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8 1-16.902-OF 61 Optional Form 61: Subcontracting Program

Quarterly Report of Participating Large Company on Subcontract Commitments (To Small Business Concerns, Minorit;

Business Enterprises, and Labor Surplus Area Concerns). (a) Page 1 of Optional Form 61.

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ĠENERAL INSTRUCTIONS 1. This report is to be submitted for cach calendar quarter by all contractors maintaining SMALL BUSINESS, MINORITY BUSINESS ENTERPRISE, and/or LABOR SURPLUS AREA SUBCONTRACTING PROGRAM(S), and required to report. The original and

- copies of each report shall be submitted to:

Reports shall be submitted not more than 25 calendar days after the clouc of the quarter being reported. Daua pertaining to individual companics will be treated as confidential

2. Each reporting company, division or plant shall report the required information for the reporting unit as a whole on the basis of the total "mix" of contracting agency business (eg, commitments for subcontracting work shall not be segregated as between subcontracts under prime or under subcontracts).

SPECIFIC INSTRUCTIONS MEM 1.-Specify the agency and its representative who established reporting arrangements under the small business, minority business enterprise, and/or labor surplus arca subcontracting program(s).

ITEM 2.-Enter the day, month and vear of the first and last days of the period covered by this report.

ITEM 3.--Enter the name of the reporting company or subdivision thereof (c.g. division or plant) which is covered by the data submitted. A company mas elect to report on a corporate, division or plant basis.

ITEM 4.--If the report is for a division, plant or other subdivision of a company, enter the name of the company of which the reporting subdivision is a part

(INSTRUCTIONS CONTINUED ON REVERSE) 5061-104

OPTIONAL FO
FPR (41 CFR) 1-16.804

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ITEM S. Enter the net dollar amount of the commitments made by the reporting organization during the quarter to small business concerns for agency (see liem I) subcontracts and purchases. The reporting company may accept the representation of a suppler that it is a small business concern under Definition No. I. .

b. - Enter the net dollar amounts of commitments made by the reporting organization during the quarter to large business concerns for agency (see liom I) subcontracts and purchases.

C. Enter the total net dollar amount of commitments made by the reporting organization during the quarter to all business concerns for agency (seo Item I) subcontracts and purchases.

MEM 60.--Enter the net dollar amount of the commitments made by the reporting organization during the quarter to minority business enterprises for agency (see Item 1) subcontracts and purchases. The reporting company may accept the representation of a supplier that it is a minority business enterpris under Definition No. 2.

b.- Enter the net dollar amounts of commitments made by the reporting organization during the quarter to other than minority business enterprises for agency (ses Item I) subcontracts and purchases.

c.--Enter the total nei dollar amount of commitments made by the reporting organization during the quarter to all business concerns for agency (see lien ) subcontracts and purchases.

MEM 70.-Enter the net dollar amount of the commitments made by the reporting organization during the quarter to labor surplus area concerns for agency (see Item 1) subcontracts and purchases. The reporting company may accept the representation of a supplier that it is a labor surplus area concern under Definition No. 3.

b. -Enter the net dollar amounts of commitments made by the reporting organization during the quarter to other than labor surplus area concerns for agency (see Item 1) subcontracts and purchases. 6.--Enter the total net dollar amount of commitments made by the repor

zation during the quarter to all business concerns for agency (see Item I) subcontracts and purchases.

ITEM &-Sell explanatory.
ITEM 9.- Enter the date (day, month, year) this report is

1. SMALL BUSINESS CONCERN. A small business

Woncern that meets the pertincnt criteria established by the Small Business Administration and sit forth in Title 13, Chaptec,

The Code of Federal Regulations. 2 MINORITY BUSINESS ENTERPRISE. porit parintos enterprise is a "business, at least 50 percent of which is owned by minority group members or, in case of publicly W pogin , at least 51 percent of the stock of which is owned by minority group mernben." For the purpose of this definition pinoky crou hembers are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American Eskimos, and perc u yts.

3. LALOR SURPLUS AREA CONCERN.-n surplus arca concern is a concern that together with its first tier subcontracton will perform substantially in labor surplus area(s) idemeted by the Department of Labor at the time of contract award as an area of concentratrd unemployment or underemployment or arca of labor surplus. (See 20 CFR 654.) The term "perform substantialks in labor surplus arca(s)" means that the costs incurred on account of manufacturing, production, or appropriate services in labor surplus areas exceed 50% of the contract price.

4. SUDCONTRACTS AND PURCHASES.--Subcontracts and purchases as used herein means procurement by a business concern of any article, material or service, including agency (sco Item 1) portion of stock inventory and, where reasonably determined to be attributable to such agency contracting. purchases of plant maintenance, repair, operation, and capital equipment, entering into the performance of such agency supply, service or facility contract received by that business concern from (i) the agency (ses Item 1), or (ü) another busincu concem. Procurement of Experimental, Development and Research work is to be included.

S. COMMITMENTS.- Commitments as used herein means contracts, purchase order or other legal obligations executed by the reporting Company for goods and services to be received by the reporting Company. Commitments shall include increases to purchase order and contracts less downward adjustments to purchase orders and contracts as a result of contract changes, cut-backs. or terminations.

6. SUBCONTRACT AND PURCHASE COMMITMENTS.-Subcontract and purchase commitments will include all commitments (net, after adjustments) to a supplier of subcontracted or purchased articles, materials or services, as defined in 3 above, cxcepe purchases from a company, division, or plant which is an affiliate of the reporting company,

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§ 1-16.903 Department of Justice forms.

Department of Justice forms are illustrated in this section in the same manne and for the same purpose as is stated in § 1-16.901 for standard forms. § 1-16.903-DJ-1500 Form DJ-1500: Identiral Bid Report for Procurement.

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PART 1-17–EXTRAORDINARY CON- Sec.

1-17.501 The Act of August 28, 1958 TRACTUAL ACTIONS TO FACILI

(Public Law 85-804; 50 U.S.C. 1431TATE THE NATIONAL DEFENSE

1435).

1-17.502 Executive Order No. 10789 of NoSec.

vember 14, 1958. 1-17.000 Scope of part.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c).
Subpart 1-17.1-General

SOURCE: 29 FR 10348, July 24, 1964, unless 1-17.101 Authority.

otherwise noted. 1-17.102 General policy. 1-17.103 Types of actions.

§ 1-17.000 Scope of part. 1-17.104 Definitions.

As distinguished from the normal 1-17.105 Reports.

principles and procedures set forth in Subpart 1-17.2–Requests for Contractual

the other parts of the FPR, this part

establishes uniform regulations for enAdjustment

tering into and amending or modifying 1-17.200 Scope of subpart.

contracts to facilitate the national de1-17.201-1-17.203 (Reserved)

fense under the extraordinary, emer1-17.204 Standards for deciding cases. gency authority granted by the Act of 1-17.204-1 General.

August 28, 1958, Public Law 85-804 (50 1-17.204-2 Amendments without considera U.S.C. 1431-1435), set forth in $ 1tion.

17.501, hereinafter referred to in this 1-17.204-3 Mistakes.

Part 1-17 as "the Act," and Executive 1-17.204-4 Informal commitments. 1-17.205 Limitations upon exercise of au

Order No. 10789 of November 14, 1958

(3 CFR, 1954-1958 Comp., pp. 426thority. 1-17.205-1 General limitations.

428), as amended by Executive Order 1-17.205-2 Additional limitations below

No. 11051 of September 27, 1962 (3 secretarial level.

CFR, 1959-1963 Comp., pp. 635-644), 1-17.206 Contractual requirements.

set forth in § 1-17.502, hereinafter re1-17.207 Requests by contractors.

ferred to in this part 1-17 as "the Ex1-17.207-1 Filing requests.

ecutive Order." 1-17.207-2 Form of requests. 1-17.207-3 Preliminary record of requests. 1-17.207-4 Facts and evidence.

Subpart 1-17.1—General 1-17.208 Processing cases. 1-17.208-1 Investigation.

§ 1-17.101 Authority. 1-17.208-2 Interagency coordination.

(a) The Act empowers the President 1-17.208-3 Disposition.

to authorize departments and agencies 1-17.208-4 Records.

exercising functions in connection

with the national defense to enter into Subpart 1-17.3—Residual Powers

contracts or into amendments or modi1-17.300 Scope of subpart.

fications of contracts and to make ad1-17.301 Statutory limitation on delegation vance payments, without regard to of authority.

other provisions of law relating to the 1-17.302 Standards for using residual making, performance, amendment, or powers.

modification of contracts, whenever 1-17.303 Procedures.

he deems that such action would fa1-17.304 Records.

cilitate the national defense. (Similar Subpart 1-17.4–Records of Requests and

authority was formerly contained in

Title II of the First War Powers Act, Dispositions

1941, which, as extended, expired June 1-17.400 Scope of subpart.

30, 1958.) 1-17.401 Preliminary records.

(b) The Executive Order authorizes 1-17.402 Final records.

the head of each agency named there1-17.403 Sample format for preliminary

in to delegate the authority conferred and final records.

upon him thereby to any other offi

cials within his agency, and to confer Subpart 1-17.5—Act and Executive Order

on any such officials the power to 1-17.500 Scope of subpart.

make further delegations of such au

thority within their respective organizations. However, under the Act and the Executive Order, authority to ap prove actions obligating the United States in an amount in excess of $50,000 may not be delegated below the secretarial level, as defined in § 117.104(b).

(b) "Secretarial level” means an official at or above the level of an assistant head of an agency or his deputy, and a contract adjustment board.

(c) “Defense contract" means an agreement of any kind (whether in the form of a letter of intent, purchase order, or otherwise) for property or services necessary, appropriate, or convenient for the national defense.

§ 1-17.102 General policy.

(a) Authority conferred by the Act shall be delegated in a manner which will best serve the interests of the national defense and, at the same time, retain control over the exercise of the authority at a level within the agency which is high enough to insure uniformity of action.

(b) The authority conferred by the Act shall not be utilized so as to encourage carelessness and laxity on the part of persons engaged in the defense effort nor be relied upon where other adequate legal authority exists.

(c) The actions authorized under the Act shall be processed as expeditiously as practicable consistent with the care, restraint, and exercise of sound judgment, appropriate to such extraordinary authority.

§ 1-17.103 Types of actions.

The following three types of actions may be taken by or pursuant to the direction of an approving authority under the Act:

(a) Contractual adjustments such as amendments without consideration, correction of mistakes, and formalization of informal commitments (see Subpart 1-17.2).

(b) Making advance payments (procedures for making such payments are set forth in Subpart 1-30.4).

(c) Exercise of “residual powers," which refers to all other authority under the Act (see Subpart 1-17.3).

8 1-17.105 Reports.

(a) The Act and the Executive Order provide that each agency shall, by March 15 of each year, submit to the Congress a report of all actions taken within the agency under the authority of the Act during the preceding calendar year.

(b) The report shall show the information set forth in (1) below for all actions approved, and in (2) below for all actions denied. In addition, for each approved action which involves actual or potential cost to the Government in excess of $50,000, the report shall show: name of contractor, actual cost or estimated potential cost, description of property or services involved, and a statement of the circumstances justi. fying the action.

(1) For actions approved: (i) The total number of actions, total dollar amount requested, and total dollar amount approved; and

(ii) By type of action (amendments without consideration, correction of mistakes, formalization of informal commitments, and such other actions as appropriate), the number of actions, dollar amount requested, and dollar amount approved.

(2) For actions denied:

(i) The total number of actions and total dollar amount requested; and

(ii) By type of action, the number of actions and dollar amount requested.

(c) The report should omit any information which is classified “Confidential” or higher. dentia

(d) A report is not required if no action (either approving or denying relief) was taken under the authority during the year.

§ 1-17.104 Definitions.

As used in this part 1-17, the following terms have the meanings set forth:

(a) “Approving authority” means an official or a contract adjustment board having authority to approve actions under the Act. This authority is distin. guished from authority to take appropriate contractual action pursuant to such approval.

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