501.103 Applicability. (a) The GSAR applies to all GSA contracts for property or services (including construction) for the use of the Federal Government through purchase or lease. (b) Part 570 of the GSAR contains policies and procedures on the acquisition of leasehold interests in real property. Parts 501, 502, 503, 505, 506, 517, 533, 552, 553, and Subparts 504.70, 507.1, 509.4, 515.1, 519.6, 519.7, 532.8 and 543.1 include policies and procedures which generally apply to all contracts including leases of read property. Other GSAR provisions do not apply to leases of real property unless a specific cross reference is made to the provision in Part 570. (c) The GSAR applies to the disposal of real and personal property only to the extent explicitly stated in specific GSAR provisions. The portions of Subpart 501.6 regarding the Contracting Officer Warranty Program and legal review and assistance, and Subpart 504.70 on the uniform procurement instrument identification system apply to the disposal of real or personal property. Subpart 509.4 regarding suspension and debarment of contractors is applicable to contracts for the disposal of personal property (see FPMR 101-45.6). (d) Regulations in the GSAR may deviate from the FAR when a deviation has been explicitly authorized. (See FAR Subpart 1.4 and GSAR Sub part 501.4.) When the GSAR does not contain a regulation that implements the FAR, the FAR alone will govern. [50 FR 10036, Mar. 13, 1985, and 50 FR 14244, Apr. 11, 1985, as amended at 53 FR 130, Jan. 5, 1988] 501.104 Issuance. 501.104-1 Publication and code arrangement. (a) The GSAR is published in: (1) The daily issue of the FEDERAL REGISTER, (2) cumulated form in the Code of Federal Regulations (CFR), and (3) a separate looseleaf edition on buff colored paper stock. (b) The GSAR is issued as Chapter 5 of Title 48, Code of Federal Regulations. (c) Each numbered unit or segment (e.g., part, subpart, section, etc.) begins with the CFR chapter number. 501.104-2 Arrangement of regulations. (a) General. The GSAR is divided into subchapters, parts, subparts, sections, subsections, and further subdivisions as necessary. (b) Numbering. (1) The numbering system used in GSAR conforms to the FAR System. (See FAR 1.104-2.) A particular policy or procedure is identified by the same number in both the FAR and GSAR except that the chapter number assigned to the FAR (Chapter 1) in not included in the FAR. (2) When the GSAR 5 implements a subchapter, part, subpart, section, or subsection of the FAR, the implementing subchapter, part, subpart, section, or subsection of GSAR is numbered (and captioned) to correspond to the FAR subchapter, part, subpart, section, or subsection. (3) When the GSAR 5 supplements the FAR and thus deals with subject matter not contained in the FAR, numbers beginning with 70 are assigned to the supplementing part, subpart, section, or subsection. (4) When the subject matter contained in the FAR subchapter, part, subpart, section, or subsection requires no implementation, the GSAR will not contain a corresponding subchapter, part, section, or subsection. This will -." result in some gaps in the GSAR series of subchapter, part, subpart, section or subsection numbers. In such cases, reference must be made to the FAR for applicable policies and procedures. (c) References and citations. (1) In the GSAR, cross-reference to the FAR are made in the same manner as in the FAR. (See FAR 1.104-2(c) for information on FAR numbering.) (2) This regulation may be referred to as the General Services Administration Acquisition Regulation or the GSAR. (3) Using the GSAR coverage at 509.106-4(d) as an example reference to the (i) Part would be "GSAR Part 509" outside the GSAR and "Part 509" within the GSAR. (ii) Subpart would be "GSAR subpart 509.1" outside the GSAR and "Subpart 509.1" within the GSAR. (iii) Section would be "GSAR 509.106" outside the GSAR and "509.106" within the GSAR. (iv) Subsection would be "GSAR 509.106-4" outside the GSAR and "509.106-4" within the GSAR. (v) Paragraph would be "GSAR 509.106-4(d)" outside the GSAR and "509.106-4(d)" within the GSAR. (vi) Reference to two or more sections, subsections, and/or paragraphs would be "GSAR 509.106, 509.106-4, and 509.106-4(d)" outside the GSAR and "509.106, 509.106-4, and 509.1064(d)" within the GSAR. (4) In formal documents, such as legal briefs, citations of GSAR material shall include an appropriate reference to Title 48 of the Code of Federal Regulations; e.g., "48 CFR [49 FR 10792, Mar. 22, 1984, as amended at 50 FR 2284, Jan. 16, 1985] 501.104-3 Copies. Copies of the GSAR in the Code of Federal Regulations form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC 20402. 501.105 OMB approval under the Paperwork Reduction Act. The Paperwork Reduction Act of 1980 (Pub. L. 96-511) imposes a requirement on Federal agencies to obtain approval from the Office of 501.170-2 Exclusions. Certain GSA procurement policies and procedures which would otherwise fall within the scope of this GSAR may be excluded when justified. These exclusions may include the following categories: (a) Subject matter that bears a security classification. (b) Policies or procedures that are expected to be effective for a period of less than 6 months. (c) Policies or procedures that are expected to be effective on an experimental basis for a reasonable period. (d) Policies and procedures pertaining to other functions of GSA as well as to procurements functions, and for which there is need to make the directive available simultaneously to all GSA employees concerned. 501.170-3 Amendments. The GSAR may be amended from time to time by the Associate Administrator for Acquisition Policy, with appropriate concurrences from other GSA officials (e.g., counsel and any other appropriate offices). [53 FR 131, Jan. 5, 1988] 501.170-4 Acquisition circulars. (a) Acquisition Circulars (AC) may be issued by the Associate Administrator for Acquisition Policy as often as may be necessary to provide coverage on an interim basis, pending subse quent incorporation of material in this regulation by amendment. The use of Acquisition Circulars to supplement the GSAR is appropriate when speed of issuance is essential, numerous changes are required and all necessary changes cannot be made promptly. Acquisition Circulars will be considered canceled after one year and therefore must be incorporated in the GSAR within this time period. (b) Acquisition Circulars will be identified by the prefix "AC" followed by the last two digits of the calendar year in which issued and will be numbered consecutively. For example, the first circular issued in calendar year 1984 will be identified as AC-84-1. [49 FR 10792, Mar. 22, 1984, as amended at 53 FR 131, Jan. 5, 1988; 53 FR 1540, Jan. 20, 1988] 501.171 Other GSA publications. 501.171-1 GSA orders and handbooks. Internal agency guidance, as described in the FAR, should be issued in the form of a GSA order or handbook. "Internal agency guidance" is defined as designations and delegations of authority, assignments of delegations of authority, assignments of responsibility, work-flow procedures, internal reporting requirements, detailed operating procedures, etc. GSA orders and handbooks must not unnecessarily repeat, paraphrase, or otherwise restate the FAR and GSAR. GSA orders and handbooks dealing with acquisition may be issued by the heads of contracing activities or their designees. Policies and procedures for drafting, formatting, and numbering GSA Orders and handbooks are contained in the handbook, Writing GSA Internal Directives (OAD P 1832.3). [53 FR 131, Jan. 5, 1988] 501.171-2 Acquisition letters (AL). (a) Acquisition Letters may be issued as often as may be necessary to provide coverage on an interim basis, pending subsequent incorporation of material in GSA orders or handbooks. The use of Acquisition Letters to amend GSA Orders or handbooks is appropriate when speed of issuance is essential, numerous changes are re quired, and all necessary changes cannot be made promptly. Acquisition Letters will be considered canceled after one year and therefore must be incorporated into the applicable order or handbook within that time period. (b) The Associate Administrator for Acquisition Policy, and heads of contracting activities or their designees may issue Acquisition Letters. No more than two officials within a contracting activity, as appropriate, may be designated to issue Acquisition Letters. (c) The Associate Administrator for Acquisition Policy or a designee must coordinate ALS with the heads of central office contracting activities, counsel, and the Inspector General. The heads of central office contracting activities or their designees must coordinate ALS with the Office of Acquisition Policy, counsel and the Inspector General. Regional offices must coordinate ALS with the regional counsel, and the regional Acquisition Management Staff (RAMS). When time permits, regional offices should also coordinate ALS with their Central Office counterpart and the Office of Acquisition Policy. (d) ALs must be identified by a number that is to be assigned by the issuing activity. The number must begin with the correspondence symbol of the issuing office, must be followed by the last two digits of the calendar year in which it is issued and must be numbered consecutively beginning with 1. For example, the number of the first letter issued by the Commissioner, Public Buildings Service, in calendar year 1984 will be P-84-1. If the Commissioner, PBS, authorized the Assistant Commissioner for the Office of Procurement (PP) and the Assistant Commissioner for the Office of Real Property Development (PQ) to issue ALs on his behalf, the ALS would be numbered PP-84-1 and PQ-84-1 respectively. If the Commissioner authorizes the Assistant Commissioners to issue ALs on his behalf, but elects to sign a particular letter, the AL letter should be numbered using the correspondence symbol of the office that prepared the AL. Regional numbers will be preceded by the region number. (e) ALs must conform to the format for instructional letters outlined in Appendix D of the Writing GSA Internal Directives Handbook (OAD P 1832.3). In addition, each AL must be numbered, dated, and include a subject line that cites the order or handbook reference. The body of the AL should contain the following paragraphs, as appropriate: (1) Purpose. (2) Background. (4) Termination date. (6) Applicability (offices to which AL is applicable). (7) Reference to regulations (FAR or GSAR), handbooks or orders. (8) Instructions/procedures. (f) ALs issued by the heads of Central Office contracting activities must be signed by the head of the contracting activity or a designee. (g) ALs may be printed on colored paper in accordance with the following color designations: Blue-Office of Acquisition Policy ment Service Resources Manage 501.403 Individual deviations. (a) Deviations by GSA activities from the GSAR or the FAR in individual cases must be approved by the head of the contracting activity. The file must disclose the nature of the deviation and the reasons for the action. A copy of the deviation approval must be furnished to the Office of Acquisition Policy (V). (b) The deviation procedure must not be used to defeat the approval requirements contained in the FAR and GSAR. [53 FR 132, Jan. 5, 1988] (a) The Assistant Administrator for Acquisition Policy is the Procurement Executive for GSA and is responsible for: (1) Managment direction of the procurement system of the agency, including implementation of the unique procurement policies, regulations and standards of the agency; (2) Developing and maintaining a procurement career management program to ensure an adequate professional workforce; and (3) Delegating contracting officer authority in accordance with the Contracting Officer Warrant Program. (b) Heads of contracting activities (HCA) (see GSAR 502.1) have unlimited contracting authority which may not be redelegated and are responsible for: (1) Implementing and maintaining an effective and efficient program for the procurement of personal property and non-personal services (including |