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§ 18-16.804 U.S. Tax Exemption Certificate (Standard Form 1094).

(a) The U.S. Tax Exemption Certificate, Standard Form 1094, shall be used as prescribed in § 18-11.502-1.

(b) Treasury Department Form 1444 (Tax Free Spirits for Used of United States) and Treasury Department Form 1486 (Specially Denatured Spirits for Use of United States) shall be used in accordance with the provisions of § 1811.250.

[36 F.R. 21504, Nov. 10, 1971 [

§ 18-16.805 Bond forms.

The bond forms listed below are available for use in accordance with the provisions of Part 18-10.

(a) Bid Bond (Standard Form 24). (b) Annual Bid Bond (Standard Form 34).

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tenance of bidders lists as prescribed by § 18-2.205.

§ 18-16.810-2 Conditions for use.

The application shall be submitted and signed by the supplier (the manufacturer or regular dealer), as distinguished from an agent of the supplier. However, suppliers are not precluded from designating on Standard Form 129 their agents to receive invitations for bids and requests for proposals.

§ 18-16.811 Security Requirements (DD Forms 441 and 254).

§ 18-16.811-1 Security agreement.

DD Form 441, Security Agreement, is authorized for use in connection with the requirements of §§ 18-7.104-12, 187.204-12, and 18-7.451.24.

§ 18-16.811-2 Security requirements checklist.

DD Form 254, Security Required by the "Security Requirements" clause (see §§ 18-7.104-12, 18-7.204-12, and 187.451-24), which is included in all contracts classified "Confidential" or higher and in other contracts the performance of which may require access to classified information or material. Instructions for preparation are included in the form. § 18-16.812 Release and Assignment Forms (NASA Forms 778, 779, 780, and 781).

The forms identified below are approved for use in complying with the release and assignment provisions of paragraph (f) of the allowable cost clause of a cost-reimbursement type contract (see §§ 18-7.203-4, 18-7.402-3, and 18-7.451-3).

(a) Contractor's Release (NASA Form 778);

(b) Assignee's Release (NASA Form 779);

(c) Contractor's Assignment of Refunds, Rebates, Credits, and Other Amounts (NASA Form 780); and

(d) Assignee's Assignment of Refunds, Rebates, Credits, and Other Amounts (NASA Form 781).

Forms differing from the above approved forms may be used if the contracting officer determines that such forms meet the applicable requirements of the clause.

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Small Purchase Pricing Memorandum (DD Form 1784) shall be used to document purchase order files as to reasonableness of price when a separate form is used for that purpose (see § 18-3.6042). Local reproduction of DD Form 1784 is authorized.

[36 F.R. 21504, Nov. 10, 1971]

§ 18-16.814 Architect-Engineer Questionnaire Form (Standard Form 251).

U.S. Government Architect-Engineer Questionnaire (Standard Form 251) may be used in accordance with the provisions of § 18-4.203–2(a)(1). This form is designed to assure the uniform submission of experience and organizational data by architect-engineer firms. § 18-16.815

Forms.

Contract Modification

(Standard Forms 30 and 36). § 18-16.815-1 Modifications pursuant to provisions of contract.

Modifications affecting the price or time for performance of a construction contract may be made pursuant to the "Changes", "Changed Conditions" and "Termination for Default-Damages for Delay-Time Extensions" clauses of the contract and shall be accomplished on Standard Form 30. Although such modifications may be issued unilaterally by the contracting officer, usually an agreement with the contractor is obtained prior to the issuance of the formal contract modification. The reason for the proposed modification should be stated e.g., reasons for changes, existence of changed conditions, causes of delay and excusability. If the modification is pursuant to the "Changes" clause, the details of the change should be set forth. If the time of performance is increased or decreased, the extension or decrease should be stated definitely or a statement made that the time for performance remains unchanged. If the contract price is increased or decreased the increase or decrease should be stated definitely or a statement made that the contract price remains unchanged. The contractor should be requested to indicate his acceptance on Standard Form 30. (See § 18-16.103.)

§ 18-16.815-2 Supplemental agree

ments.

Amendments of Solicitation/Modification of Contract (Standard Form 30) shall be used to formalize contract modifications providing for work not within the scope of the contract except that provision shall be made for consent of surety in accordance with the format set forth in § 18-10.111. See § 18-16.103.)

§ 18-16.815-3 Continuation of modifications.

Standard Form 36 or blank sheet(s) of paper may be used for continuation of modifications (see § 18-16.101–2(d)). § 18-16.816 Identical Bid Report for Procurement (DJ 1500).

DJ 1500, Identical Bid Report for Procurement, shall be used in reporting identical bids in accordance with the requirements of § 18-1.114.

§ 18-16.818 Inventory Schedules (DD Forms 542, 543, 544, and 545).

The following forms are prescribed for use by contractors to report contractor inventory for disposition and to support settlement proposals submitted on DD Forms 540, 541, or 547:

(a) DD Form 542 (Inventory Schedule A-Metals in Mill Product Form) and DD Form 542c (Continuation Sheet);

(b) DD Form 543 (Inventory Schedule B-Raw Materials) and DD Form 543c (Continuation Sheet);

(c) DD Form 544 (Inventory Schedule C-Work in Process) and DD Form 544c (Continuation Sheet); and

(d) DD Form 545 (Inventory Schedule D-Dies, Jigs, Fixtures, etc., and Special Tools) and DD Form 545c (Continuation Sheet).

§ 18-16.850 NASA small business subcontracting program quarterly report of participating large company on subcontract commitments to small and minority business concerns (NASA Form 524).

NASA Form 524, NASA Small Business Subcontracting Program Quarterly Report of Participating Large Company on Subcontract Commitments to Small and Minority Business Concerns, shall be used for the submission of reports by all NASA contractors who participate in the NASA Subcontracting Small Business Program as required by § 18-1.707-5. In

structions for its use are printed on the form.

[39 FR 13142, Apr. 11, 1974]

§ 18-16.851 Preaward Survey of Prospective Contractor (DD Form 1524). DD Form 1524, Preaward Survey, shall be used in accordance with instructions contained in Subpart 18-1.19.

§ 18-16.852

Procurement Request (NASA Form 404).

NASA Form 404, Procurement Request, shall be used for initiating procurements in accordance with § 18-1.356 and NASA Management Instruction 5101.12, "Policy and Procedures Concerning Procurement Requests."

§ 18-16.853 Checklist for negotiated contract file content (NASA Form 1098).

NASA Form 1098, Checklist for Negotiated Contract File Content is to be used in the official contract file of all procurements in excess of $2,500 to provide an index to the documentation contained therein. If additional space is necessary, supplemental pages may be added and the added pages identified in the last spaces of the right hand column of page 2 of the form. This form may be adapted for use with advertised procurements. [36 F.R. 25130, Dec. 29, 1971]

§ 18-16.854 Request for Contractor Clearance (NASA Form 446).

NASA Form 446, Request for Contractor Clearance, shall be used in accordance with NASA Management Instruction 1650.1, if the proposed procurement will involve access to classified information.

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(a) Cover Page-NASA Form 551; (b) Letter of Transmittal-NASA Form 551-1;

(c) Schedule Format-NASA Form 551-2;

(d) General Provisions-NASA Form 551-3; and

(e) NASA Form 417 or 418, as appropriate, in accordance with the instructions contained in Article V of the Schedule Format-NASA Form 551-2. In addition, the prescribed clauses set forth in NASA Form 417 or 418 shall be modified or deleted and additional clauses, applicable to the kinds of such contracts for which such forms were designed, shall be included in the contracts as required or authorized by §§ 18-7.402 through 18-7.404, or §§ 18-7.203 through 18-7.205, respectively. Also, see instructions contained in Article Vb. of the Schedule Format-NASA Form 551-2.

§ 18-16.859-3 Fixed-price type letter

contract.

The following forms are prescribed for use in letter contracts contemplating fixed-price type definitive contracts:

(a) Cover Page-NASA Form 551;

20-130-74- -52

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(c) Schedule Format-NASA Form 551-2;

(d) General Provisions-NASA Form 551-3, except that Clause 5, "Termination," shall be deleted and the "Termination" clause set forth in § 18-8.701-1 shall be substituted therefor; and

(e) NASA Form 247, or Standard Form 32 and NASA Form 250, as appropriate, in accordance with the instructions contained in Article V of the Schedule Format-NASA Form 551-2. In addition, the prescribed clauses set forth in NASA Form 247, Standard Form 32, or NASA Form 250 shall be modified or deleted and additional clauses, applicable to the kinds of such contracts for which such forms were designed, shall be included in the contract as required or authorized by §§ 18-7.302 through 187.304, or §§ 18-7.103 through 18-7.109, respectively. Also, see instructions contained in Article Vb. of the Schedule Format.

§ 18-16.859-4 Letter contract forms.

(a) Format Cover Page for Letter Contracts (NASA Form 551, April 1962). Contract No.

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To:

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Gentlemen:

Date:

Letter Contract Contract No.:

1. This letter, when accepted by you, will constitute a Letter Contract bearing the contract number above indicated, whereby you, as Contractor, agree to furnish to the Government the supplies or services set forth in the attached Contract Schedule in accordance with the terms, conditions, and administrative provisions set forth in the Schedule and in the current edition of the NASA Forms identified in the Enclosures listed below, and such NASA Forms, if any, as are referenced therein, all of which are attached hereto and made a part hereof. This letter, Schedule, and the Forms are submitted to you in quadruplicate.

2. If you agree to the terms set forth in the attached Schedule and in the NASA Forms listed in the Enclosures, please indicate your acceptance by signing the original and two copies of this Letter in the place provided in the lower left corner and return the executed copies to the Contracting Officer who signed this letter on behalf of the United States.

3. It is understood by your acceptance hereof that you will undertake, without delay, to enter into negotiations with the National Aeronautics and Space Administration looking to the execution of a definitive contract and to furnish all cost and price information requested by the Contracting officer. The form and provisions of the definitive contract which the National Aeronautics and Space Administration intends to use as the basis for negotiation are set forth in the Schedule.

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portation prepaid to destination. If f.o.b. oriin, include statement "for shipment " on G.B.L.)

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Article III-Consideration and payment: a. The maximum amount for which the Government will be liable if this Letter ConEract is terminated is $------

b. Contractor's invoices or vendor's shipping documents used as invoices shall be made out to the Office designated to make payment marked, "Attention: Fiscal Officer," and delivered to the Contracting Officer. Payment will be made as provided in the Payment clause of NASA Form 551-3, except as otherwise stated below:

c. (Set forth any prices or rates of payment which the Government and Contractor may have agreed to or which the Government is offering to pay for supplies to be delivered or services to be performed under this Letter Contract or for identified portions of such work or services.)

Article IV-Inspection and acceptance: (Name the place where inspection is to be made and specify details concerning inspection and acceptance in the same detail as in a definitive contract.)

Article V-Clauses incorporated:

a. There are incorporated by reference in this Letter Contract all the clauses contained in NASA Form (----) except for the following clauses, which are to be deleted for the purpose of this Letter Contract:

(1) (Where a fixed-price R&D contract is contemplated, insert NASA Form 247 and date of the current form in the blank above, and list as the clauses to be deleted "Payments" and "Termination for Convenience of the

Government.")

(i) (Where a fixed-price supply contract is contemplated, the reference in the blank above should be to Standard Form 32 and NASA Form 250 and dates of the current forms, and list as the clauses to be deleted "Payments" and "Termination for Convenience of the Government";) or

(111) (Where a cost-reimbursement type contract is contemplated, insert NASA Form 417 or 418 and the date of the current form, as appropriate, in the blank above, and list as the clauses to be deleted "Limitation of Cost," "Allowable Cost, Fixed-Fee, and Payment," "Termination," and "Limitation on Withholding of Payments.")

b. (Identify and reference any other clause appropriate to the contract and attach such clause to the Schedule.)

Article VI-Definitive contract:

a. The definitive contract will be negotiated and executed on or before unless such date is extended in writing by the Contracting Officer.

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(Local reproduction is authorized) (d) General Provisions for Letter Contracts (NASA Form 551-3, 1962). GENERAL PROVISIONS FOR LETTER CONTRACTS INDEX OF CLAUSES

1. Direction to Proceed.

2. Contract Clauses Incorporated.
3. Authority to Obligate Funds.
4. Payments.

5. Termination.

1. Directions to proceed: Except as otherwise expressly provided to the contrary in this Letter Contract, the Contractor is directed, upon his acceptance of this Letter Contract, to proceed immediately to procure the necessary materials, and to commence the manufacture of the supplies or performance of the services called for herein, and to pursue such work with all diligence to the end that the supplies or services called for under Article I of the Schedule will be delivered or performed in accordance with Article II of the Schedule and all other terms of this Letter Contract.

2. Contract clauses incorporated: The contract clauses set forth in the NASA contract form identified in the Schedule, subject to the alterations in such form shown in the Schedule, and including any other clauses referenced in the Schedule as applicable to this Letter Contract and attached to the Schedule, are hereby incorporated into this Letter Contract and made a part hereof.

3. Authority to obligate funds: The maximum amount for which the Government shall be liable if this contract is terminated is specified in the Schedule, and any expenditure or obligation by the Contractor in excess of that amount, in furtherance of performance hereunder, shall be at the Contractor's own risk.

4. Payments:

(a) If this Letter Contract is on a fixedprice basis, and is governed generally by the provisions of a fixed-price contract form (SF-32 and NASA Form 250, or NASA Form 247), the Government will pay to the Contractor, not to exceed the maximum amount specified in Article IIIa of the Schedule, upon the submission of proper invoices or vouchers, the prices, if any, specified in Article III of the Schedule for supplies delivered and accepted or services rendered and accepted, less deductions, if any, provided for in this Letter Contract. Unless otherwise specified, payment will be made on partial deliveries accepted by the Government.

(b) If this Letter Contract is on a costreimbursement basis and is governed generally by the provisions of a cost-reimbursement type contract form (NASA Form 417 or 418) referenced in the Schedule, the Government will pay to the Contractor, not to exceed the maximum amount specifiled in Article IIIa of the Schedule, upon the submission of proper invoices or vouchers, his costs for the performance of this con

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