project, shall be submitted by the contractor prior to using apprentices on the project.

(b) Whenever the payrolls indicate that a contractor has classified employees as apprentices without complying with the foregoing requirements, the contractor shall be required to pay such employees at the journeymen's rates applicable to the classification of work they actually performed.

(c) Any bona fide apprentices employed in excess of the allowable ratio, I will be entitled to journeymen's rates for each day of disproportionate employment on the project. Allowances should be made for journeymen absenteeism due to circumstances beyond the control of the contractor.

(d) Apprentice employment data must be furnished with the first payroll on which each apprentice appears. The payroll must show the period of training and approved wage rate of each apprentice employed.

Sec.

PART 5B-16-PROCUREMENT FORMS

Subpart 5B-16.9-Illustrations of Forms

5B-16.901-19 Standard Form 19 (GSA Over

print-June 1966); Invitation, Bid, and Award (Construction, Alteration or Repair). 5B-16.901-19-B Standard Form 19-B (GSA Overprint-June 1966); Representations and Certifications (Construction Contract).

5B-16.901-20 Standard Form 20

(GSA

Overprint-February 1967); Invitation for Bids (Construction Contract). 5B-16.901-21 Standard Form 21 (GSA Overprint-June 1966); Bid Form (Construction Contract).

5B-16.950-618A (FL) GSA Form 618A(FL): Form letter for informing contractor of labor standards provisions (May 1968). 5B-16.950-618D GSA Form 618D: Statement

To Be Submitted When Work Is Performed Personally (March 1959). 5B-16.950-1015 GSA Form 1015, Instruc

tions to Contractors (Construction Contracts) Data Required to Substantiate Causes of Delays in Completion of Contracts (March 1967). 5B-16.950-1083 GSA Form 1083, Section 3, Applicable Minimum Hourly Rates of Wages (November 1953). 5B-16.950-1083A

GSA Form 1083A, Section

2, Applicable Minimum Hourly Rates of Wages (June 1960).

5B-16.950-1085 GSA Form 1085, Wage Rate Schedule (January 1965).

Sec.

5B-16.950-1137

GSA Form 1137: Request, Proposal, and Acceptance Covering Construction Contract Modification (December 1965).

5B-16.950-1139 GSA Form 1139: Section 0010, General Conditions (April 1968). 5B-16.950-1467 GSA Form 1467, Invitation, Bid, and Award (Contract for Building Services). 5B-16.950-1467A

GSA Form 1467A, Bidding Instructions, Terms, and Conditions (Contract for Building Services). 5B-16.950-1468 GSA Form 1468, General Provisions (Contract for Building Services). 5B-16.950-1735 GSA Form 1735, Information Regarding Buy American Act (July 1961). 5B-16.950-1747 GSA Form 1747, Amendment to Bid Documents (Construction Contract) (February 1967).

5B-16.950-1903 GSA Form 1903, Notice to Bidder (Construction Contract) (January 1965).

5B-16.950-2056 GSA Form 2056, Preinvitation Notice (Construction Contract) (February 1967).

5B-16.950-2402 (FL) GSA Form 2402 (FL): Form letter for notifying contractor of action taken on shop drawing submittals (April 1968).

5B-16.950-2417(FL)

GSA Form 2417(FL):

Notice to Proceed (May 1968). 5B-16.950-2419 GSA Form 2419: Certification of Payment to Subcontractors and Suppliers (May 1968).

5B-16.950-2428 GSA Form 2428: Request for Authorization of Additional Classification(s), Rate(s), and Fringe Benefit (s) (June 1968).

Subpart 5B-16.70-Forms for Building Service

Contracts

5B-16.7000 Scope of subpart. 5B-16.7001 Forms prescribed. 5B-16.7002 Optional use.

AUTHORITY: The provisions of this Part 5B16 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486 (c); 41 CFR 5-1.101 (c).

Subpart 5B-16.9-Illustrations of Forms

SOURCE: The provisions of this Subpart 5B-16.9 appear at 28 F.R. 5458, June 4, 1963, as amended at 32 F.R. 5361, Mar. 30, 1967; 32 F.R. 12720, Sept. 2, 1967, unless otherwise noted.

NOTE: Copies of the forms are filled with the originals and are available from the Business Service Center in any regional office of the General Services Administration.

Subpart 5B-16.70-Forms for Building Service Contracts

SOURCE: The provisions of this Subpart 5B-16.70 appear at 31 F.R. 2600, Feb. 10, 1966, unless otherwise noted.

§ 5B-16.7000 Scope of subpart.

This subpart sets forth forms for use in procuring building services. Such forms are illustrated in Subpart 5B-16.9 of this part.

§ 5B-16.7001 Forms prescribed.

The following GSA forms are prescribed for use in procuring building services.

(a) GSA Form 1467, December 1966 edition, Invitation, Bid, and Award (Contract for Building Services).

(b) GSA Form 1467A, December 1966 edition, Bidding Instructions, Terms, and Conditions (Contract for Building Services).

(c) GSA Form 1468, February 1967 edition, General Provisions (Contract for Building Services).

[32 F.R. 5365, Mar. 30, 1967]

§ 5B-16.7002 Optional use.

While the forms described in this Subpart 5B-16.70 are used in procuring building services by formal advertising, they may also be used for negotiated contracts if appropriate changes are made. For example, the reference to sealed bids and public opening may be lined out and appropriate wording substituted.

PART 5B-53-CONTRACT
ADMINISTRATION

Subpart 5B-53.70—Administration of
Fixed-Price Construction Contracts

Sec. 5B-53.7010 5B-53.7010-3

Subcontractors.

Circumstances

permitting substitution for subcontractor named in bid.

AUTHORITY: The provisions of this subpart 5B-53.70 issued under sec. 205(c); 63 Stat. 390; 40 U.S.C. 486 (c).

SOURCE: The provisions of this subpart 5B-53.70 appear at 33 F.R. 16642, Nov. 15, 1968, unless otherwise noted.

§ 5B-53.7010 Subcontractors. § 5B-53.7010-3 Circumstances permitting substitution for subcontractor named in bid.

(a) The contracting officer may permit substitution of a subcontractor for one named in a bid pursuant to the Listing of Subcontractors provision prescribed in § 5B-2.202-70(e), in unusual situations, upon submission by the contractor or bidder of a complete justification therefor. The term "unusual situa

tions" includes (but is not limited to) a subcontractor's:

(1) Death or physical disability, if the named subcontractor is an individual; (2) Dissolution, if a corporation or partnership;

(3) Bankruptcy;

(4) Inability to furnish a reasonable performance and payment bond;

(5) Inability to obtain, or loss of, a license necessary for the performance of the particular category of work;

(6) Failure or inability to comply with a requirement of law applicable to contractors, subcontractors, or construction, alteration, or repair projects;

(7) Failure or refusal to execute the subcontract in accordance with the terms of an offer submitted to the contractor or bidder prior to the latter's submission of his bid, but only where the contracting officer can ascertain with reasonable certainty the terms of such offer. In the absence of any other factors, such a failure or refusal will be considered an unusual situation only if the bidder obtained, prior to bidding, an enforceable commitment from the subcontractor involved;

(8) Failure to meet any criteria of responsibility set out in § 1-1.310-5, but only when the contracting officer, in the exercise of sound discretion, finds that substitution for this cause would be in the best interests of the Government (i.e., that it would not be prejudicial to the rights of other bidders and that the contractor or bidder has not attempted to circumvent the restraint on bid shopping by listing a nonresponsible subcontractor in order to gain an opportunity to bid shop prior to making the requested substitution); or

(9) Failure to meet the qualifications requirements of an applicable Specialist or Competency of Bidder clause, but only when the contracting officer, in the exercise of sound discretion, after discussion with the contractor or bidder and, if appropriate, the named subcontractor, finds that substitution for this cause would be in the best interests of the Government as specified in § 5B-53.7010-3 (a) (8).

(b) Where the contracting officer ascertains that a proposed substitution is justified, the substitution shall be authorized at no increase in the bid or contract price or, if the proposed substitute offers the contractor or bidder a lower price than the named subcontractor, at a reduction in the bid or contract price.

procedures applicable to the procurement of personal property and nonpersonal services.

§ 5C-1.103 Relationship of Chapter 5C to the FPR and Chapter 5, GSPR.

(a) Chapter 5C implements and supplements the FPR and Chapter 5, GSPR. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or Chapter 5.

(b) Material published in the FPR or Chapter 5 becomes effective throughout DMS upon the effective date of the particular FPR or Chatper 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5C. Therefore, all three must be consulted to obtain comprehensive coverage of DMS-wide procurement operating policies and procedures.

(c) Material in Chapter 5C implements and supplements but does not supersede the FPR or Chapter 5, unless a deviation has been authorized and the deviation is explicitly referenced. In cases of other conflict or when Chapter 5C contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§ 5C-1.104 Applicability.

Chapter 5C applies to all purchases and contracts made by DMS for the procurement of personal property and nonpersonal services.

§ 5C-1.105 Exclusions.

(a) Certain DMS procurement policies and procedures within the scope of this chapter may nevertheless be excluded from it 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 six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of DMS as well as to procurement functions where the issuance should be made available simultaneously to all DMS employees concerned.

(5) Where speed of issuance is essential and numerous changes are required in Chapter 5C, which 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 into Chapter 5C at the earliest practicable date, but in any event not later than six months from date of issuance. § 5C-1.106 Method of issuance.

(a) All Chapter 5C material deemed necessary to enable business concerns, and others interested, to understand DMS 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 DMS procurement policies and procedures.

(b) GSPR Chapter 5C material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5C of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5C). The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

§ 5C-1.107 Arrangement.

§ 5C-1.107-1 General plan.

Chapter 5C is divided into parts, subparts, sections, subsections, and further subdivisions as required.

§ 5C-1.107-2 Numbering.

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

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

(c) Where Chapter 5C supplements the FPR or Chapter 5 and thus deals with subject matter not contained in the FPR or Chapter 5, the numbers in the group 70 through 89 will be assigned to the respective supplementing parts, subparts, sections, or subsections.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR or Chapter 5 requires no implementation, Chapter 5C will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5C series of part, subpart, section, or subsection numbers. In such cases, reference must be made to the FPR and Chapter 5 for policy and procedure applicable throughout DMS.

§ 5C-1.107-3 Cross-references.

(a) Within Chapter 5C, cross-references to the FPR and Chapter 5 will be made in the same manner as used within the FPR. Illustrations of cross-references to Chapter 5 are:

(1) Part 5-3.

(2) Subpart 5-3.1.

(3) 5-3.413-5.

(b) Within Chapter 5C, cross-references to parts, subparts, and sections will be made in a manner generally similar to that used in making cross-references to the FPR. For example, this paragraph would be referenced as "§ 5C1.107-3(b)."

§ 5C-1.108 Citation.

(a) Citation in formal documents, such as legal briefs, shall give the number of the part, subpart, or section of Chapter 5C, following the words "General Services Administration Procurement Regulations" and shall include an appropriate reference to "41 CFR where the material has been published in the FEDERAL REGISTER.

(2) Requests for authority to deviate from Chapter 5C shall be submitted to the Commissioner, DMS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(3) Deviations authorized under subparagraph (1), above, will expire, unless extended, 12 months after the date of approval, or unless sooner rescinded, all without prejudice to any action taken thereunder.

(c) Except as otherwise authorized, when a deviation from a Chapter 5C contract form provision is authorized, physical change may not be made in the printed form, but shall be made by appropriate provision in the schedule specification, or continuation sheet appropriate.

as

§ 5C-1.310-6 Determination of responsibility.

DMS contracting activities shall notify each bidder determined not to be responsible, by letter, signed by the contracting officer, after clearance with the Director or Deputy Director, Materials Division, or the Director, Industrial Equipment Division, or the Director, Emergency Programs Division, and legal counsel as appropriate, of the reasons for rejecting his bid.

§ 5C-1.315 Use of liquidated damages provisions in procurement contracts.

§ 5C-1.315-2 Policy.

A liquidated damages provision shall not be used in supply or service contracts without the prior approval of the Director or Deputy Director, Materials Division, DMS.

Maintenance of bidders mailing lists.