AUTHORITY: The provisions of this Part 5C-2 issued under sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101(c), 28 F.R. 4559, May 7, 1963.

SOURCE: The provisions of this Part 5C-2 appear at 28 F.R. 7837, Aug. 1, 1963.

Subpart 5C-2.2-Solicitation of Bids § 5C-2.205 Bidders mailing lists. § 5C-2.205-1 Establishment of lists.

When circumstances justify, suppliers may be listed in the absence of receipt of applications on the basis of information derived from records of previous purchases of similar requirements, trade directories, classified catalog files, trade journals, the classified sections of city directories or telephone directories, and listings of other Federal agencies.

§ 5C-2.205-2 Removal of names from

bidders mailing lists.

If any concern fails to respond to or acknowledge receipt of three successive bid invitations or solicitations for offers, its name may, in the discretion of the contracting officer, be removed from the bidders mailing list, and such concern shall be promptly notified in writing of the action taken.

Subpart 5C-2.4-Opening of Bids and Award of Contract

§ 5C-2.407 Award.

§ 5C-2.407-8 Protests against award.

When oral protests are received, the person making the protest shall be requested to submit the protest in writing, stating therein his interest in the matter. Any protest of award received shall be referred to the contracting officer for preparation of a reply and shall normally be processed as follows:

(a) Protests before award. When a protest is received prior to making an award, no award shall be made pending resolution of the protest, except where the items to be procured are urgently required or if it is otherwise in the best interests of the Government to do so; provided, however, that no awards under such circumstances shall be made without advice from the appropriate legal counsel and the approval of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate, or higher authority.

(b) Protests after award. When protests are received after award has been made, the contracting officer shall develop the facts in the case and prepare a reply to the protest in letter form for the signature of the Director of Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appro

mailing lists.

When a concern requests that its name be included in the general bidders mailing list without specifying the item or items in which it has an interest, it should be requested to identify the item or items which it is prepared to furnish to the Government. If the concern accedes to such request, its name should be placed upon the bidders mailing list for each item so identified; but if it fails or refuses so to do, its name shall nevertheless be included in the general bidders mailing list.

§ 5C-2.205-71 Maintenance of bidders mailing lists.

Each procuring activity shall assure the efficient maintenance of bidders mailing lists on a current basis by careful and continuous review and revision of such lists.

in by legal counsel.

prevailing at the time of negotiation. Oral commitments are essential in this type of procurement because of rapid price fluctuations ocurring in the worldwide marketing and distribution system peculiar to these commodities.

(b) The contracting officer shall arrange immediately to reduce each such oral commitment to writing, using approved GSA forms.

(Sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); 41 CFR 5-1.101 (c), 28 F.R. 4559, May 7, 1963.) [28 F.R. 7837, Aug. 1, 1963]

PART 5C-6-FOREIGN PURCHASES

Subpart 5C-6.70-Commodity
Contracts

Sec.
5C-6.7001 Use of American Flag vessels.
5C-6.7002 Restrictive Charter clause.

AUTHORITY: The provisions of this Part 5C-6 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101 (c), 28 F.R. 4559, May 7, 1963, except as otherwise noted.

SOURCE: The provisions of this Subpart 5C-6.70 appear at 28 F.R. 7838, Aug. 1, 1963.

§ 5C-6.7001 Use of American Flag vessels.

All DMS contracts for the procurement of commodities which are to be transported on ocean vessels shall contain the following provisions:

USE OF AMERICAN FLAG VESSELS

Any materials, commodities or equipment required under this contract which are to be transported on ocean vessels shall be transported in accordance with the provisions of Section 901(b) of the Merchant Marine Act, 1936, as amended (68 Stat. 832, 46 U.S.C. 1241-1246).

(Implements sec. 901(b), 68 Stat. 832; 46 U.S.C. 1241-1246)

§ 5C-6.7002 Restrictive Charter clause.

All DMS contracts for the procurement of commodities which are to be transported on ocean vessels shall contain the following Restrictive Charter clause:

RESTRICTIVE CHARTER CLAUSE

(a) The Contractor agrees to include the following Restrictive Charter clause in any charter party agreement entered into by it for the transportation on foreign flag vessels of the material purchased hereunder:

"The vessel will not enter any Communist Far East Port until after sixty days from the date of completion of discharge of the entire cargo under this charter. In the event of failure to comply with said agreement, twenty-five percent of the freight charges

for ocean transportation hereunder will not be earned. Twenty-five percent of the freight charges payable hereunder will be withheld by the charterer until the owner or his authorized agent submits evidence satisfactory to the charterer that the vessel has not entered any Communist Far East Port until after the expiration of the sixtyday period following such discharge under the charter, and in the absence of such evidence, the withheld portion of the charges will not be paid."

The Contractor further agrees to notify the vessel owner, or his authorized agent, that in the event of violation of the provisions of said clause all vessels of the owner may be barred from further chartering for the transportation of cargoes owned by or destined for the Government of the United States of America.

(b) Promptly after expiration of the sixtyday period provided in the Restrictive Charter clause stated in paragraph (a), above, the Contractor, on the basis of the evidence furnished it by the vessel owner or his authorized agent, shall determine whether the vessel has complied with the above Restrictive Charter clause. If the Contractor determines that the Restrictive Charter clause has been complied with, the Contractor shall pay to the owner of the vessel or his authorized agent the aforesaid withheld twentyfive percent. If the Contractor determines that said Restrictive Charter clause has not been complied with, the Contractor shall notify the owner of the vessel or his authorized agent of such determination of violation of the clause and shall afford said owner or his authorized agent thirty (30) days within which to furnish to the Contractor any additional evidence which will show to the satisfaction of the Contractor that the Restrictive Charter clause has not been violated. During said thirty-day period the Contractor shall continue to withhold the aforesaid twenty-five percent of the freight charges. If upon the expiration of said thirty-day period the owner of the vessel or his authorized agent has not established proof satisfactory to the Contractor of compliance with said Restrictive Charter clause, the Contractor shall advise the owner of the vessel or his authorized agent of such final determination and shall thereafter promptly pay to the Government the full amount of the freight charges withheld by the Contractor pursuant to the aforesaid Restrictive Charter clause.

(c) Promptly after expiration of the sixtyday period provided in the above-stated Restrictive Charter clause, the Contractor shall furnish the Contracting Officer with a complete statement of the evidence submitted to it by the owner of the vessel or his authorized agent pursuant to the provisions of the above Restrictive Charter clause on which the Contractor has based its determination that there has been compliance or noncompliance with said Restrictive Charter clause.

day period provided in said clause, the Contractor shall be indebted to and shall pay the Government in full amount of said withheld twenty-five percent of the freight charges. Conversely, if at any time after the Contractor has finally determined that there has been noncompliance with the Restrictive Charter clause and has paid the withheld twenty-five percent of the freight charges to the Government pursuant to paragraph (b) of this Article, it should be conclusively established that the vessel in question did not in fact enter a Communist Far East Port before expiration of the sixty-day period provided in the Restrictive Charter clause, the Government shall reimburse the Contractor with the full amount of the twenty-five percent of freight charges withheld by the Contractor from the vessel owner.

Sec.

5D-1.000

5D-1.101

5D-1.102

5D-1.103

5D-1.104

5D-1.105

5D-1.106

5D-1.107

PART 5D-1-GENERAL

Scope of part.

Subpart 5D-1.1-Introduction

Scope of subpart.
Establishment of Chapter 5D,
General Services Administra-
tion Procurement Regula-
tions.

Relationship of Chapter 5D to
the FPR and Chapter 5, GSPR.

Applicability.

Exclusions.

Method of issuance.

Arrangement.

5D-1.107-1 General plan.

5D-1.107-2 Numbering.

5D-1.107-3 Cross-references. 5D-1.108 Citation.

5D-1.109 Deviations.

AUTHORITY: The provisions of this Part 5D-1 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101 (c), 28 F.R. 4559, May 7, 1963.

SOURCE: The provisions of this Part 5D-1 appear at 28 F.R. 8406, Aug. 16, 1963.

§ 5D-1.000 Scope of part.

This part describes the method by which the Transportation and Communications Service implements and supplements the Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSAwide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations (GSPR)). In addition, it contains policies and procedures which implement and supplement Chapter 1 and Chapter 5.

Subpart 5D-1.1-Introduction

§ 5D-1.101 Scope of subpart.

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

§ 5D-1.102 Establishment of Chapter 5D, General Services Administration Procurement Regulations.

This Chapter 5D of the GSPR is prescribed by the Commissioner, Transportation and Communications Service, and is established to provide all Transportation and Communications Service (TCS) activities with additional uniform policies and procedures applicable to the procurement of personal property and nonpersonal services.

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

(a) GSPR Chapter 5D implements and supplements the FPR and GSPR Chapter 5. 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 GSPR Chapter 5.

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

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

§ 5D-1.104 Applicability.

Chapter 5D applies to all purchases and contracts made by TCS for the procurement of personal property and nonpersonal services (including TCS-related construction).

§ 5D-1.105 Exclusions.

(a) Certain TCS 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 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 TCS, as well as to procurement functions and there is need to make the issuance available simultaneously to all TCS employees concerned.

(5) When speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly.

(b) TCS procurement policies and procedures issued in other than the FPR system format under paragraphs (a) (4) and (5), above, will be codified into Chapter 5D at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 5D-1.106 Method of issuance.

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

(b) Chapter 5D material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 5D of Title 41 of the Code of Federal Regulations. 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.

§ 5D-1.107 Arrangement.

§ 5D-1.107-1 General plan.

Chapter 5D is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 5D-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 5D 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 the FPR, GSPR Chapter 5, and Chapter 5D, except that the first digit of the number is either 1, 5, or 5D.

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

(c) When Chapter 5D 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) When the subject matter contained in a part, subpart, section, or subsection of the FPR or Chapter 5 requires no implementation, Chapter 5D will contain no corresponding part, subpart, section, or subsection number. Thus, there may be gaps in the Chapter 5D 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 TCS.