaining items of work.
8 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 § 1-1.507-2) 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-1.7—Small Business
8 5B-1.700 General.
This subpart implements and supplements Subpart 1-1.7 by prescribing procedures for implementing the GSA small business program, including unilateral set-asides.
(45 FR 29576, May 5, 1980)
(46 FR 51746, Oct. 22, 1981)