§ 5-1.000 Scope of part.

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

[25 F.R. 5571, June 21, 1960]

Subpart 5-1.1-Introduction SOURCE: §§ 5-1.100 to 5-1.106-3 appear at 25 F.R. 5571, June 21, 1960.

§ 5-1.100 Scope of subpart.

This subpart establishes Chapter 5 of the Federal Frocurement 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).

§ 5-1.103 Applicability.

Chapter 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, Chapter 5 applies to purchases and contracts within and outside the United States.

§ 5-1.104 Method of issuance.

(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.

(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)."

Subpart 5-1.3-General Policies

SOURCE: §§ 5-1.302 to 5-1.350-4 appear at 26 F.R. 6199, July 11, 1961, except as otherwise noted.

§ 5-1.302 Procurement sources.

§ 5-1.302-50 Employees of the Federal Government.

No contract for the procurement of personal property or nonpersonal services (including construction) shall be entered into with any employee of the Federal Government or with any firm substantially owned or controlled by one or more employees of the Federal Government, except for the most cogent reasons and only with the approval of the head of the service or staff office conducting the procurement.

§ 5-1.305 Specifications.

§ 5-1.305-2 Exceptions to mandatory use of Federal Specifications. Pursuant to § 1-1.305-2(f), when an Interim Federal Specification exists for a specific item which is also described in a Federal Specification, procuring activities shall use the Interim Federal Specification in lieu of the Federal Specification upon determination that the Federal Specification is not suitable for the specific application.

§ 5-1.305-3 Deviations from Federal Specifications.

Any deviation from a Federal Specification contemplated under § 1-1.305-3 shall be submitted to the Commissioner, FSS, or his designee, for approval prior to use. The request shall include a statement describing the deviation, with justification therefor and, where applicable, a recommendation for revision or amendment of the specification.

§ 5-1.305-4 Optional use of Interim Federal Specifications.

Procuring activities shall use Interim Federal Specifications in lieu of Federal Specifications whenever practical, in accordance with § 5-1.305-2. When a procuring activity finds an Interim Federal Specification is not practical for use,