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Agriculture. All necessary information concerning appeals, including contents of notice of appeal, filing requirements, and receipt and transmittal requirements for the contracting officer, is set forth in Title 7, Code of Federal Regulations, Part 24. (See § 4-52.506 of this chapter.) [33 FR 17917, Dec. 3, 1968, as amended at 42 FR 31454, June 21, 1977)

priate places, or direct quotations from the exhibits may be included if necessary for clarity or emphasis.

(C) Analysis. Each issue raised by the contractor must be weighed against the contract requirements and the facts. The results of this analysis constitute the contracting officer's finding on the claim.

Decision of the Contracting Officer. Each analysis of the issues is the basis for a respective portion of the decision. If neither additional payment or performance is allowed, so indicate. If additional payment and/or performance time is allowed, itemize the basis therefor and show the totals for the entire claim. Conclude the decision with the following paragraph as required by $ 11.318:

“This decision is made in accordance with the Disputes clause and shall be final and conclusive as provided therein, unless, within thirty days from the date of receipt of this decision, a written notice of appeal addressed to the Secretary of Agriculture is mailed or otherwise furnished to the Contracting Officer. The notice of appeal, which is to be designed 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 may include a statement of the reasons why the decision is considered to be erroneous."

8 4-50.202 Board of Contract Appeals.

The organization, functions, and rules of procedure of the Board of Contract Appeals, Department of Ag. riculture, are set forth in Title 7, Code of Federal Regulations, Part 24. (See § 4-52.506.) (39 FR 44203, Dec. 23, 1974. Redesignated at 42 FR 31454, June 21, 1977)

8 4-50.203 Request by contracting officer

for hearing. If a hearing is not requested by the contractor, the contracting officer may request that a hearing be held by forwarding such a request in writing to the Board.

[33 FR 17917, Dec. 3, 1968. Redesignated at 42 FR 31454, June 21, 1977)

8 4-50.105 Record of evidence to be main

tained. The contracting officer shall maintain a complete record of the evidence upon which his decision is based.

Subpart 4-50.2-Contract Appeals

8 4-50.201 General.

(a) Appeals may be taken from decisions of contracting officers of the Department involving disputed questions of fact under contracts, the terms of which provide that such appeals may be made.

(b) Such appeals shall be taken by mailing or otherwise furnishing to the contracting officer a written notice of appeal addressed to the Secretary of

8 4-50.204 Releases to contractors.

It is not standard procedure in the usual contracting operations of this Department to execute final releases to the contractors upon conclusion of contracts. However, in any case where such a release or other contractual instrument waiving the Government's right to further claims is to be executed as a result of a decision of a Board of Contract Appeals, there shall be included a statement as follows: This document is not binding if later found to be in violation of the standards set forth in the Wunderlich Act. (41 U.S.C. 321). (33 FR 17917, Dec. 3, 1968. Redesignated and amended at 42 FR 31454, June 21, 1977)



Part 5-1 5-2 5-3 5-4 5-5 5-6 5-7 5-8 5-9 5-10 5-11 5-12 5-14 5-16 5-18 5-19 5-26 5-30 5-53 5-60 5-63

Procurement by formal advertising
Procurement by negotiation .............
Special types and methods of procurement
Special and directed sources of supply ..........
Foreign purchases .......
Contract clauses.....
Termination of contracts .........
Patents, data, and copyrights.........
Bonds and insurance ............
Federal, State, and local taxes..

Inspection and acceptance .......
Procurement Forms
Procurement of Construction
Contract Modifications........
Contract Financing .......
Contract Administration
Contract appeals.........
Audits .....

Page 434 471 506 522 523 527 534 560 565 566 571 572 575 579 583 588 594 597 604 609 621

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5-1.400 Scope of subpart. 5-1.401 Responsibility of the head of the

procuring activity. 5-1.402 Authority of contracting officers. 5-1.402-70 General responsibility of con

tracting officers. 5-1.402-71 Responsibility for assuring the

availability of funds. 5-1.402-72 Applicable penal statute. 5-1.450 Legal review and assistance. 5-1.450-1 Applicability. 5-1.450-2 Definitions. 5-1.450-3 Responsibility. 5-1.450-4 Legal review. 5-1.450-5 Legal assistance. 5-1.450-6 Waivers.

5-1.206 Head of the procuring activity. 5-1.250 Procuring director.

Subpart 5-1.3—General Policies

Subpart 5-1.5—Contingent Fees 5-1.507 Use of Standard Form 119. 5-1.508 Enforcement. 5-1.508-1 Failure or refusal to furnish rep

resentation and agreement. 5-1.508-2 Failure or refusal to furnish

Standard Form 119. 5-1.508-3 Misrepresentations or violations

of the covenant against contingent fees.

Subpart 5-1.6-Debarred, Suspended, and

Ineligible Bidders

5-1.305 Specifications. 5-1.305-2 Exceptions to mandatory use of

Federal Specifications. 5-1.305-3 Deviations from Federal Specifi

cations. 5-1.305-4 Optional use of Interim Federal

Specifications. 5-1.305-50 Use and availability of specifica

tions and standards. 5-1.305-51 Processing waivers and devi

ations. 5-1.306 Standards. 5-1.307 Purchase descriptions. 5-1.307-1 Applicability. 5-1.307-4 Brand name products or equal. 5-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 5-1.307-6 Solicitations, “brand name or

equal" descriptions. 5-1.307-7 Offer evaluation and award,

“brand name or equal" descriptions. 5-1.316 Time of delivery or performance. 5-1.316-2 General. 5-1.316-3 Factors to be considered. 5-1.316-4 Terms. 5-1.317 Noncollusive offers and proposals. 5-1.319 Procurement of items using jewel

5-1.600 Scope of subpart. 5-1.602 GSA debarred, suspended, and in

bearings. 5-1.319-50 Deviation authority. 5-1.350 Advance notices of contract award. 5-1.352 Contract numbering. 5-1.352-1 Contracts required to be num

bered. 5-1.352-2 Numbering system. 5-1.352-3 Numbering of small contracts. 5-1.352-4 Contract Register. 5-1.370 Warranties. 5-1.370-1 General.

eligible bidders list. 5-1.603 Establishment and maintenance of

a list of debarred, suspended, or ineligi.

ble contractors and agency records. 5-1.603-1 Consolidated list of debarred,

suspended, and ineligible contractors. 5-1.603-2 Agency records. 5-1.604 Treatment to be accorded listed

contractors. 5-1.604-1 Procedural requirements relating

to the imposition of administrative de.

barment. 5-1.604-2 Review procedures. 5-1.604-3 Continuation of current contracts. 5-1.605 Procedural requirements relating

to the imposition of suspension. 5-1.605-1 Suspension pending the imposi.

tion of debarment.

Subpart 5-1.12—Responsible Prospective


Sec. 5-1.605-3 Procedures. 5-1.606 Suspension. 5-1.606-3 Procedures. 5-1.607 General Services Administration


Subpart 5-1.7—Small Business Concerns

5-1.1204 Determination of responsibility or

nonresponsibility 5-1.1205 Procedures for determining re

sponsibility or prospective contractors. 5-1.1205-2 When information will be ob

tained. 5-1.1205-4 Preaward surveys. 5-1.1206 Subcontractor responsibility. 5-1.1250 Performance records.

Subpart 5-1.16—Reports of Identical Offers

5-1.1603 Reporting requirements. 5-1.1603-3 Submission of reports.

Subpart 5-1.18—Postaward Orientation of



5-1.700 General. 5-1.701-8 Set-aside for small business. 5-1.703-2 Protest regarding small business

status. 5-1.704 Agency program direction and op

erations. 5-1.704-1 Program direction. 5-1.704-2 Program operations. 5-1.706 Procurement set-asides for small

business. 5-1.706-5 Total set-asides. 5-1.706-6 Partial set-asides. 5-1.706-50 Small business set-aside deter

minations. 5-1.706-51 Determinations not to set aside. 5-1.706-52 Change of status of unrestricted

or set-aside procurements. 5-1.710 Subcontracting with small business

concerns. 5-1.710-1 General. 5-1.710-50 Solicitation review. 5-1.710-51 Subcontracting plan review. 5-1.710-52 Copies of subcontracting plans. 5-1.710-53 Responsibility for notices. 5-1.713-60 Data concerning minority busi

ness enterprise matters.

5-1.1802 Policy. 5-1.1803 Postaward orientation

ences. 5-1.1803-2 Initial action. 5-1.1803-4 Participants. 5-1.1803-5 Conference procedure. 5-1.1805 Reports.

Subpart 5-1.72—Public Relations

5-1.7201 Visitors to procuring activities.

Subpart 5-1.73—Preparation and Distribution

of Contract Documents

Subpart 5-1.9-Reporting Possible Antitrust


5-1.7301 Purchase order forms.

AUTHORITY: Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)).

SOURCE: 44 FR 29668, May 22, 1979, unless otherwise noted.

5-1.901 General. 5-1.902 Documents to be transmitted.

Subpart 5-1.10—Publicizing Procurement


§ 5-1.000 Scope of part.

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

5-1.1003 Synopses of proposed procure

ments. 5-1.1003-1 Department of Commerce Syn

opses. 5-1.1003-7 Preparation and transmittal. 5-1.1003-70 Synopses of amendments to so

licitations for offers. 5-1.1004 Synopses of contract awards. 5-1.1004-1 Preparation and transmittal.

Subpart 5-1.1- Introduction

Subpart 5-1.11-Qualified Products

5-1.1101 Procurement of qualified prod

ucts. 5-1.1101-70 Solicitations. 5-1.1101-71 Wavier of qualification


§ 5-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the General Services Administration Procurement Regulations (GSPR 5). 85-1.102 Purpose.

This subpart establishes the General Services Administration Procurement


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