into pursuant to formal advertising, for construction (including alteration or repair) of public buildings or works, except for: Contracts for the construction, alteration, or repair of vessels; and contracts for construction, alteration, or repair work in foreign countries. (b) Determination as to the form or forms to be used in soliciting bids in each instance shall be made in accordance with this § 1-16.402. Although selection of the forms to be used is governed by the estimated cost of the work contemplated, award generally can be made on the forms selected even though the amount of the low bid varies from the estimate, e.g., an award of less than $2,000 or more than $10,000 can be made where Standard Forms 19, 19-A, and 19B were used in soliciting bids (but see § 1-16.402-2). Likewise, an award of less than $10,000 can be made where Standard Forms 19-A, 19-B, 20, 21, 22, 23, and 23-A were used. However, award in excess of $2,000 is not permissible where Standard Form 19 has been used without Standard Form 19-A attached, as Department of Labor regulations require physical inclusion of labor standards provisions in contracts in excess of $2,000. [31 F.R. 5881, Apr. 16, 1966] § 1-16.402-1 Contracts estimated not to exceed $2,000. Standard Forms 19 and 19-B shall be used for contracts estimated not to exceed $2,000. Standard Form 22 also may be used. [31 F.R. 5881, Apr. 16, 1966] § 1-16.402-2 Contracts estimated to exceed $2,000 but not to exceed $10,000. Standard Forms 19, 19-A, and 19-B shall be used for contracts estimated to exceed $2,000 but not to exceed $10,000. Standard Form 22 also may be used (but see § 1-10.103-3 if that form is not used and bid guarantee is required). Where the Government's estimate, though less than $2,000, indicates the low bid may exceed that amount, Standard Form 19-A should be attached and the specifications should include the appropriate wage rate determination of the Secretary of Labor. Where the Government's estimate, though less than $10,000, indicates the low bid may exceed that amount, provisions required in such contracts should be included (e.g., the equal opportunity and Federal, State, and local taxes (a) Use of the forms prescribed in § 1-16.401 for negotiated contracts is optional. However, in the interest of uniformity, it is recommended that these forms be used (within the areas outlined in §§ 1-16.402-1, 1-16.402-2, and 1-16.402-3) for contracts entered into on the basis of competitive bids but which are termed negotiated contracts because the requirements of formal advertising are not fully met (e.g., small business restricted advertising-see § 1-1.701-9). When used for negotiated contracts, the forms may be adapted as required by agency procedures (e.g., the requirement that bids be "sealed" and "publicly opened" may be lined out). The box immediately below the title of Standard Form 19, beside the phrase "check if small business set-aside or other negotiated procurement," must be checked when that form is used for negotiated contracts. (b) The recommendation in (a) above is not to be construed to conflict with the authority provided in § 1-3.605 for use of Standard Forms 44, 147 and 148. [31 F.R. 5881, Apr. 16, 1966] § 1-16.404 Terms, conditions, and pro visions. (a) Additional terms, conditions, and provisions considered by any agency to be essential to its contractual relationships and not inconsistent with those contained in the forms prescribed in this Subpart 1-16.4 may be incorporated in invitations for bids in which these forms are used by so providing in invitations for bids in the Alterations paragraph of Standard Form 23, in the schedule, or in the specifications, as appropriate, in accordance with agency implementing instructions. Each executive agency shall review periodically such additional terms, conditions, and provisions which are in common use in such agency with a view to standardization of those in general use and elimination of unnecessary additions, and shall, from time to time, forward to the Administrator of General Services such additional terms, conditions, and provisions as are considered desirable for inclusion in the standard forms. (b) In the interest of establishing and maintaining uniformity in Government contracts to the greatest extent feasible, deviations from the forms prescribed in this Subpart 1-16.4 shall be kept to a minimum. Deviations may be authorized in accordance with § 1-1.009 of this chapter. When a deviation is authorized, changes shall be made in invitations for bids, in the Alterations paragraph of Standard Form 23, in the schedule, or in the specifications, as appropriate, in accordance with agency implementing instructions. (c) The language of § 1-16.404(a) shall not be construed to authorize the use with Standard Form 19 of clauses which appear in Standard Form 23A and which were condensed or omitted in the development of Standard Form 19 in the interests of simplification and uniformity. Where such use is deemed essential, the matter shall be handled as a deviation as provided in § 1-16.404 (b). (d) Clause 3 (Disputes) of Standard Form 19 may be altered, by appropriate provision in addenda to the form, in the schedule, or in the specifications, as appropriate, in accordance with agency implementing instructions, to define "head of the Federal agency" or to provide for an intermediate appeal board procedure. (e) During periods of national emergency, agencies may, with the prior approval of the Administrator of General Services, amend paragraph (d) of Clause 5 (Termination for Default-Damages for Delay-Time Extensions) of Standard Form 23A by deleting the words "unforeseeable causes" in the two places where they appear in the first sentence, and substituting therefor the words, "causes, other than normal weather,". § 1-16.405 Die-cut stencils and reproducible masters. (a) The use of die-cut stencils or reproducible masters for printing Standard Forms 19, 20, and 21 is authorized (sub ject to the regulations of the Congressional Joint Committee on Printing) in order to eliminate excessive typing or overprinting in providing the necessary number of copies. Additional wording required by any agency on any of its invitations for bids and bid forms may be preprinted on the die-cut stencils or reproducible masters, if desired. However, the sequence and wording of the items appearing on the prescribed forms shall not be altered. (b) The General Provisions which appear on the reverse of Standard Form 19 are printed on paper suitable for reproduction purposes, and stocked separately as Reverse of Standard Form 19. In order to simplify the reproduction process, this form shall be used when printing Standard Form 19 from die-cut stencils or reproducible masters, thereby eliminating the need for reproducing these standard terms each time an invitation for bids is prepared. It may be ordered in the same manner as other standard forms. (c) Agencies using die-cut stencils or reproducible masters for the face of Standard Form 21 are further authorized to use the following language in lieu of the language appearing at the bottom of the face of the form if it better suits their administrative requirements: and agrees that, upon written notice that a preliminary examination of the bids indicates that he will be the successful bidder, he will within calendar days (unless a longer period is allowed) after receipt of the prescribed forms, execute Standard Form 23, Construction Contract, and give performance bond and payment bond on Government standard forms, if these forms are required, with good and sufficient sureties: Provided, That contract and bond forms executed by the bidder prior to award of the contract will become effective only if his bid actually is accepted within the time established herein. Subpart 1-16.5-Forms for Advertised and Negotiated Nonpersonal Service Contracts (Other Than Construction) § 1-16.500 Scope of subpart. This subpart prescribes forms for use in advertised and negotiated nonpersonal service contracts other than construction. [31 F.R. 14739, Nov. 19, 1966] § 1-16.501 Contract forms. The forms prescribed in §§ 1-16.101. and 1-16.201 for advertised and negotiated supply contracts are suitable for use in many advertised and negotiated nonpersonal service contracts (other than construction and small purchases).. Agencies are encouraged to require the use of these forms in advertised and negotiated nonpersonal service contracts where appropriate and practicable. [31 F.R. 14739, Nov. 19, 1966] Subpart 1-16.6-Forms of Leases for Real Property SOURCE: The provisions of this Subpart 1-16.6 appear at 30 F.R. 8217, June 26, 1965, unless otherwise noted. § 1-16.600 Scope of subpart. This subpart prescribes forms of leases for procuring real property. Illustrations of these forms are contained in Subpart 1-16.9. The following standard forms of leases for real property are prescribed for use by Federal agencies in procuring real property by lease, by advertising, or negotiation, subject to the conditions in this Subpart 1-16.6: (a) Standard Form 2, February 1965 edition, U.S. Government Lease for Real Property. (b) Standard Form 2-A, February 1965 edition, U.S. Government Lease for Real Property. Pending the publication of a new edition of Standard Form 2–A, the Certification of Nonsegregated Facilities prescribed in § 1-12.803–7(d) (1) of this chapter shall be made an additional provision of the form, and the clause prescribed in § 1-12.803-2 of this chapter shall be substituted for the present provision of Article 9, Equal Opportunity. (c) Standard Form 2-B, February 1965 edition, U.S. Government Lease for Real Property (Short Form). [29 F.R. 10305, July 24, 1964, as amended at 33 F.R. 10725, July 27, 1968] § 1-16.602-1 Standard Form 2, U.S. Government Lease for Real Property. (a) The use of this form is not limited by any maximum or minimum rental. (b) Standard Form 2-A is made a part of Standard Form 2 by the provisions of Standard Form 2. (c) The following automatic renewal clause may be used in lieu of clause 5 of Standard Form 2 by agencies having authority to use automatic renewals: This lease shall be automatically renewed from year to year without further notice unless and until the Government shall give notice of termination in accordance with clause 4: Provided, That adequate appropriations are available from year to year for the payment of rentals, and Provided further, That this lease shall in no event extend beyond § 1-16.602-2 Standard Form 2-A, General Provisions and Instructions, U.S. Government Lease for Real Property. (a) Whenever it is determined necessary or desirable to include provisions for restoration, the following may be substituted for clause 4 of Standard Form 2-A: The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect additions, structures, or signs in or upon the premises hereby leased, which fixtures, additions, or structures shall be and remain the property of the Government and may be removed by the Government prior to the expiration or termination of this lease. The lessor may, upon not less than days' written notice to the Government, before termination of the lease, require restoration of the leased premises. In this event, prior to the expiration or termination of this lease, or prior to relinquishment of possession, whichever first occurs, the Government shall, at its sole election, either, (1) restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over (a) The following standard forms shall be used, except in foreign countries, when a bid, performance, or payment bond, or in individual surety is required: (1) Bid Bond (Standard Form 24, June 1964 edition). (2) Performance Bond (Standard Form 25, June 1967 edition). (3) Payment Bond (Standard Form 25A, June 1964 edition). (4) Continuation Sheet (For Standard Forms 24, 25 and 25A), (Standard Form 25B, June 1964 edition). (5) Affidavit of Individual Surety (Standard Form 28, June 1966 Edition). (6) Annual Bid Bond (Standard Form 34, June 1964 edition). (7) Annual Performance Bond (Standard Form 35, June 1964 edition). (b) The bond forms shall be used as indicated in the Instruction portion of each form and implementing agency regulations shall be consistent therewith. [29 F.R. 10305, July 24, 1964, as amended at 31 F.R. 15093, Dec. 1, 1966; 32 F.R. 9232, June 29, 1967] provide for uniform presentation, by architectural and/or engineering firms, of information as to their professional qualifications. This form shall be used, in lieu of any other Government form, whenever an agency desires to obtain such information for use in contracting for architectural and/or engineering services related to construction, alteration, or repair of buildings, bridges, roads, or other kinds of real property. Services related to construction include master planning, engineering studies, investigations, development of the design, preparation of plans and specifications, and inspection and supervision of work performed during the construction period. (b) Use of the form prescribed in paragraph (a) of this section is not required in the procurement of architectural and/or engineering services related to construction, alteration, repair, processing or assembling of vessels, aircraft, or other kinds of personal property. § 1-16.804 Report on procurement. This section prescribes reporting requirements to provide information concerning the extent to which prime contracts have been (a) entered into by formal advertising versus negotiation, (b) placed with small business concerns as a result of set-asides or otherwise, and (c) placed in labor surplus areas. In addition, the section prescribes requirements for reporting information regarding subcontract awards to small business concerns. Such data are designed to provide the Small Business Administration, Office of Emergency Preparedness, congressional committees, and others, with summary information concerning procurement transactions. [33 F.R. 17293, Nov. 22, 1968] § 1-16.804-2 port. Agencies required to re Each civilian executive agency shall report its procurement to the General Services Administration for the agency as a whole and for each bureau or com parable major organizational unit of the agency. When procurement is performed by one agency for another, the agency performing the procurement shall report the transactions; however, when an agency establishes contracts for use by other agencies, only the agencies procuring under such contracts shall report (see § 1-16.804-3(c)(2)). Agencies shall submit negative reports if no reportable procurements are made during the reporting period. [33 F.R. 17293, Nov. 22, 1968] § 1-16.804-3 Standard Form 37, Report on Procurement by Civilian Executive Agencies. (a) Form prescribed. Standard Form 37, Report on Procurement by Civilian Executive Agencies (June 1968 edition) is prescribed for use when reporting procurement in accordance with this section. However, where determined advantageous by the reporting agency, mechanized printout reports containing the same information and in the same format as called for on Standard Form 37 may be submitted in lieu of Standard Form 37. (b) Procurement to be excluded. All procurement shall be reported except the following: (1) Procurement of supplies from governmental sources, including District of Columbia Government; Federal Prisons Industries, Inc.; Government Printing Office; and General Services Administration (supply depots, fuel yard, etc.). (2) Procurement of transportation by Government bill of lading and transportation of personnel. (c) Prime procurement to be reported. The net dollar amount procured shall be reported with subtotals showing the dollar amounts awarded to small business concerns and to other than small business. The following additional information shall be reported. (1) Procurements awarded by the reporting agency, with breakouts indicating the dollar amounts for advertised and negotiated contracts. The dollar amounts for small purchases under $2,500 may be developed by generally accepted statistical sampling methods, in |