Regulations (GSPR 5) which, together with the Federal Procurement Regulations, govern the procurement by GSA of personal property and nonpersonal services (including construction).

§ 5-1.103 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, except that exclusive authority within GSA for implementation and administration of Pub. L 89-306 has been delegated to the Assistant Administrator of Information Resources Manage

ment (k) by the Administrator of General Services.

[48 FR 12354, Mar. 24, 1983]

§ 5-1.104 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 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.

(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 codified in GSPR 5 at the earliest practicable date.

§ 5-1.106 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. Government Printing Office, Washington, DC 20402.

(c) GSPR 5 is issued in loose-leaf form on buff paper stock.

§ 5-1.107 Arrangement.

§ 5-1.107-1 General plan.

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

§ 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 89 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.

[44 FR 29668, May 22, 1979, as amended at 48 FR 12354, Mar. 24, 1983]

(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 procuring activity or Staff Office, except that deviation regarding the implementation and administration of Pub. L. 89306 may be approved only by the Assistant Administrator (k). The file shall disclose the nature of the deviation and the reasons for the action. A copy of the deviation approval and disclosure shall be furnished to the Office of Acquisition Policy (VR).

(2) Deviations by GSA activities from the FPR in classes of cases may be approved only by the Administrator of General Services, provided that requests for deviations regarding the implementation and administration of Public Law 80-306 shall be forwarded to and reviewed by the Assistant Administrator (K) (see also FPR § 11.009-3).

(3) Deviations by GSA activities from GSPR 5 in classes of cases may be approved only by the Assistant Administrator for Acquisition Policy (V), except that deviations regarding the implementation and administration of Pub. L 89-306 may be approved only by the Assistant Administrator (K). 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 the schedule, specifications, or on a continuation sheet, as appropriate.