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§ 1-16.902-OF 61 Optional Form 61: Subcontracting Program
Quarterly Report of Participating Large Company on Sub-
contract Commitments (To Small Business Concerns, Minority
Business Enterprises, and Labor Surplus Area Concerns).
(a) Page 1 of Optional Form 61.

SUBCONTRACTING PROGRAM QUARTERLY REPORT OF
PARTICIPATING LARGE COMPANY ON SUBCONTRACT COMMITMENTS

(To Small Business Concerns, Minority Business Enterprises, and Labor Surplus Area Concerns) 1. CONTRACTING AGENCY AND REPRESENTATIVE

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GENERAL INSTRUCTIONS

1. This report is to be submitted for each calendar quarter by all contractors maintaining SMALL BUSINESS, MINORITY BUSI NESS 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 close of the quarter being reported. Data pertaining to individual companies 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

ITEM 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 (1).

ITEM 2.--Enter the day, month and year 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 (e.g. division or plant) which is covered by the data submitted. A company may 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 FORM 61 (Rev. 6-78)
FPR (41 CFR) 1-16.804

(b) Page 2 of Optional Form 61.

ITEM 50.--Enter the net dollar amount of the commitments made by the reporting organization during the quarter to small business concerns for agency (see Item 1) subcontracts and purchases. The reporting company may accept the representation of a supplier that it is a small business concern under Definition No. 1.

b.-- Enter the net dollar amounts of commitments made by the reporting organization during the quarter to large business concerns for agency (see Item 1) 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 (see Item 1) subcontracts and purchases.

ITEM 68.—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 enterprise 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 (see Item 1) 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 (see Item 1) subcontracts and purchases.

ITEM 7a.—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.

c.--Enter the total net dollar amount of commitments made by the reporting

agency (see Item 1) subcontracts and purchases.

ITEM 8.-Self explanatory.

ITEM 9.—Enter the date (day, month, year) this report is subinted.

mization during the quarter to all business concerns for

SPECIMEN

1. SMALL BUSINESS CONCERN.-A small busing once

Business Administration and set forth in Title 13, Chapte

2. MINORITY BUSINESS ENTERPRISE.

minority group members or, in case of publicly

ncern that meets the pertinent criteria established by the Small the Code of Federal Regulations.

Pusiness enterprise is a "business, at least 50 percent of which is owned by at least 51 percent of the stock of which is owned by minority group members." For the purpose of this definitionnipolity group members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American Eskimos, and American lyts.

3. LABOR SURPLUS AREA CONCERN.br surplus area concern is a concern that together with its first tier subcontractors will perform substantially in labor surplus area(s) ideweffied by the Department of Labor at the time of contract award as an area of concentrated unemployment or underemployment or area of labor surplus. (See 20 CFR 654.) The term "perform substantially 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. SUBCONTRACTS AND PURCHASES.--Subcontracts and purchases as used herein means procurement by a business concern of any article, material or service, including agency (see 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 (see Item 1), or (ii) another business concern. Procurement of Experimental, Development and Research work is to be included.

5. COMMITMENTS.-Commitments as used herein means contracts, purchase orders 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 orders 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, except purchases from a company, division, or plant which is an affiliate of the reporting company.

★ U.S. GOVERNMENT PRINTING OFFICE: 1979-0-200-481 052

[44 FR 18671, Mar. 29, 1978]

OPTIONAL FORM 61 Back (Rev. 6-78)

§ 1-16.903 Department of Justice forms.

Department of Justice forms are illustrated in this section in the same manner and for the same purpose as is stated in § 1-16.901 for standard forms.

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§ 1-17.000 Scope of part.

As distinguished from the normal principles and procedures set forth in the other parts of the FPR, this part establishes uniform regulations for entering into and amending or modifying contracts to facilitate the national defense under the extraordinary, emergency authority granted by the Act of August 28, 1958, Public Law 85-804 (50 U.S.C. 1431-1435), set forth in § 117.501, hereinafter referred to in this Part 1-17 as "the Act," and Executive Order No. 10789 of November 14, 1958 (3 CFR, 1954-1958 Comp., pp. 426428), as amended by Executive Order No. 11051 of September 27, 1962 (3 CFR, 1959-1963 Comp., pp. 635-644), set forth in § 1-17.502, hereinafter referred to in this Part 1-17 as "the Executive Order."

Subpart 1-17.1-General

§ 1-17.101 Authority.

(a) The Act empowers the President to authorize departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. (Similar authority was formerly contained in Title II of the First War Powers Act, 1941, which, as extended, expired June 30, 1958.)

(b) The Executive Order authorizes the head of each agency named therein to delegate the authority conferred upon him thereby to any other officials within his agency, and to confer on any such officials the power to make further delegations of such au

thority within their respective organizations. However, under the Act and the Executive Order, authority to approve 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).

§ 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).

§ 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 distinguished from authority to take appropriate contractual action pursuant to such approval.

(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.

§1-17.105 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 justifying 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.

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

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