Subpart 5-1.1—Introduction

§ 5-1.101 Scope of subpart.

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

§ 5-1.102 Purpose.

This subpart establishes the General Services Administration Procurement 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. § 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 ainendment. 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.

§ 5-1.105 Exclusions.

(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.

§ 5-1.107-2 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 GSFR 5 supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 69 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.

(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 responsible Central Office Service or Staff Office. 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 (APR).

(2) Deviations by GSA activities from the FPR in classes of cases may be approved only by the Administrator of General Services.

(3) Deviations by GSA activities from GSPR 5 in classes of cases may be approved only by the Assistant Administrator for Acquisition Policy (AP). 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.

Subpart 5-1.6-Debarred, Suspended, and Ineligible Bidders

SOURCE: 45 FR 15548, Mar. 11, 1980, unless otherwise noted.

§ 5-1.600 Scope of subpart.

This subpart, which implements and supplements Subpart 1-1.6, prescribes policies and procedures relating to

GSA's establishment of a list of debarred, suspended and ineligible concerns and individuals, and relating to concerns and individuals who are administratively debarred or suspended by GSA.

§ 5-1.602 GSA debarred, suspended, and ineligible bidders list.

The Office of Acquisition Policy (OAP) establishes and maintains a list of debarred, suspended, and ineligible concerns and individuals. This list is designated as the "GSA Debarred Bidders List," and its use is mandatory on all GSA procuring activities. OAP will arrange for its reproduction and distribution. Copies will be made available to those GSA officials and employees requiring access as determined by the head of each service, staff office, or Regional Administrator. Copies will be furnished to such officials and employees of other Federal agencies as may be designated by OAP.

§ 5-1.604-1 Procedural requirements relating to the imposition of administrative debarment.

(a) Investigation and documentation. (1) When a procuring activity becomes aware of acts, events or conditions which indicate the presence of criminal or fraudulent activity or abuse, the procuring activity, through the appropriate service commissioner, shall provide a report on such matters, together with all pertinent documentation, to the Office of Inspector General (OIG). The OIG, upon receipt of such report, or upon otherwise becoming aware of acts, events or conditions which may serve as the basis for debarment of a concern or individual from participation in Government contracting (see § 1-1.604(a)), shall conduct such investigation as is deemed necessary and, if appropriate, forward a report and recommendation, together with all pertinent documen tation, to OAP.

(2) When a procuring activity becomes aware of acts, events or conditions which may serve as the basis for debarment of a concern or individual from participation in Government contracting but which do not involve criminal or fraudulent activity or abuse, the procuring activity shall pre