AUTHORITY: The provisions of this Part 5B-1 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101(c), 28 F.R. 4559, May 7, 1963.

SOURCE: The provisions of this Part 5B-1 appear at 28 F.R. 5456, June 4, 1963; 28 F.R. 7095, July 11, 1963, unless otherwise noted. § 5B-1.000 Scope of part.

This part describes the method by which the Public Buildings Service implements and supplements the 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. In addition, it contains policies and procedures which implement and supplement Chapter 1 and Chapter 5.

Subpart 5B-1.1-Introduction § 5B-1.100 Scope.

This subpart establishes Chapter 5B of the General Services Administration Procurement Regulations (41 CFR 5B), states its relationship to the Federal Procurement Regulations (FPR) and Chapter 5 of the General Services Adminis

tration Procurement Regulations, and sets forth other introductory information.

§ 5B-1.101 Establishment of Chapter 5B, General Services Administration Procurement Regulations.

This Chapter 5B of the General Services Administration Procurement Regulations (GSPR) is prescribed by the Commissioner, Public Buildings Service, and is established to provide all Public Buildings Service (PBS) activities with additional uniform operating policies and procedures applicable to the procurement of personal property and nonpersonal services (including construction). § 5B-1.102 Relationship of Chapter 5B to the FPR and Chapter 5.

(a) GSPR Chapter 5B implements and supplements the FPR and GSPR Chapter 5. Implementing material is that which expands upon related FPR and 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 PBS upon the effective date of the particular FPR or Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5B. Therefore, all three must be reviewed to obtain comprehensive coverage of PBSwide procurement operating policies and procedures.

(c) Material in Chapter 5B 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 5B contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§ 5B-1.103 Applicability.

Chapter 5B applies to all purchases and contracts made by PBS for the procurement of personal property and nonpersonal services (including construction).

§ 5B-1.104 Method of issuance.

(a) All Chapter 5B material deemed necessary for business concerns, and others interested, to understand PBS procurement operating policies and procedures will be published in the FEDERAL REGISTER. Other related material also may be published in the FEDERAL REG

ISTER When its inclusion will provide a logical, comprehensive statement of PBS procurement operating policies and procedures.

(b) Chapter 5B material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5B of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5B). 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.

§ 5B-1.105 Exclusions.

(a) Certain PBS procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is justification. These exclusions include the following categories:

(1) Subject matter which bears a security classification.

(2) Policy 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 or procedures pertaining to other functions of PBS as well as to procurement functions and there is need to make the issuance available simultaneously to all PBS employees concerned.

(5) Where speed of issuance is essential, numerous changes are required, 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 (a) (5), above, will be codified into Chapter 5B at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 5B-1.106 Arrangement.

§ 5B-1.106-1 General plan.

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

cept that the first digit of the number is either 1, 5, or 5B.

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

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

§ 5B-1.106-3 Cross-references.

(a) Within Chapter 5B, cross-references to the FPR and Chapter 5 will be made in the same manner as used within the FPR. Illustrations of cross-references to Chapter 5 are:

(1) Part 5-2.

(2) Subpart 5–2.2.

(3) § 5-2.203-1.

(b) Within Chapter 5B, 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 "§ 5B1.106-3(b).”

§ 5B-1.107 Citation.

(a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5B 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) Any section of Chapter 5B, for purpose of brevity, may be informally identified as "GSPR" followed by the section number. For example, this par

agraph could be identified in a memorandum as "GSPR 5B-1.107(b)."

§ 5B-1.108 Deviation.

(a) The term "deviation" as used in this Chapter 5B is defined in the same manner as described in § 1-1.009-1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation by PBS activities from this Chapter 5B will be kept to a minimum and controlled as follows:

(1) Approval of any deviation affecting the programs and operations of two or more PBS Offices will be made only by the Commissioner, PBS. In each instance the file shall disclose the nature of the deviation and the reasons for such special action.

(2) Approval of any deviation will be made only by the appropriate Assistant Commissioner, if the deviation does not affect the programs and operations of any other Office of PBS.

(3) Requests for authority to deviate from Chapter 5B shall be submitted to the appropriate Office of PBS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(4) Deviations in classes of cases, authorized under paragraphs (1) and (2) above, will expire, unless extended, 12 months from the date of approval, unless sooner rescinded, without prejudice to any action taken thereunder.

(c) Except as otherwise provided, when a deviation from a Chapter 5B 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, specifications, or continuation sheet as appropriate.

Subpart 5B-1.3-General Policies § 5B-1.315 Use of liquidated damages provisions in procurement contracts. See §§ 1-1.315 and 5–1.315 of this title. [31 F.R. 2597, Feb. 10, 1966] § 5B-1.315-2

Policy.

(a) The rate of liquidated damages to be stipulated in a construction contract shall bear a realistic relationship to the probable damages the Government may be expected to suffer, and shall take into consideration the added costs of contract administration and supervision, interest on the Government's investment, and the net rental the Government would be

obligated to pay as a result of construction not being completed on the scheduled date.

(b) The Assistant Commissioner for Construction, the Assistant Commissioner for Design, and the Regional Administrators are designed to approve, where justified, the omission of a liquidated damages provision from a construction contract.

(c) Omission of a liquidated damages provision from a construction contract may be justified when construction consists of repairs, alterations, or improvements, any delay in the completion of which would still permit the occupying agency to continue its normal function in an uninterrupted manner and which would not result in added expense to the Government.

[28 F.R. 11402, Oct. 24, 1963, as amended at 81 F.R. 2597, Feb. 10, 1966]

§ 5B-1.318 Disputes clause.

§ 5B-1.318-1 Contracting officer's decision under a Dispute clause.

(a) The adequacy of the contracting officer's decision under the Disputes clause, as required by § 1-1.318-1, and of the contents of any subsequent notice of appeal, as provided for by § 5-60.202, shall be properly insured. Accordingly, the following paragraphs shall be set forth in all contracting officer's decisions subject to a Disputes clause:

This decision is made in accordance with the Disputes clause and shall be final and conclusive as provided therein, unless a written Notice of Appeal addressed to the Administrator of General Services is mailed or otherwise furnished to the Contracting Officer. The Notice of Appeal, which is to be signed by you as the contractor or by an attorney acting on your behalf, and which may be in letter form, should indicate that an appeal is intended, should refer to this decision, and should identify the contract by number. The Notice of Appeal should include a statement of the reasons why the decision is considered to be erroneous.

In the event you desire to file an appeal from this decision, there is enclosed for your convenience GSA Form 2465, Notice of Appeal, in triplicate, for completion and signature. All the items of information requested must be supplied. If sufficient space is not available on this form for each item, please attach a supplemental sheet or sheets. Also attached is an additional copy of the form which should be completed and retained for your files. The Notice of Appeal is to be signed by the appellant personally if an individual, or, if not, by an authorized officer or duly authorized representative of the

appellant organization and submitted in triplicate to the Contracting Officer.

The Notice of Appeal must be mailed or otherwise furnished to the Contracting Offcer within 30 days from receipt of this decision or your appeal shall be considered untimely.

(b) Notice of appeal action under the above circumstances may be effected by use of GSA Form 2465, Notice of Appeal, as illustrated by § 5B-16.950-2465. [37 FR 4077, Feb. 26, 1972]

Subpart 5B-1.7-Small Business
Concerns

§ 5B-1.706

Procurement set-asides for

small business.

[37 FR 334, Jan. 11, 1972]

§ 5B-1.706-70 Unilateral class setasides (construction).

(a) In addition to the set-aside program described in § 5-1.706-1(b), the following determination is made:

UNILATERAL SMALL BUSINESS CLASS SET-ASIDE DETERMINATION

In accordance with FPR 1-1.706 and GSPR 5-1.706 it is hereby determined that procurements by the Public Buildings Service for construction, including alteration, maintenance, and repairs, estimated to cost between $500,000 and $1 million, shall be set aside for small business concerns on a class basis. This determination shall be reviewed not later than 1 year after the date of publication. This determination does not apply to any individual procurement for which small purchase procedures are to be used or when repair work is required on installed mechanical systems, such as elevators, steam generators, airconditioners, or distributing systems.

(b) In the case of any individual procurement action where a set-aside is not considered feasible, the reasons for not making a set-aside shall be summarized in the procurement contract file.

(c) This determination shall not be construed as preventing PBS contracting officers from making unilateral small business set-asides on larger contracting actions which qualify therefor. [37 FR 334, Jan. 11, 1972]

Rejection of bids.

5B-2.404 5B-2.404-2 Rejection of individual bids. 5B-2.404-70 Causes arising from subcontractor listing requirements. BB-2.407-72 Equal employment opportunity preaward conferences.

AUTHORITY: The provisions of this Part 5B-2 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101 (c), 28 F.R. 4559, May 7, 1963.

Subpart 5B-2.2-Solicitation of Bids

§ 5B-2.201-81 Distribution of bidding documents.

Principal subcontractors may be furnished bidding documents upon request, in writing, as provided in the GSA Overprint of Standard Form 20, Invitation for Bids. If copies are not available, applicants shall be informed where they may be reviewed during regular office hours.

[35 F.R. 8232, May 26, 1970]

§ 5B-2.202 Miscellaneous rules for solicitation of bids.

[29 FR. 15026, Nov. 6, 1964]

§ 5B-2.202-70 Listing of subcontractors.

(a) Except as otherwise provided in paragraph (b) of this section, invitations for bids shall require the bidder to name the principal subcontractors (or his own firm when it will perform the work). Contracting officers shall determine the categories of work for which subcontractors' names are to be submitted. The mechanical, electrical, and elevator and/ or escalator divisions of the project specifications shall be included in the subcontractor listing by title and division number. In addition, such listing shall include, by titles and section numbers, all other general construction categories of work in the project specifications which, individually, are determined by

the contracting officer to comprise at least 32 percent of the estimated cost of the entire contract; categories estimated to cost less shall not be included.

(b) The requirement to name subcontractors shall not be included in invitations for bids on new construction contracts not estimated to exceed $150,000 or on alteration contracts not estimated to exceed $500,000. It may be omitted from invitations for bids on contracts estimated to exceed such amounts if determined by the contracting officer to be clearly inappropriate, provided that such determinations are documented and retained in the contract file.

(c) Where alternate prices are provided for, the estimated cost of the maximum amount of work which might be included in an award of the contract shall serve as the basis for determining both whether the requirements for listing of subcontractors shall be included in the invitation and the categories of work to be included on the list.

(d) The list of categories of work for which subcontractors are required to be named shall be set forth in a supplement to the bid form.

(e) The following clause shall be included in the Special Conditions:

LISTING OF SUBCONTRACTORS

(a) For each category on the List of Subcontractors which is included as part of the bid form, the bidder shall submit the name and address of the individual or firm with whom he proposes to contract for performance of such category: Provided, That the bidder may enter his own name for any category which he will perform with personnel carried on his own payroll (other than operators of leased equipment) to indicate that the category will not be performed by subcontract.

(b) If the bidder intends to subcontract with more than one subcontractor for a category or to perform a portion of a category with his own personnel and subcontract with one or more subcontractors for the balance of the category, the bidder shall list all such individuals or firms (including himself) and state the portion (by percentage or narrative description) of the category to be furnished by each.

(c) If alternate bids are required under this invitation, the bidder may list both the name of the individual or firm with whom he proposes to subcontract (or his own name) if awarded the contract on the base bid only, and the name of a different individual or firm with whom he proposes to subcontract for a category (or his own name) if award is made on the basis of base bid plus an alternate (or alternates) which affects the