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F.R. 8370, as amended by C 41, Oct. 5, 1044, 9 F.R. 12243]

$ 802.294 Monthly Summary Report of Purchase Actions. A summary of all purchase actions in excess of $10,000 will be rendered for each calendar month as of the last day thereof and submitted on an 8 inch by 10%2 inch sheet to the chiefs of the various technical services within 5 calendar days after the close of the month. The report will be rendered on the basis of net obligations undertaken during the month and not appropriations authorized. The form set forth below will be used for all reports submitted. Only one copy is required, unless otherwise directed by appropriate authority.

CONTROL APPROVAL SYMBOL ICY-34

(1) Station
(2) Date of Submittal..

19. (3) Transactions not previously reported for

month of (4) Reported through..

Subject: Summary Report of Purchase Actions in Excess of $10,000 (5) Value of Negotiated Purchase Actions

a. Original awards.--b. Cancellations

(decrease) c. Changes and Supplements Reported on

Blue Purchase Action Reports--d. Changes and Supplements Not Re

ported on Blue Purchase Action Re

ports.--e. Net Total (6) Number of Negotiated Purchase Actions a. Original awards.. b. Cancellations.

(decrease) c. Net Total (7) Signature.. Name.. Rank: Service

(a) Explanation of Monthly Summary Report form. The following notes apply to the report form:

(1) Indicate station name, number and location.

(2) Record date submitted.

(3) The month in which the action took place will be shown. A separate monthly summary will be required for each month in which purchase actions, that have not been previously reported, were awarded. In the case of a supplement, cancellation or change, the award date of the supplement, cancellation or change is the determining month and not the date of the original award.

(4) where a particular post, camp or station has purchases during a period coming under the jurisdiction of more than one technical service, a separate monthly summary report will be submitted to each technical seryice according to instructions included in $ 802.292. Each monthly summary report submitted to a technical service should in

dicate on line (4) the technical service to which it is submitted and should contain entries only with respect to purchase actions reportable to that technical service. (See $ 802.292.)

(5a) Include all original negotiated awards in excess of $10,000 let during the month shown in item (3). Include the cumulative value of awards that originally were let for $10,000 or less, but which by supplements or changes let this month are now in excess of $10,000.

(5b) Include all purchase action previously reported whose value (not quantity) was cancelled in their entirety during the month shown in item (3) as well as the full previously reported value (including all previous charges) of purchase actions that have been reported as being in excess of $10,000 and which by this change during the month shown in item (3) decreases the net value of $10,000 or less.

(50) Include value of supplements or changes made during the month shown in Item (3) and which had a value in excess of $1,000 and were reported on supplemental reports. (See $ 802.293 (d).)

(50) Include value of supplements or changes made during month shown in item (3) and which had a value of $1,000 or less and were not reported on supplemental reports as described in § 802.293 (c) (5).

(5e) Show the net total of items 5a, 5b, 6c, and 5d. (5c, 5d or he may be an increase or decrease. Indicate which.)

(6a) Show the number of purchase actions represented by the dollar value shown in Item (5a).

(6b) Show the number of purchase actions represented by the dollar value shown in item (5b).

(60) Show the net total of item 6a and 6b. (The number of purchas“ actions to be shown is only for original awards reported (5a) and cancellations (5b). The counts of purchase actions whose value is shown as items 5c and 5d will never be included.)

(7) Fill in signatures, name, rank and service.

(b) Service commands are not required to submit Monthly Summary Reports of Purchase Actions. The offices of the commanding generals of the service commands are not required to submit Monthly Summary Reports of Purchase Actions or recapitulations thereof. Installations under the jurisdiction of service commands are required to submit all Purchase Action Reports, including Monthly Summary Reports of Purchase Actions, to the appropriate chief of the technical service where the contract is numbered as a technical service contract in accordance with $ 803.309 (b). (See § 802.292.) Such installations, unless so required by the commanding general of the appropriate service command, are not required to submit Monthly Summary Reports to the commanding general of the service command.

§ 802.295 Quarterly Report on Procurement. Pursuant to Public Law 528, 77th Congress, the chiefs of the technical services and the commanding generals of the service commands will submit to the Purchases Division, Headquarters, Army Service Forces, within 20 days from the close of each quarter of each fiscal year, the report designated “Quarterly Report on Procurement,” Control Approval Symbol No. ICY-35. This report will be typed on individual strips arranged in alphabetical order by the contractor's name, into pages which shall have no more than 10 inches of printed and typed matter including the header strip showing Header strips for each quarterly report will be furnished in advance by the Purchases Division. The headers and individual strips will be assembled into pages by use of crinkly "draftsman's type” Scotch tape. The pages will not be numbered. Total dollar value will be shown at the bottom of the last page submitted for each headquarters. This total will include only the total of the individual figures reported. No contract will be included in this report the original value of which does not exceed $150,000. Supplements, including increases, decreases or cancellations, will not be reported. No contract will be reported which had an original value of $150,000 or less but which, by reason of supplements, has been increased to a figure in excess of $150,000. Purchases Division will assemble the various reports submitted by the technical services and the service commands into one report which will be submitted to Congress. Subsequent to the preparation of this completed report by the Purchases Division the pages will be returned to the submitted headquarters for dis-assembly and filing of the individual strips for future reference. If no contract in excess of $150,000 has been let during the period a negative report will be submitted.

$ 802.296 Stations required to report, (a) Except as noted below, it is the responsibility of every station to which a reallocation, allotment, or suballotment has been made and which is located within the continental limits of the United States or in the Northwest Seryice Command to make reports of purchase actions. Stations under the juris

diction of the commanding generals of the Army Ground Forces and the Defense Commands and all stations outside the continental limits of the United States (except those in the Northwest Service Command) are not required to make such reports.

(b) Reports by exempted and non-exempted stations: Both individual Purchase Action Reports and Monthly Summary Reports will be submitted to the chiefs of the various technical services, for all contracts numbered as technical service contracts in accordance with $ 803.309 (b). This will apply to all types of installations, whether Class I, II, III or IV. No stations are to submit any Purchase Action Reports whatsoever direct to the Purchases Division, Headquarters, Army Service Forces.

(c) Transmission of reports by functional staff divisions: Functional staff divisions, Army Service Forces, and stations under their jurisdiction will submit Purchase Action Reports in the same manner as chiefs of technical services and stations under the jurisdiction of the chiefs of technical services: Provided, however, That one copy of each report forwarded will be retained by the office of the functional staff division involved, and the original and 4 copies will be forwarded from the office of such division to the Commanding General, Army Service Forces, attention Purchases Division, within 5 days from the date of action. The chiefs of the functional staff divisions will be responsible for complete, accurate, proper and timely submission of such reports. Nothing contained in this subpart, however, shall require the preparation or submission of any individual or summary reports from or with respect to purchase actions of Army Exchange Service.

(d) Reports not to be duplicated: When a formal contract is executed coyering a previously reported purchase action (such as a preliminary contractual agreement) no additional purchase action will be filled. Likewise, a purchase order is to be reported only when it is the original purchase action on the item in question. A delivery order is not to be reported when it is an order placed against an existing transaction previously reported as a purchase action. [Proc. Reg. 2, revised to June 29, 1944, 9 F.R. 8370, as amended by C 41, Oct. 5, 1944, 9 F.R. 12244]

$ 802.297 Signing of reports. Reports should be signed by some responsible oficer. Those required by $ 802.293 should normally be signed by the contracting officer, and those required by § 802.294, by the officer in charge of the procurement covered by the report. If this is not practicable some other responsible oficer may sign.

$ 802.298 Responsibility of the chiefs of the technical services and the commanding generals of the service commands. The chiefs of the technical services and the commanding generals of the service commands are charged with the following res onsibilities:

(a) Responsibility for assuring that all reports required by this subpart are prepared by the stations under their jurisdiction and forwarded to them in accordance with $$ 802.293 and 802.294. This responsibility includes:

(1) Responsibility for controlling by means of the serial numbering system (see § 802.293 (a) (1)) the submission of Purchase Action Reports.

(2) Responsibility for requiring the submission of the proper number of copies of Purchase Action Reports.

(3) Responsibility for checking by contract number to assure that duplicate reports are not received, including the checking of terminations and cancellations.

(4) Responsibility for reconciling individual Purchase Action Reports submitted by each station with the Monthly Summary Reports submitted by such station. (Does not apply to commanding generals of service commands.)

(b) Responsibility for the preparation and submission of the Quarterly Report on Procurement.

(c) Responsibility for submission to Purchase Division, Headquarters, Army Service Forces within ten days after the close of each month a Monthly Summary Report of Purchase Actions which will include all purchase actions reported to them during such month. The form established in $ 802.294 will be used. The purpose of this report is to enable Headquarters, Army Service Forces to control purchase action reporting and to post to a master record the totals of all purchase actions as of the months in which the actions took place regardless of the month they are reported. It is essential therefore, that the chief of each technical service (this section does not apply to

commanding generals of service commands) classify the Purchase Action Reports submitted to him by date of award, or in the case of supplemental reports, by the date of action, and render to Purchases Division separate Monthly Summary Reports of Purchase Actions for each month in which an action took place.

(d) Responsibility for obtaining detailed information on specific transactions when the same is deemed necessary and for promptly submitting this to Purchases Division,

(e) Responsibility for the reproduction (where field installations do not have adequate reproduction facilities) and the distribution of the individual Purchase Action Reports (W. D. A. G. O. Forms 495 and 496, bearing Control Approval Symbol ICY-33) as follows:

Number of copies to

be submitted byForm 496: (Original). Technical Service To be submitted to: Services Command

Department of Labor. 4 copies 4 copies
War Production
Board...

1 copy Form 495: (Supplemental)

War Production
Board.----

1

copy The above reports should be addressed as follows:

Department of Labor. Mr. William R. McComb, Deputy Administrator, Room 1114, Department of Labor Building, Washington 25, D. C., Attention: Mr. A. L. Triolo.

War Production Board. War Production Board, Bureau of Planning and Statistics, Room H-327, Temporary E, 6th and Adams Drive, SW., Washington 25, D. C. [Proc. Reg. 2, C 41, Oct. 5, 1944, 9 F.R. 12244]

§ 802.299 Authority of Purchases Division as to reporting. The Purchases Division, Headquarters, Army Service Forces, retains full authority pertaining to purchase action reporting requirements established by this subpart despite the decentralization of some of the operating functions.

1 copy

1 copy

PART 803—CONTRACTS

Subpart A-General

Sec. 803.301 Rescission of regulations. 803.302 Definitions. 803.303 General requirements for contracts. 803.303a Letters of intent and letter orders.

Subpart GGuarantees, Loans and commitments,

and Advance Payments Sec. 803.319 General. 803.320 Guarantees, loans and commit

ments under Executive Order No.

9112. 803.321 Advance payments.

Subpart H-Mandatory and Optional Contract

Provisions

Subpart B-Authority to Make Awards, Contracts,

and Modifications Thereof; Required Approvals Sec. 803.304 Definitions. 803.305 Making and approval of awards of

contracts, supplemental agree

ments and change orders. 803.306 Making and approval of contracts,

supplemental agreements and

change orders. 803.307 Authority of technical service to re

allocate awards and contracts. 803.308 Supplemental agreements and

clauses prescribed by Subpart H. 803.308a Supplemental agreements and

change orders not involving re

ceipt of consideration. 803.308b Correction of mistakes. 803.308C Contracts or supplemental agree

ments providing for advance

payments. 803.308d Ratification of prior action. 803.308e Extension of time for performance. 803.3086 Amendment of contracts after final

administrative determination of

amount due. 803.308g Supplements and change orders

dealing with or directly affecting matters pending before the General Accounting Office in respect

of the amended contract. 803.308h Defective, informal, and quasi-con

tracts.

Subpart C-Formalities in Connection With Exe

cution of Contracts and Modifications Thereof 803.309 Numbering contracts. 803.310 Fiscal procedures. 803.311 Execution of contracts. 803.312 Statement and Certificate of Award

(Standard Form No. 1036). 803.313 Form of supplemental agreements

and change orders. 803.314 Consent of sureties to modifications,

803.322 Officials not to benefit clause. 803.323 Covenant against contingent fees. 803.324 Uniform termination article. 803.325 Anti-discrimination clause. 803.326 Disputes concerning questions of

fact. 803.327 Domestic articles clause. 803.328 Notice of shipments article. 803.329 Variation in quantities. 803.329a “Changes" article for supply con

tracts. 803.330 Partial payments article when pay

ments are not to exceed 75 per

cent of cost of property. 803.331 Partial payments article when pay

ments are not to exceed 90 percent of direct labor and material

costs. 803.331a Amendment of contracts containing

partial payments article to include substance of paragraph (d)

of $ 803.330 or 803.331. 803.332 Government owned facilities. 803.334 Records of Government-owned prop

erty. 803.335 Patent risks. 803.336 Disclosure of information. 803.337 Employment of aliens. 803.338 Plant protection clause. 803.339 Price adjustment for increase of

freight rates. 803.340 Clauses for rental of gas cylinders. 803.341 Price adjustment based on produc

tion experience. 803.342 Articles governing statutory renego

tiation. 803.342a Price revision by mutual agreement. 800.343 Rate of wages clause. 803.344 Nonrebate of wages clause. 803.345 Convict labor. 803.346 Eight-hour law. 803.347 Advance payments with interest. 803.348 Advance payments without interest. 803.348a Advance payments; cost-plus-fixed

fee contracts; with interest. 803.348b Advance payments; cost-plus-fixed

fee contracts; without interest. 803.349 Advance payments; additional pro

vision. 803.349a Advance payments; optional amend

ment to clause in $ 803.348a. 803.350 Termination clause. 803.351 Price adjustment articles. 803.352 Delays-damages clause. 803.352a Provision for liquidated damages. 803.353 Walsh-Healey Act; representations

and stipulations. 803.354 Notice to Government of labor dis

putes.

Subpart D-Distribution of Contracts and

Orders Thereunder 803.315 General. 803.316 Numbered contracts. 803.317 Unnumbered contracts. 803.317a Supplemental agreements and

change orders. 803.317b Army Audit Branches of the Gen

eral Accounting Office. 803.318 Special cases.

Subpart E-Contract Procedure Within the

Service Commands

803.318a Organization of service commands. 803.318b Contract procedure. 803.318C Service command utility contracts.

Subpart F-Contract Appeals 803.318d War Department Board. 803.318e Rules and regulations of Board. 803.3181 Appeals boards within the technical

services.

Sec. 803.355 Assignment of rights; unclassified

contracts. 803.356 Provisions concerning assignment of

rights under classified contracts. 803.357 Tax articles in fixed price (lump

sum) contracts. 803 358 Specification of taxes included or

excluded; information to bidders. 803.360 Periodic adjustment of price and

exemption from renegotiation. 803.360a Price adjustment article based on

optional periodic adjustment of price; where contractor has had previous experience in production

of item. 803.360b Retroactive changes in wages, sal

aries, or other terms or conditions

of employment. 803.361 Short term pricing. 803.362 Accident prevention. 803.363 Disposition of Government-owned

property by contractors. 803.364 Marking of shipping containers. 803.365 Contract clauses in connection

with bonds and insurance. 803.366 Offers of prompt payment of cash

discounts. 803.367 Subcontracting clause; fixed price

supply contracts. 803.368 Subcontracting; cost-plus-a-fixed

fee supply contracts. 803.369 Release upon final payment under

cost-plus-a-fixed-fee contracts. Subpart 1-Termination of Fixed Price (Lump

Sum) Contracts Upon Default of Contractor 803.379 Steps to be taken in event of default. 803.380 Steps to be taken in event of ter

mination because of default. 803.380a Procedure to be followed when rem

edies under delays-damages article are pursued.

Subpart 1 Miscellaneous 803.390 Assignments. 803.391 Charges for telegraph, cable, and

radio messages in cost-plus-a

fixed-fee contracts. 803.392 Handling defaults and threatened

defaults by suppliers and subcontractors under cost-plus-a

fixed-fee prime contracts. 803.393 Disclosure of information in con

nection with completing Selective

Service affidavit. 803.394 Contracts for electric power, 803.395 Contracts within section 9, Military

Appropriation Act, 1944 and 1945. 803.396 Prior approval of awards of "man

agement consultant" contracts. AUTHORITY: $$ 803.301 to 803.396, inclusive, issued under 41 Stat. 164, 54 Stat. 1225, 10 U.S.C. 1193–1195; 55 Stat. 838, 50 U.S.C. App., Sup., 601-622.

SOURCE: $ $ 803.301 to 803.396, inclusive, contained in War Department Procurement Regulation 3, revised to June 29, 1944, 9 F.R. 8390. Exceptions are noted in brackets following sections affected.

Subpart A-General $ 803.301 Rescission of regulations. Army Regulations 5–200, dated January 2, 1940, as amended, and all other prior directives and instructions of whatsoever nature relating to the making of contracts are hereby rescinded.

(a) Compliance with this part. Unless otherwise specifically provided, compliance with any provision of this part or of any amendment thereto which requires a change in contract procedure or in any contract provision shall not be mandatory until thirty days after the issuance of such regulation or amendment.

$ 803.302 Definitions. As used in this part the following terms will have the meanings assigned to them in the following paragraphs:

(a) United States and Government. These terms are synonymous and include the War Department.

(b) Contractor. A contractor is any person, partnership, company, or corporation (or any combination of these) which is a party to a contract with the United States.

(c) Contracting officer. (1) A contracting officer is an officer or civilian official of the War Department who has been appointed by any one of the following persons, or by their direction, or in accordance with such orders and regulations as they may prescribe for their respective commands, to execute contracts on behalf of the United States:

(1) The Secretary of War;
(ii) The Under Secretary of War;

(iii) The Commanding General in a Theatre of Operations;

(iv) The Commanding General, Army Air Forces;

(v) The Director, Purchases Division, Army Service Forces;

(vi) The Chief of any Technical Service.

(2) Unless otherwise specifically provided, the words “the contracting officer," when used in this chapter or in any existing or future contract, supplemental agreement or change order, are construed to include:

(i) His duly appointed successor or authorized representative;

(ii) Any and all contracting officers, acting within the scope of the orders respectively appointing them contracting officers.

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