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CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION

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5A-71

5A-72

5A-73 Federal Supply Schedule Program

5A-74

Special purchase programs.........

5A-76

Exhibits......

5A-30 Contract financing ...............

5A-53 Contract administration...

Procurement of nonstock/nonschedule items...
Procurement of stock items..............

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30-104 0-79--28

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5A-1.306 Standards.

5A-1.307 Purchase descriptions. 5A-1.307-1 Applicability.

5A-1.307-4 Brand name products or equal. 5A-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 5A-1.307-6 Invitations for bids, "brand name or equal" descriptions. 5A-1.307-7 Bid

evaluation and award, "brand name or equal" descriptions. 5A-1.307-8 Procedure for negotiated procurements and small purchases. 5A-1.311 Priorities, allocations, and allotments.

5A-1.315 Use of liquidated damages provisions in procurement contracts. 5A-1.315-2 Policy.

5A-1.316 Time of delivery or performance.

5A-1.316-2

5A-1.316-3

5A-1.316-4

General.

Factors to be considered.

Terms.

5A-1.316-5 Time of delivery clauses.

5A-1.317 Noncollusive bids and proposals. 5A-1.318 Disputes clause.

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5A-1.450 Participation of legal counsel in the procurement process.

Subpart 5A-1.5—Contingent Fees 5A-1.507 Use of Standard Form 119. Subpart 5A-1.6—Debarred, Suspended, and Ineligible Bidders

5A-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible. 5A-1.604-1 Procedural requirements relating to the imposition of debarment. 5A-1.605 Suspension of bidders.

Subpart 5A-1.7—Small Business Concerns 5A-1.700 General.

5A-1.701-8 Class set-asides for small business concerns.

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Subpart 3A-1.50—Report

5A-1.5000 Scope of subpart.

5A-1.5001 Report on procurement by civilian executive agencies.

5A-1.5004 Synopses of proposed procurements.

5A-1.5005 Synopses of contract awards. 5A-1.5009 Report of identical bids.

5A-1.5010 Notice of award of contracts subject to the Walsh-Healey Public Contracts Act.

5A-1.5071 Reporting possible antitrust violations.

5A-1.5074 Report of vendor performance. 5A-1.5075 Contingent or other fees. 5A-1.5082 Aid to labor surplus areas. 5A-1.5083 Unordered contract guaranteed quantities.

5A-1.5083-1 Submission.

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plement Part 1-1 of the Federal Procurement Regulations (41 CFR 1-1). [39 FR 800, Jan. 3, 1974]

Subpart 5A-1.1 Introduction

SOURCE: 39 FR 801, Jan. 3, 1974, unless otherwise noted.

§ 5A-1.101 Scope of subpart.

This subpart establishes Chapter 5A of the General Services Administration Procurement Regulations (41 CFR 5A) states its relationship to the Federal Procurement Regulations (FPR), and sets forth other introductory information.

§ 5A-1.102 General Services Administration Procurement Regulations (GSPR). (a) The General Services Administration Procurement Regulations (GSPR) are the GSA procurement policies and procedures which, together with the Federal Procurement Regulations, govern GSA procurement practices.

(b) GSA procurement policies and procedures applicable to the procurement of personal property and nonpersonal services, other than construction, implementing and supplementing the FPR, are prescribed by the Commissioner, FSS, in coordination with the Commissioner, ADTS, in GSPR Chapter 5A, GSA procurement policies and procedures applicable to the procurement of construction and related services, implementing and supplementing the FPR, are prescribed by the Commissioner, Public Buildings, in GSPR Chapter 5B.

§ 5A-1.103 Relationship of GSPR Chapter 5A to the FPR.

(a) GSPR Chapter 5A implements and supplements the FPR and is part of the Federal Procurement Regulations System. Material published in the FPR (which has Government-wide applicability) becomes effective throughout GSA upon the effective date of the particular FPR material. Such material will generally not be repeated, paraphrased, or otherwise restated in GSPR 5A.

(b) Implementing material is that which expands upon related FPR ma

terial. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 5A may deviate from an FPR provision when a deviation (see § 5A-1.109) is explicitly authorized. Where Chapter 5A contains no material implementing the FPR, the FPR alone will govern.

§ 5A-1.104 Applicability.

Chapter 5A applies to all purchases and contracts made by the General Services Administration for the procurement of personal property and non-personal services (excluding construction, building service contracts, and space acquisition).

§ 5A-1.105 Exclusions.

(a) Certain procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom 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 and procedures which are effective on an experimental basis for a reasonable period;

(4) Policies or procedures pertaining to other functions of GSA as well as to procurement functions and where there is need to make the issuance available simultaneously to all employees concerned; and

(5) Where speed of issuance is essential, numerous changes are required, 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, shall be codified into Chapter 5A at the earliest practicable date, but in any event not later than 6 months from date of issuance.

(c) One copy of each locally issued procurement procedure shall be furnished to the General Services Administration, Federal Supply Service, (FPP), Washington, DC 20406.

[39 FR 801, Jan. 3, 1974, as amended at 40 FR 25450, June 16, 1975]

§ 5A-1.106 Method of issuance.

(a) All Chapter 5A material deemed necessary for business concerns and others interested, to understand GSA 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 GSA procurement policies and procedures.

(b) GSPR Chapter 5A material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5A of Title 41 of the Code of Federal Regulations (41 CFR 5A). The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.

(c) GSPR Chapter 5A is issued in looseleaf form on blue paper stock. § 5A-1.107 Arrangement.

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§ 5A-1.107-2 Numbering.

(a) The numbering system used in Chapter 5A conforms to the FPR System (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and Chapter 5A, except that the first digit of the number is either 1 (FPR) or 5A (GSPR).

(b) Where Chapter 5A implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of Chapter 5A will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where Chapter 5A supplements the FPR and thus deals with subject matter not contained in the FPR, numbers in the group 50 through 89 will be assigned to the respective supplementing parts, subparts, or sections.

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