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CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION
Part 5A-1 5A-2 5A-3 5A-5 5A-6 5A-7 5A-8 5A-9 5A-10 5A-11 5A-12 5A-14 5A-16 5A-19 5A-26 5A-30 5A-53 5A-60 5A-71 5A-72 5A-73 5A-74 5A-76
Page 422 472 505 516 521 525 550 556 558 560 562 577 581 583 591 593 601 622 631 633 658 687 697
Sec. 5A-1.000 Scope of part.
5A-1.101 Scope of subpart. 5A-1.102 General Services Administration
Procurement Regulations (GSPR). 5A-1.103 Relationship of GSPR Chapter
5A to the FPR. 5A-1.104 Applicability. 5A-1.105 Exclusions. 5A-1.106 Method of issuance. 5A-1.107 Arrangement. 5A-1.107-1 General plan. 5A-1.107-2 Numbering. 5A-1.107-3 Cross-references. 5A-1.108 Citation. 5A-1.109 Deviation.
Subpart 5A-1.2-Definition of Terms
5A-1.206 Head of the procuring activity. 5A-1.250 Procuring director.
Subpart 5A-1.3-General Policies
5A-1.304 Designation of solicitation open
ing time. 5A-1.305 Specifications. 5A-1.305-2 Exceptions to mandatory use of
Federal specifications. 5A-1.305-3 Deviations from Federal speci
fications. 5A-1.305-6 Military and departmental
specifications. 5A-1.305-50 Use and availability of specific
cations and standards. 5A-1.305-70 Processing waivers and devi.
ations. 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 pro
curements and small purchases. 5A-1.311 Priorities, allocations, and allot
ments. 5A-1.315 Use of liquidated damages provi
sions in procurement contracts. 5A-1.315-2 Policy. 5A-1.316 Time of delivery or performance. 5A-1.316-2 General. 5A-1.316-3 Factors to be considered. 5A-1.316-4 Terms. 5A-1.316-5 Time of delivery clauses. 5A-1.317 Noncollusive bids and proposals. 5A-1.318 Disputes clause.
Sec. 5A-1.318-1 Contracting officer's decision
under the Disputes clause. 5A-1.350 Advance notices of contract
award. 5A-1.352 Contract numbering. 5A-1.352-1 Contracts required to be num
bered. 5A-1.352-2 Numbering system. 5A-1.352-3 Numbering of small contracts. 5A-1.352-4 Contract Register. 5A-1.370 Warranties. 5A-1.370-1 General. 5A-1.370-2 Policy. 5A-1.370-3 Use of a warranty. 5A-1.370-4 Warranty clause for supply
contracts. 5A-1.370-5 Warranty statement in pur
chase orders. 5A-1.371 Notification of proposed substan
tial awards and awards involving con
gressional interest. 5A-1.372–5A-1.374 (Reserved) 5A-1.375 Forms for recommending
award(s). 5A-1.376 Options. 5A-1.376-1 Applicability. 5A-1.376-2 Exercise of options. Subpart 5A-1.4-Procurement Responsibility
and Authority 5A-1.402 Authority of contracting officers. 5A-1.402-70 General responsibility of con
tracting officers. 5A-1.402-71 Responsibility for assuring the
availability of funds. 5A-1.402-72 Applicable penal statutes. 5A-1.404 Selection, designation, and termi.
nation of designation of contracting offi
cers. 5A-1.404-2 Designation. 5A-1.404-3 Termination of appointment of
contracting officer. 5A-1.404-70 Contracting officers' repre
sentatives. 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
Inoligible Bidders 5A-1.602 Establishment and maintenance
of a list of concerns or individuals de
barred, suspended, or declared ineligible. 5A-1.604-1 Procedural requirements relat
ing 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 busi
Subpart 5A-1.12- Responsible Prospective
Contractors Sec. 5A-1.1205 Procedures for determining re
sponsibility of prospective contractors. 5A-1.1205-2 When information will be ob
tained. 5A-1.1205-4 Preaward surveys. 5A-1.1206 Subcontractor responsibility.
Sec. 5A-1.703-2 Protest regarding small busi
ness status. 5A-1.704 Agency program direction and op
erations. 5A-1.704-1 Program direction. 5A-1.704-2 Program operations. 5A-1.706 Procurement set-asides for small
business. 5A-1.706-1 General. 5A-1.706-5 Total set-asides. 5A-1.706-6 Partial set-asides. 5A-1.706-50 Documentation and review of
procurements not set-aside for small
business. 5A-1.706-51 Documentation and review of
small business set-aside determinations. 5A-1.708 Certificate of competency pro
gram. 5A-1.710 Subcontracting with small busi
Subpart 5A-1.13—Minority Business
Enterprises 5A-1.1310 Subcontracting with minority
business enterprises. 5A-1.1310-50 Minority Business Subcon
tracting Program. 5A-1.1310-51 Marketing, management, and
Subpart 5A-1.8—Labor Surplus Area Concorns
5A-1.804 Partial set-asides for labor sur
plus areas. 5A-1.804-1 General. 5A-1.804-2 Notice to bidders or offerors. 5A-1.804-3 Award procedures on the set
aside portion. 5A-1.807 Report on procurement in labor
Subpart 5A-1.18_Postaward Orientation of
Contractors 5A-1.1800 Scope of subpart. 5A-1.1803 Postaward orientation confer.
ences. 5A-1.1803-2 Initial action. 5A-1.1803-4 Participants. 5A-1.1803-5 Conference procedure. 5A-1.1805 Reports.
Subpart 5A-1.9-Reporting Possible Antitrust
5A-1.901 General. 5A-1.902 Documents to be transmitted.
Subpart 5A-1.10—Publicizing Procurement
Subpart 3A-1.50—Report 5A-1.5000 Scope of subpart. 5A-1.5001 Report on procurement by civil
ian executive agencies. 5A-1.5004 Synopses of proposed procure
ments. 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 Con
tracts Act. 5A-1.5071 Reporting possible antitrust vio
lations. 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. 5A-1.5083-2 Form. 5A-1.5083-3 Reports control. 5A-1.5083-4 Instructions.
5A-1.1003 Synopses of proposed procure
ments. 5A-1.1003-1 Department of Commerce
Synopses. 5A-1.1003-7 Preparation and transmittal. 5A-1.1003-70 Synopses of amendments to
solicitations for offers. 5A-1.1004 Synopses of contract awards. 5A-1.1004-1 Preparation and transmittal. 5A-1.1007 Responsibility for conformance
with synopsizing program.
Subpart 5A-1.11-Qualified Products
5A-1.1101 Procurement of qualified prod
ucts. 5A-1.1101-70 Solicitations. 5A-1.1101-71 Waiver of qualification re
Subpart 5A-1.54—Products or Services
Presented for Procurement Consideration 5A-1.5400 Scope of subpart. 5A-1.5401 Policy. 5A-1.5402 Definitions. 5A-1.5403 Initial referral of inquiries. 5A-1.5404 Processing of inquiries. 5A-1.5405 Processing of completed applica
Subpart 5A-1.70—Consumer Product plement Part 1-1 of the Federal ProInformation
curement Regulations (41 CFR 1-1).
(39 FR 800, Jan. 3, 1974) 5A-1.7001 Scope of subpart. 5A-1.7002 Applicability.
Subpart 5A-1.1 Introduction 5A-1.7003 Policy. 5A-1.7004 Method of soliciting informa
SOURCE: 39 FR 801, Jan. 3, 1974, unless tion.
otherwise noted. Subpart 5A-1.71-Criteria for Determining
$ 5A-1.101 Scope of subpart. Method of Supply
This subpart establishes Chapter 5A 5A-1.7101 General.
of the General Services Administra5A-1.7102 Definition of use point.
tion Procurement Regulations (41 5A-1.7103 Basic criteria. 5A-1.7104 Purchase for storage and issue.
CFR 5A) states its relationship to the
Federal 5A-1.7105 Consolidated purchase for direct
Procurement Regulations delivery.
(FPR), and sets forth other introduc5A-1.7106 Purchase through indefinite de
tory information. livery type contracts. 5A-1.7107 Local purchase.
8 5A-1.102 General Services Administra
tion Procurement Regulations (GSPR). Subpart 5A-1.72—Public Relations
(a) The General Services Adminis5A-1.7201 Visitors to procurement activi
tration Procurement Regulations ties.
(GSPR) are the GSA procurement
policies and procedures which, togethSubpart 5A-1.73—Preparation and Distribution er with the Federal Procurement Reg. of Contract Documents
ulations, govern GSA procurement 5A-1.7301 Purchase order forms.
practices. 5A-1.7301-1 General
(b) GSA procurement policies and 5A-1.7301-2 Related orders.
procedures applicable to the procure5A-1.7301-3 Purchase order numbering. ment of personal property and nonper5A-1.7302 Standard Form 33, Solicitation, sonal services, other than construcOffer, and Award.
tion, implementing and supplementing 5A-1.7303 Contracts.
the FPR, are prescribed by the Com5A-1.7304 Bills of lading.
missioner, FSS, in coordination with Subpart 5A-1.74-Control of Procurement
the Commissioner, ADTS, in GSPR Transactions
Chapter 5A, GSA procurement poli
cies and procedures applicable to the 5A-1.7401 Processing and control of requi- procurement of construction and relatsitions.
ed services, implementing and supple
menting the FPR, are prescribed by Subpart 5A-1.75—[Reserved)
the Commissioner, Public Buildings, in Subpart 5A-1.76—(Reserved)
GSPR Chapter 5B. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 $ 5A-1.103 Relationship of GSPR Chapter U.S.C. 485(c); and 41 CFR 5-1.101(c).
5A to the FPR. SOURCE: 32 FR 9402, June 30, 1967, unless (a) GSPR Chapter 5A implements otherwise noted.
and supplements the FPR and is part
of the Federal Procurement Regula$ 5A-1.000 Scope of part.
tions System. Material published in This part describes the method by the FPR (which has Government-wide which the General Services Adminis- applicability) becomes effective tration, Federal Supply Service (FSS), throughout GSA upon the effective in coordination with the Automated date of the particular FPR material. Data and Telecommunications Service Such material will generally not be re. (ADTS), implements and supplements peated, paraphrased, or otherwise rethe Federal Procurement Regulations stated in GSPR 5A. (41 CFR 1) and contains policies and (b) Implementing material is that procedures which implement and sup- which expands upon related FPR ma
(39 FR 801, Jan. 3, 1974, as amended at 40 FR 25450, June 16, 1975)
terial. Supplementing material is that for which there is no counterpart in the FPR.
(c) Material in Chapter 5A may devi. ate 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-1.106 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.
$ 5A-1.107-1 General plan.
Chapter 5A is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.
(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.
8 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.