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3. You should review any provisions of your contract relating to termination and consult your customer or contracting officer for further information. Government regulations pertaining the basis for determining a fair and reasonable to minahon settlement are contained in Part 1-8, Federal Procure plenty to u ulations (41 CFR 1-8). Your claim for fair fasadopathion shooty be prepared on the basis of the costs showih by rade accounting records. Where your costs are not so shownou may use any reasonable basis for estimating your costs which will provide for fair compensation for the preparations made and work done for the terminated portion of the contract, including a reason. able profit on such preparation and work.
ER EXPENSES.-Reasonable costs of protecting rond prideloving bination inventory in your possession and proppang rour claim.
Iked PROFIT. -A reasonable profit with respect to the preparations you have made and work you have actually done for the terminated portion of your contract. No profit should be included with respect to work which has not been done, nor shall profit be included with respect to settlement expenses, or with respect to settlement with subcontractors.
5. If you use this form, your total charges being claimed (line 5), must be less than $10,000.00. The government has the right to examine your books and records relative to this proposal, and if you are a subcontractor your customer must be satisfied with your proposal.
4, Generally your settlement proposal may include under items 2, 3, and 4, the following:
§ 1-8.802-4 Format 802–4, Settlement Proposal for Cost-Reimbursement Type
SETTLEMENT PROPOSAL FOR COST-REIMBURSEMENT TYPE CONTRACTS
To be used by prime contractors submitting termination claims on cost reimbursement type contracts under Part 1-1 of the Federal Procurement
U PARTIAL U FINAL STREET ADDRESS •
GOVERNMENT PRIME CONTRACT NO REFERENCE NO.
1. DIRECT MATERIAL 2. DIRECT LABOR 3. INDIRECT FACTORY EXPENSE 4. DIES, NGS, FIXTURES AND SPECIAL TOOLS S. OTHER COSTS 6. GENERAL AND ADMINISTRATIVE EXPENSE 1. TOTAL COSTS (hers 1 thru 6) 1. FEE 9. SETTLEMENT EXPENSES 10. SETTLEMENTS WITH SUBCONTRACTORS 11. GROSS MOPOSED SETTLEMENT (Ilomy 7 thru 10) 12. DISPOSAL AND OTHER CREDITS 13. NET PROPOSED SETTLEMENT (Item 11 loss 12) 14, MEVIOUS PAYMENTS TO CONTRACTOR 15. NET PAYMENT REQUESTED (Hom 13 los 14)
The undersigned, individsally and the authorized representative of the contractor, certifies that he has examined this senlement proposal and that, co the best of his knowledge and belief:
(1) AS TO CONTRACTOR'S OWN CHARGES-The proposed settlement (exclusive of charges set forth in Item 10) and supporting schedules and explanations have been prepared from the books of account and records of the contractor in ac. cordance with the terms of the contract; they include only those charges allocable to the terminated contract; they have been prepared with knowledge that they will, or may be used directly or indirectly as the basis of settlement of a claim or claims against the United States or an agency thereof; and the charges as stated are fair and reasonable.
(2) AS TO SUBCONTRACTORS' CHARGES-(a) The contractor has examined, or caused to be examined, to an ex. tent he considered necessary in the circumstances, the clains of his immediate subcontractors (exclusive of claims filed against such immediate subcontractors by their subcontractors); (b) the settlements on account of immediate subcontractors' own charges are fair and reasonable, said charges are allocable to the terminated portion of this contract and said settlements were nego. tiated in good faith and are not more favorable to his immediate subcontractors than those which the contractor would make if reimbursement by the Government were not involved; (c) the contractor has received from all his immediate subcon. tractors appropriate certibcates with respect to their claims, which certihcates are substantially in the form of this certihcate; and (d) the contractor has no information leading him to doubt (i) the reasonableness of the settlements with more re. mote subcontractors, or (ii) chat charges for them are allocable to this contract. Upon receipe by the contractor of amounts covering settlements with his immediate subcontractors, the contractor will pay or credit them prompely with the amounts so received, to the extent that he has not previously done so. The term subcontractor as used above includes suppliers.
§ 1-8.803 Formats of inventory aclieiulcs. § 1-8.803–1 Format 803–1, Inventory Schedule A (Metals in Mill Product Form).
(a) Page 1 of Format 803–1.
(b) Page 2 of Format 803–1.
INSTRUCTIONS FOR USE-INVENTORY SCHEDULE A
METALS IN MILL PRODUCT FORM
E. COMMON ITEMS.-Any items of inventory reasonably wable, without loss to the contractor on his other work, because they are materials, ports, or components, common in nature to both the terminated controd and other work of the contractor, are not to bo Iated Oxcept for items the delivery of which has been required by the Government and except for Government-furnished prop arty. (S.. Inventory Schodule Cortificato.)
lol List metals in row or primary form as furnished by the mill and on which there has been no subsequent fabricating oporg. son. Do not include costings and forgings, which are to be listed on Format 803-3. Use o now form, with continuation shoto il neconar, for each type of motol, and write the name of the metal or alloy in the "Property Classication" block proand in the upper right-hand comer of the form. Examples ano: Alloy Stool Copper
Stainless Steel Manganese Bronzo
(6) In addition, on the shoots for any such moral, list like forms of the metal or alloy together in seguonco. For example, on the shoot or shoots used to list Carbon Stoel, group together all the strip, thon follow with the shoots, then the bor stock, oke.
F. MOCEEDS OF AUTHORIZED SALE (Column g).— Insert the leto for "A" after the amount if the sale (or credit for acquisition) hos boon authorized or approved by the contracting omcor or cus Romer. Insert the latter "C" it the amount represents your ohter to acquire or soll. In either coue, quantity should also be shown con o socond lino) if less than the full quantity shown in colwmn d.
I. DESCRIPTION (Column b).-Full commercial description and weight is required for all items. C. CONDITION (Column c). -For purpose of indicating condition of material, the code indicated below should be used. quires the combination of a letter and a number in och (es E4 or N2). Use the letter "X," without a puppy Porrota rial considered to have no further value formulabogdinally be tended, but of possible salvage value other the scopf considered scrop, insert an "S." CODE. N-NEW
1-Excellent E-Used- conditioned
G. GOVERNMENT OWNED PROPERTY son grach mehr furnished property should be listed on sep.
to show that the items are Government fundisho hue Nowheir title to materials purchased by the contractor is
dm the Government, such materials should be listed and Liat data supplied.
(a) Separato Schedules. If the space provided for any information called for is insufficiont, ottoch soparato supporting Kchedulos.
(b) Continuation Shoots.-Use Format B03-2 whenever more than one page is required.
(c) Number of Copios. — The number of sets of inventory sched. ulos required will be indicatod by the contracting oMcar or the customer from whom the notice of formination is received.
D. COST (Columns • ond 1). - Any generally recognized basis for conting inventory may be used, provided it has boon regularly usd by the cou.lrocior and properly rohochs his costs.