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CHAPTER 5B-PUBLIC BUILDINGS SERVICE,

GENERAL SERVICES ADMINISTRATION

Part 5B-1 5B-2 5B-3 5B-4 5B-7 5B-8 5B-10 5B-12 5B-15 5B-16 5B-60 5B-63

General......
Procurement by formal advertising
Procurement by negotiation...............
Special types and methods of procurement
Contract clauses...............
Termination of contracts.
Bonds and insurance.
Labor...........
Contract cost principles and procedures ..........
Procurement forms
Disputes and appeals
Audits ....

Page 702 712 727 730 730 731 732 734 750 752 756 757

PART 5B-1-GENERAL

Sec. 5B-1.000 Scope of part.

Sec. 5B-1.607 General Services Administration

responsibility. 5B-1.607-51 Consolidated List of Current

Administrative Debarments by Execu

tive Agencies. 5B-1.607-52 Master index.

Subpart 5B-1.0—Introduction

Subpart 5B-1.7—Small Business Concerns

5B-1.001 Scope of subpart. 5B-1.002 Purpose. 5B-1.003 Authority. 5B-1.004 Applicability. 5B-1.005 Exclusions. 5B-1.006 Issuance. 5B-1.007 Arrangement. 5B-1.007-1 General plan. 5B-1.007-2 Numbering. 5B-1.007.3 Citation. 5B-1.009 Deviation.

Subpart 5B-1.3-General Policies

5B-1.700 General. 5B-1.702 Small business policies. 5B-1.704 Agency program direction and op

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

business. 5B-1.706-5 Total set-aside. Subpart 5B-1.12—Responsible Prospective

Contractors 5B-1.1203 Minimum standards for respon

sible prospective contractors. 5B-1.1204 Determination of responsibility

or nonresponsibility. 5B-1.1250 Performance records. 5B-1.1251 Review List of Bidders.

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

SOURCE: 40 FR 47110, Oct. 8, 1975, unless otherwise noted.

5B-1.305 Specifications. 5B-1.305.50 Use and availability of specifi

cations and standards. 5B-1.318 Disputes clause. 5B-1.318-1 Contracting officer's decision

under the Disputes clause.

Subpart 5B-1.5—Contingent Fees 5B-1.508 Enforcement. 5B-1.508-1 Failure or refusal to furnish

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

Standard Form 119.

Subpart 5B-1.6—Debarred, Suspended, and

Inoligible Bidders

5B-1.600 Scope of subpart. 5B-1.602 Establishment and maintenance

of a list of concerns or individuals de

barred, suspended, or declared ineligible. 5B-1.603 Treatment to be accorded firms

or individuals in debarred, suspended, or

ineligible status. 5B-1.604 Causes and conditions applicable

to determination of debarment by an ex

ecutive agency. 5B-1.604-1 Procedural requirements relat

ing to the imposition of debarment. 5B-1.605 Suspension of bidders. 5B-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. 5B-1.605-4 Notice of suspension. 5B-1.606 Agency procedure. 5B-1.606-51 Debarment by other agencies. 5B-1.606-52 Investigations. 5B-1.606-53 Hearings. 5B-1.606-54 Notice as to imposition of de

barment. 5B-1.606-55 Inquiries from debarred, sus

pended, or ineligible bidders.

8 5B-1.000 Scope of part.

This part contains policies and procedures and describes the method by which the Public Buildings Service implements and supplements the Federal Procurement Regulations (FPR) (Chapter 1 of Title 41, Code of Federal Regulations). This part supplements und implements Part 1-1 of the FPR and Subpart 1-18.1, both of which must be referred to.

Subpart 5B-1.0—Introduction 8 5B-1.001 Scope of subpart.

This subpart establishes Chapter 5B of the General Services Administration Procurement Regulations (41 CFR 5B), states its relationship to the Federal Procurement Regulations (FPR) and sets forth other introductory information. GSPR 5B implements and supplements the FPR (including part 1-18). Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

$ 5B-1.002 Purpose.

(3) Policies or procedures which are

effective on an experimental basis for The purpose of establishing Chapter

a reasonable period. 5B is to provide Public Buildings Serv

(4) Where speed of issuance is essenice (PBS) activities with additional

tial, numerous changes are required, uniform operating policies and proce

and all necessary changes cannot be dures applicable to the procurement

made promptly. of construction and other nonpersonal services.

g 5B-1.006 Issuance. $ 5B-1.003 Authority.

(a) All material included in GSPR

5B will be published in the FEDERAL This Chapter 5B of the General

REGISTER. Services Administration Procurement

(b) Chapter 5B material published in Regulations (GSPR) is prescribed by

the FEDERAL REGISTER will be pubthe Commissioner, Public Buildings

lished in cumulative form in Chapter Service.

5B of Title 41 of the Code of Federal $ 5B-1.004 Applicability.

Regulations (41 CFR 5B). The FEDER

AL REGISTER and Title 41 of the Code (a) Chapter 5B applies to all pur- of Federal Regulations may be purchases and contracts made by PBS for chased from the Superintendent of the procurement of construction, Documents, Government Printing building services, and other nonper- Office, Washington, D.C. 20402. sonal services.

(c) Chapter 5B is issued in looseleaf (b) Material in Chapter 5B imple- form on green paper stock for use by ments and supplements but does not

employees of PBS. deviate from the FPR unless a devi. ation has been authorized and explicit- $ 5B-1.007 Arrangement. ly referenced. (c) Note that the procurement of

8 5B-1.007-1 General plan. personal property is covered in GSPR (a) Chapter 5B is divided into parts, 5A, which must be consulted for such subparts, sections, subsections, and procurements.

further subdivisions as necessary. (d) Material published in the FPR (b) Together, the FPR (including (including Part 1-18) becomes effec- Part 1-18) and GSPR 5B constitute tive throughout PBS upon the date the system of policies and procedures specified in the issuing order. Such used by PBS in the procurement of material will not be repeated, para- design and construction and related phrased, or restated in Chapter 5B. services. The system has been orgaThe FPR, GSPR Chapter 5B, and ap- nized to facilitate the locating of inforplicable PBS handbooks must be re- mation on given subjects covered in viewed to obtain comprehensive cover- more than one of the regulations. The age of PBS-wide procurement policies regulation system is designed to be and procedures.

used as follows and it must be used in

this manner to gain the complete reg$ 5B-1.005 Exclusions.

ulatory picture. (a) Certain PBS procurement poli- (1) Locate the subject matter desired cies and procedures which come in the GSPR 5B. This material will be within the scope of this chapter never.. assigned part, subpart, and section theless may be excluded therefrom numbers corresponding to those in the when there is justification. These ex- FPR (including Part 1-18), unless clusions include the following catego- there is no corresponding material in

those regulations. (1) Subject matter which bears a se- (2) Consult next the regulations curity classification.

under the corresponding section num(2) Policies or procedures which are bers and in the following order: expected to be effective for a period of

(i) FPR, Part 1-18. less than six months.

(ii) FPR, generally.

ries:

(3) Follow citations through at each of Chapter 5B following the words of the levels above.

"General Services Administration Pro(4) If the subject matter is not dis- curement Regulations" and shall incussed in the GSPR 5B, locate it in clude an appropriate reference to "41 Part 1-18 of the FPR. Finally, if FPR CFR Part 1-18 is silent on the subject, refer (b) Any section of Chapter 5B, for directly to provisions in the FPR of purpose of brevity, may be informally general applicability.

identified as "GSPR” followed by the (5) Note that citations will not be section number. For example, this made to the sections that correspond paragraph could be identified in a in number at each level of the system. memorandum as “GSPR 5B-1.007Proper use of the system depends on 3(b)." automatic reference being made to (c) Within Chapter 5B, cross-referthose sections. Reference will be made

ences to the FPR (including Part 1-18) only to non-corresponding sections.

will be made in the same manner as

used within the FPR. 8 5B-1.007-2 Numbering.

Illustrations of cross-references to (a) Generally, the numbering system Part 1-18 of the FPR are: used in Chapter 5B conforms to that

(1) Part 1-18. of the FPR, including Part 1-18 there

(2) Subpart 1-18.3. of. Thus, a particular procurement

(3) Section 1-18.307. policy or procedure is identified by the

(d) Within Chapter 5B, cross-refersame number in the FPR, in FPR Part

ence to parts, subparts, and sections 1-18, and Chapter 5B, except that the

will be made in a manner generally first character of the number is either

similar to that used in making cross1, 1-18, or 5B, respectively.

references to the FPR. For example, (b) Where Chapter 5B implements a

this paragraph would be referenced as part, subpart, section or subsection of the FPR (including Part 1-18), the im

§ 5B-1.007-3(d). plementing part, subpart, section or

$ 5B-1.009 Deviation. subsection of Chapter 5B will be numbered (and captioned) to correspond to

(a) The term "deviation" as used in the FPR.

this Chapter 5B is defined in the same (c) Where Chapter 5B supplements

manner as in § 1-1.009.1. In order to the FPR (including Part 1-18) and

maintain uniformity to the greatest thus deals with subject matter not

extent feasible, deviations from the contained in the FPR, the numbers 50

FPR and GSPR 5B shall be kept to a through 89 will be assigned to the re

minimum. spective supplementing parts, sub- (b) Deviations by PBS from GSPR parts, sections, or subsections.

5B shall be controlled as follows: (d) Where the subject matter con- (1) Approval of any deviation affecttained in a part, subpart, section, or ing the programs and operations of subsection of the FPR (including Part two or more PBS offices will be made 1-18) requires no implementation, only by the Commissioner, PBS. In Chapter 5B will contain no corre- each instance the file shall disclose sponding part, subpart, section, or sub- the nature of the deviation and the section number. Thus, there may be reasons for such special action. gaps in the Chapter 5B series of part, (2) Approval of any deviation will be subpart, section or subsection num- made only by the appropriate Assistbers. Note that reference must be ant Commissioner, if the deviation made to FPR (including Part 1-18) does not affect the programs and opereven if material is discussed in GSPR ations of any other office of PBS. 5B.

(3) Requests for authority to deviate

from Chapter 5B shall be submitted to 8 5B-1.007-3 Citation.

the appropriate office of PBS, sup(a) Citation in formal documents, ported by statements adequate to dissuch as legal briefs, shall give the close fully the nature of the deviation number of the part, subpart, or section and the reasons for special action.

(4) The procedures of this 85B- cation or standard not normally avail1.009(b) (1) and (2) shall apply to both able from Business Service Centers, individual cases and classes of cases. the contracting officer shall arrange

(5) Deviations in classes of cases, au- with appropriate Business Service thorized under paragraphs (b) (1) and Centers, or otherwise, to make copies (2) of this section, will expire, unless available to bidders. The invitation or extended, 12 months from the date of requests shall state where copies of reapproval, unless sooner rescinded, quired specifications and standards without prejudice to any action taken can be obtained. thereunder.

(c) Except as otherwise authorized, $ 5B-1.318 Disputes clause. when a deviation from a Chapter 5B contract form provision is authorized,

8 5B-1.318-1 Contracting officer's decision physical change may not be made in under the Disputes clause. the printed form, but shall be made by

(a) The following paragraphs shall appropriate provision in the schedule,

be set forth in all contracting officer's specifications, or continuation sheet as

final decisions subject to the Disputes appropriate.

clause: (d) Deviations from the FPR shall be controlled as follows:

(1) This decision is made in accordance (1) Approval of any deviation by

with the Disputes clause and shall be final PBS activities from the FPR in indi

and conclusive as provided therein, unless a

written Notice of Appeal addressed to the vidual cases will be made only by the

Administrator of General Services is mailed Commissioner, PBS. In each instance

or otherwise furnished to the contracting the file shall disclose the nature of the officer. The Notice of Appeal, which is to be deviation and the reasons for such spe- signed by you as the contractor or by an atcial action, and a copy shall be fur- torney acting on your behalf, and which nished to the Federal Procurement may be in letter form, should indicate that Regulations Staff (AM).

an appeal is intended, should refer to this

decision and should identify the contract by (2) Approval of any deviation by PBS activities from the FPR in classes

number. The Notice of Appeal should in

clude a statement of reasons why the deci. of cases will be made only by the Ad- sion is considered to be erroneous. ministrator of General Services. Such

(2) In the event you desire to file an deviations may be extended, but other- appeal from this decision, there is enclosed wise will expire 12 months from the for your convenience, GSA Form 2465, date of approval, unless sooner re- Notice of Appeal, in triplicate, for complescinded, without prejudice to any

tion and signature. All the items of informaaction taken thereunder.

tion requested must be supplied. If sufficient space is not available on this form for

each item, please attach a supplemental Subpart 5B-1.3-General Policies

sheet or sheets. Also attached is an addi

tional copy of the form which should be $ 5B-1.305 Specifications.

completed and retained for your files. The

Notice of Appeal is to be signed personally $ 5B-1.305-50 Use and availability of by the appellant (the contractor making the specifications and standards.

appeal), by an officer of the appellant cor

poration or member of the appellant firm, (a) Standard references, e.g., Federal or by the contractor's duly authorized repSpecifications, documents, publica- resentative or attorney, and submitted in tions, shall be included by reference in triplicate to the contracting officer. invitations for bids and requests for (3) The Notice of Appeal must be mailed proposals, and shall be deemed to be or otherwise furnished to the contracting incorporated as fully as if printed and officer within 30 days from receipt of this bound with the contract documents.

decision or your appeal shall be considered

untimely. (b) Business Service Centers stock most Federal and Interim Federal (b) A contractor may initiate an Specifications and Standards for issue appeal from a final decision of the in limited quantities without charge. contracting officer by submitting a When an invitation for bids or re- completed GSA Form 2465, Notice of quests for proposals refer to a specifi- Appeal, as illustrated by $ 5B-16.950–

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