§ 1-16.202-2 Conditions for use.

When offers have been submitted on Standard Form 33, Solicitation, Offer, and Award, and it is in the interest of the Government to accept a prospective contractor's offer without further negotiation, award may be accomplished by use of the Award portion of Standard Form 33, or by use of Standard Form 26, Award/Contract. When an offer submitted on Standard Form 33 leads to further negotiation, or in cases where firm offers are not made on Standard Form 33, the resulting contract may be consummated on Standard Form 26 with both parties signing the document.

[31 FR 14739, Nov. 19, 1966]

§ 1-16.401 Forms prescribed.'

The following standard forms are prescribed for use in accordance with this Subpart 1-16.4:

(a) Invitation, Bid and Award (Construction, Alteration, or Repair) (Standard Form 19, July 1973 edition). Pending the publication of a new edition of the form, the following modifications are authorized.

(1) Face of form. (i) Under the section designated "Bid", change the second sentence to read, as follows: "The undersigned further agrees, if any contract award resulting from this bid exceeds $2,000, to comply with the provisions of Standard Form 19-A, Labor Standards Provisions Applicable to Contracts in Excess of $2,000."

(ii) Under the section designated "Award", line through or otherwise delete the block and the words "Notice to proceed will be issued upon receipt of acceptable payment and performance bonds."

(2) Back of form. The Examination of Records by Comptroller General clause, the Utilization of Small Business Concerns clause and the Utilization of Minority Business Enterprises clause shall be deleted in their entirety; the Convict Labor clause prescribed by § 1-12.204 shall be substituted for the Convict Labor Clause in Article 10; the Employment of the Handicapped clause in § 1-12.1304-1 shall be added as an additional article of the General Provisions; and the following clause shall be substituted for the Payments to Contractor clause in Article 6:

6. Payments to contractor. (a) Progress payments equal to the value of the work performed shall be made monthly or at

'For a temporary regulation affecting § 116.401, see Appendix-Temporary Regulations, appearing at the end of Chapter 1.

more frequent intervals as determined by the Contracting Officer on estimates approved by him. Upon payment, therefor, title to the property shall vest in the Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made. The Contractor will notify the Government when all work is complete. Final payment will be made after final acceptance.

(b) Labor Standards Provisions Applicable to Contracts in Excess of $2,000 (Standard Form 19-A, January 1979 edition).

(c) Representations and Certifications (Construction and Architect-Engineer Contract) (Standard Form 19B, June 1976 edition). Pending the publication of a new edition of the form, the representations, Public and Private Organizations for the Handicapped or Handicapped Individuals, prescribed in § 1-1.706-9, added to the representations and certifications that appear on the form.

shall

be

(d) Invitation for Bids (Construction Contract) (Standard Form 20, January 1961 edition).

(e) Bid Form (Construction Contract) (Standard Form 21, February 1979 edition). Pending the publication of a new edition of the form, the back of the form shall be modified as follows:

(1) Change the first sentence to read:

The undersigned agrees that, upon written acceptance of this bid, mailed or otherwise furnished within calendar

days (**calendar days unless a different period is inserted by the bidder) after the date of opening of bids, he will within 15 calendar days (unless a longer period is allowed) after receipt of the prescribed forms, execute Standard Form 23, Construction Contract, and give performance and payment bonds*, as required, on Government standard forms with good and sufficient surety.

(2) Add as a footnote:

*Performance and payment bonds shall be furnished when (1) the contract award resulting from this bid exceeds $25,000, or (2) bonds are specifically required by the Invitation for Bids (Standard Form 20).

(f) Instructions to Bidders (Construction Contract) (Standard Form 22, February 1978 edition). The Late Proposals, Modifications of Proposals,

and Withdrawals of Proposals provision prescribed by § 1-3.802-1(a) or the Late Proposals, Modifications of Proposals, and Withdrawals of Proposals provision prescribed by § 1-3.802-2(b) (when authorized by the head of the agency) shall be substituted for the Late Bids, Modifications of Bids, or Withdrawal of Bids provision in Article 8 whenever the form is used in procurement by negotiation.

(g) Construction Contract (Standard Form 23, January 1961 edition).

(h) General Provisions (Construction Contract) (Standard Form 23-A, April 1975 edition). Pending the publication of a new edition of the form, the Payments to Contractor clause prescribed by § 1-7.602-7 shall be substituted for the Payments to Contractor clause in Article 7, the Convict Labor clause prescribed by § 1-12.204 shall be substituted for the Convict Labor clause in Article 28, and the Listing of Employment Openings clause set forth in § 1-12.1102-2, and the Clean Air and Water clause set forth in § 1-1.2302-2 shall be added as additional articles of the General Provisions.

[29 FR 10305, July 24, 1964, as amended at 31 FR 5880, Apr. 16, 1966; 38 FR 6675, Mar. 12, 1973; 39 FR 11268, Mar. 27, 1974; 39 FR 24010, June 28, 1974; 40 FR 48314, 48326, Oct. 14, 1975; 41 FR 3738, Jan. 26, 1976; 41 FR 27723, July 6, 1976; 42 FR 56117, Oct. 21, 1977; 43 FR 35310, Aug. 9, 1978; 44 FR 20688, Apr. 6, 1979; 44 FR 34499, June 15, 1979]

EFFECTIVE DATE NOTE: The provisions of paragraphs (a), (b), and (e) of § 1-16.401 become effective July 16, 1979. For the convenience of the user, the superseded text appears below.

§ 1-16.401 Forms prescribed.

(a) Invitation, Bid and Award (Construction, Alteration, or Repair) (Standard Form 19, July 1973 edition). Pending the publication of a new edition of the form, the Examination of Records by Comptroller General clause, the Utilization of Small Business Concerns clause and the Utilization of Minority Business Enterprises shall be deleted in their entirety; the Convict Labor clause prescribed by § 1-12.204 shall be substituted for the Convict Labor clause in Article 10; the Employment of the Handicapped clause in § 1-12.1304.1 shall be added as an addi

tional article of the General Provisions, and the following clause shall be substituted for the Payments to Contractor clause in Article 6:

6. Payments to contractor. Progress payments equal to the value of the work performed shall be made monthly or at more frequent intervals as determined by the Contracting Officer on estimates approved by him. Upon payment therefor, title to the property shall vest in the Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made. The Contractor will notify the Government when all work is complete. Final payment will be made after final acceptance.

(b) Labor Standards Provisions Applicable to Contracts in Excess of $2,000 (Standard Form 19-A, November 1972 edition). Pending the publication of a new edition of the form, the Apprentices and Trainees clause prescribed by § 1-18.703-1(c) shall be substituted for the Apprentices and Trainees clause in Article 3 and the Payrolls and Basic Records clause prescribed by § 118.703-1(d) shall be substituted for the Payrolls and Basic Records clause in Article 4.

(e) Bid Form (Construction Contract) (Standard Form 21, December 1965 edition). Pending the publication of a new edition of the form, page 2 of the form shall be modified by inserting after the words "*** and sufficient surety," the following:

The undersigned further agrees that, when reinsurance agreements are contemplated, all necessary reinsurance agreements will be on Government forms and will be executed and submitted with the bonds. However, when an additional period of days (not to exceed 45 calendar days) is authorized by the procuring activity, reinsurance agreements may be submitted within such period after the execution of the bond.

§ 1-16.402 Required use.

(a) Except as provided in § 1-12.4032,1 the forms prescribed by § 1-16.401 shall be used for fixed-price contracts, entered 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,

'Section 1-12.403-2 was removed at 38 FR 21404, Aug. 8, 1973.

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 19-B 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 FR 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 FR 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,

(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 § 13.605 for use of Standard Forms 44, 147 and 148.

[31 FR 5881, Apr. 16, 1966]

§ 1-16.404 Terms, conditions, and provisions.

(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 specifica

tions, 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 116.4 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 DefaultDamages 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 there

for 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 (subject 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 diecut 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 and Architect-Engineer Contracts)

§ 1-16.500 Scope of subpart.

This subpart prescribes forms for use in advertised and negotiated transportation and other nonpersonal service contracts (other than construction and architect-engineer contracts).

[38 FR 993, Jan. 8, 1973]

§ 1-16.501 Contract forms.

(a) Transportation contracts. Pending issuance of standard forms for use in those contracts for freight transportation services enumerated in § 17.700, Standard Form 33, Solicitation, Offer, and Award, and Standard Form 33A, Solicitation Instructions and Conditions (both illustrated at Subpart 116.9), shall be used for transportation contracts; however, the forms shall be modified to include the clauses prescribed for use by Subpart 1-7.7. In addition, the clauses prescribed in § 17.703 shall be assembled under the heading "General Provisions (Transportation Contracts),” and made an attachment to Standard Form 33. Standard Form 32, General Provisions (Supply Contract), referred to in Block 9 on the face of Standard Form 33, should be cited as not being applicable. The appropriate information, terms, and conditions prescribed in Subpart 1-19.7 shall be assembled separately under the heading of “Supplemental Provisions (Transportation Contracts)" and made an attachment to Standard Form 33. Titles for the subheadings, paragraphs, and subparagraphs in the supplemental clauses shall be those of the applicable subsections, paragraphs, and subparagraphs in Subpart 1-19.7.

(b) Other nonpersonal service contracts. The forms prescribed in §§ 116.101 and 1-16.201 for advertised and negotiated supply contracts are suitable for use in many advertised and negotiated nonpersonal service contracts (other than transportation, construction, and small purchases). Agencies are encouraged to require the use of these forms in advertised and nego