Sec.

5B-16.950-1137 GSA Form 1187: Request, Proposal, and Acceptance Covering Construction Contract Modification (July

1969). 5B-16.950-1139

GSA Form 1139: Section 0010, General Conditions (April 1968). 5B-16.950-1142 GSA Form 1142, Release of Claims.

5B-16.950-1467 GSA Form 1467, Invitation, Bid, and Award (Contract for Building Services).

5B-16.950-1467A GSA Form 1467A, Bidding Instructions, Terms, and Conditions (Contract for Building Services). 5B-16.950-1468 GSA Form 1468, General Provisions (Contract for Building Services).

5B-16.950-1735 GSA Form 1735, Information Regarding Buy American Act (July 1961). 5B-16.950-1747

GSA Form 1747, Amendment to Bid Documents (Construction Contract) (February 1967). 5B-16.950-1903 GSA Form 1903, May 1971, Notice to Bidder (Construction Contract).

5B-16.950-2056 GSA Form 2056, October 1970, Preinvitation Notice (Construction Contract).

5B-16.950-2402 (FL)

GSA Form 2402 (FL): Form letter for notifying contractor of action taken on shop drawing submittals December 1968).

5B-16.950-2417(FL)

GSA Form 2417(FL): Notice to Proceed (May 1968). 5B-16.950-2419 GSA Form 2419: Certifica

tion of Payment to Subcontractors and Suppliers (May 1968). 5B-16.950-2428 GSA Form 2428: Request for Authorization of Additional Classification(s), Rate(s), and Fringe Benefit (s) (June 1968).

5B-16.950-2465 GSA Form 2465, Notice of Appeal.

Subpart 5B-16.70-Forms for Building Service

Contracts

5R-16.7000 Scope of subpart.

5B-16.7001 Forms prescribed.

5B-16.7002 Optional use.

AUTHORITY: The provisions of this Part 5B16 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486 (c); 41 CFR 5-1.101 (c).

Subpart 5B-16.9-Illustrations of Forms

NOTE: Copies of the forms are filed with the originals and are available from the Business Service Center in any regional office of the General Services Administration. For changes to this listing of forms, see List of Sections Affected.

Subpart 5B-16.70-Forms for Building Service Contracts

SOURCE: The provisions of this Subpart 5B-16.70 appear at 31 F.R. 2600, Feb. 10, 1966, unless otherwise noted.

§ 5B-16.7000 Scope of subpart.

This subpart sets forth forms for use in procuring building services. Such forms are illustrated in Subpart 5B-16.9 of this part.

§ 5B-16.7001 Forms prescribed.

The following GSA forms are prescribed for use in procuring building services:

(a) GSA Form 1467, December 1966 edition, Invitation, Bid, and Award (Contract for Building Services).

(b) GSA Form 1467-A, September 1970 edition, Bidding Instructions, Terms, and Conditions (Contract for Building Services).

(c) GSA Form 1468, July 1969 edition, General Provisions (Contract for Building Services).

[38 FR 1276, Jan. 11, 1973]

§ 5B-16.7002 Optional use.

While the forms described in this Subpart 5B-16.70 are used in procuring building services by formal advertising, they may also be used for negotiated contracts if appropriate changes are made. For example, the reference to sealed bids and public opening may be lined out and appropriate wording substituted.

posit will be required for advertised construction contracts estimated to exceed $100,000. The amount will be determined by the contracting officer. There will be no charge or deposit on documents for any negotiated construction contract regardless of the amount of the estimate.

(b) Bidding documents will be furnished at no charge to plan rooms, contractor service facilities, and other similar places where the documents are made available for review.

[36 F.R. 21407, Nov. 9, 1971]

PART 5B-53-CONTRACT

ADMINISTRATION

Subpart 5B-53.70-Administration of Fixed-Price

Sec. 5B-53.7010

5B-53.7010-3

Construction Contracts

Subcontractors.

Circumstances

permitting substitution for subcontractor named in bid.

AUTHORITY: The provisions of this Subpart 5B-53.70 issued under sec. 205(c); 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: The provisions of this Subpart 5B-53.70 appear at 33 F.R. 16642, Nov. 15, 1968, unless otherwise noted.

Subpart 5B-53.70-Administration of Fixed-Price Construction Contracts

§ 5B-53.7010 Subcontractors. [33 F.R. 16642, Nov. 15, 1968]

§ 5B-53.7010-3 Circumstances permitting substitution for subcontractor named in bid.

(a) The contracting officer may permit substitution of a subcontractor for one named in a bid pursuant to the Listing of Subcontractors provision prescribed in § 5B-2.202-70(e), in unusual situations, upon submission by the contractor or bidder of a complete justification therefor. The term "unusual situations" includes (but is not limited to) a subcontractor's:

(1) Death or physical disability, if the named subcontractor is an individual; (2) Dissolution, if a corporation or subcontractor's:

(3) Bankruptcy;

(4) Inability to furnish a reasonable performance and payment bond;

(5) Inability to obtain, or loss of, a license necessary for the performance of the particular category of work;

(6) Failure or inability to comply with a requirement of law applicable to contractors, subcontractors, or construction, alteration, or repair projects;

(7) Failure or refusal to execute the subcontract in accordance with the terms of an offer submitted to the contractor or bidder prior to the latter's submission of his bid, but only where the contracting officer can ascertain with reasonable certainty the terms of such offer. In the absence of any other factors, such a failure or refusal will be considered an unusual situation only if the bidder obtained, prior to bidding, an enforceable commitment from the subcontractor involved;

(8) Failure to meet any criteria of responsibility set out in § 1-1.310-5, but only when the contracting officer, in the exercise of sound discretion, finds that substitution for this cause would be in the best interests of the Government (i.e., that it would not be prejudicial to the rights of other bidders and that the contractor or bidder has not attempted to circumvent the restraint on bid shopping by listing a nonresponsible subcontractor in order to gain an opportunity to bid shop prior to making the requested substitution); or

(9) Failure to meet the qualifications requirements of an applicable Specialist or Competency of Bidder clause, but only when the contracting officer, in the exercise of sound discretion, after discussion with the contractor or bidder and, if appropriate, the named subcontractor, finds that substitution for this cause would be in the best interests of the Government as specified in § 5B-53.7010-3 (a) (8).

(b) Where the contracting officer ascertains that a proposed substitution is justified, the substitution shall be authorized at no increase in the bid or contract price or, if the proposed substitute offers the contractor or bidder a lower price than the named subcontractor, at a reduction in the bid or contract price.

[33 F.R. 16642, Nov. 15, 1968]

5C–1.109 Deviation.

AUTHORITY: The provisions of this Part 501 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 50-1 appear at 36 F.R. 6753, Apr. 8, 1971, unless otherwise noted.

§ 5C-1.000 Scope of part.

This part describes the method and procedures by which the Property Management and Disposal Service (PMDS) 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
Scope of subpart.

§ 5C-1.101

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 Cominissioner, Property Management and Disposal Service, and is established to provide all PMDS 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 PMDS 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 PMDS-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 conflict or when Chapter 5C contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§ 5C-1.104 Applicability.

Chapter 5C applies to all purchases and contracts made by PMDS for the procurement of personal property and nonpersonal services.

§ 5C-1.105 Exclusions.

(a) Certain PMDS procurement policies and procedures within the scope of this chapter may nevertheless be excluded from it when there is justification. 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.

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

(4) Policies or procedures pertaining to other functions of PMDS as well as to procurement functions where the issuance should be made availaible simultaneously to all PMDS 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 6 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 PMDS 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 PMDS procurement policies and procedures.

(b) GSPR Chapter 5C material published in the FEDERAL REGISTER Wwill be published in cumulative form in Chapter 5C of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5C). The FEDERAL REGISTER and Title 41 of the

Code of Federal Regulations may be pur-
chased from the Superintendent of
Documents, Government Printing Office,
Washington, D.C. 20402.

§ 5C-1.107 Arrangement.
§ 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 of this title.) 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 instances, reference must be made to the FPR and Chapter 5 for policy and procedure applicable throughout PMDS.