for the Schedule and Continuation Sheet.

(2) No clause on DD Form 1270 may be deleted or altered, and no other clause covering the subject matter of any clause set forth in ASPR may be used (including the clauses required by §§ 1.707-3 and 1.805-3(a) of this chapter) except:

(i) Deletions and additions of clauses authorized for use by overseas activities may be made in accordance with Departmental procedures;

(ii) The "Variation in Quantity" clause (§ 7.103-4 of this subchapter) and implementing provisions may be inserted in the Schedule where appropriate;

(iii) The "Preference for Certain Domestic Commodities" clause (§ 6.305 of this subchapter) may be inserted in the Schedule, where required by Subpart C, Part 6 of this subchapter.

(iv) When the contract is for the procurement of supplies and data or solely for data, one of the clauses set forth in §§ 9.203 through 9.206 of this chapter shall be added when required by the instructions contained in Subpart B, Part 9 of this chapter.

(v) The "Soviet-Controlled Areas" clause (§ 6.403 of this subchapter) shall be inserted in the Schedule where appropriate;

(vi) Where the contract is for services, the Termination for Convenience of the Government clause set forth in § 8.705 of this subchapter shall be inserted in the Schedule, and Paragraph 7 of the General Provisions deleted;

(vii) The "Priorities, Allocations and Allotments" clause (§ 7.104-18 of this subchapter) may be inserted in the Schedule where required; and

(viii) The "Federal, State and Local Taxes" clause (§ 11.401-1 of this subchapter) may, in the discretion of the contracting officer, be inserted in the Schedule.

(ix) The procedures set forth in § 4.604 of this chapter will be followed when required by Subpart F, Part 4, of this chapter, Humane Slaughter of Livestock.

(x) where the contract is for Military Assistance Program items, the "United States Products (Military Assistance Program)" certificate and clause (see §§ 6.703-3 and 6.703-4 of this chapter) shall be inserted in the Schedule, and

Paragraph 10 of the General Provisions (Foreign Supplies) deleted.

(xi) The "New Material" and "Government Surplus" clauses (see § 1.1208 of this chapter) may be inserted in the Schedule.

(xii) Where inspection and acceptance are at origin, where contract administration is performed at origin, where delivery at multiple destinations is required, or where otherwise appropriate, the "Material Inspection and Receiving Report" clause (see § 7.105-7 of this chapter) may be inserted in the Schedule.

(xiii) Where Government property having an acquisition cost of more than $25,000 is to be furnished, the Government Property (Fixed-Price) clause in § 13.702 of this chapter shall be inserted in the Schedule; and where Government property having an acquisition cost of $25,000 or less is to be furnished, the Government-Furnished Property (Short Form) clause in § 13.710 of this chapter shall be inserted in the Schedule.

(xiv) When appropriate, the Commercial Warranty clause (see § 1.323-2 (c)) may be used in accordance with the provisions of that paragraph; and

(xv) Pending revision of DD ASPR Form 1270 (June 1964 edition), the Interest clause (see § 163.118 of this chapter) shall be inserted in the Schedule when the contract exceeds $2,500.

(c) Long form negotiated supply contracts. (1) Except as provided in paragraphs (a) (3) and (b) of this section, DD Form 1261 (Negotiated Contract) shall be used with Standard Form 32 (General Provisions (Supply Contract)), any other forms containing contract provisions which are prescribed by this subchapter or Departmental procedures, and Standard Form 36 (Continuation Sheet) for entering into negotiated fixed-price type supply contracts to which Subpart A, Part 12 of this chapter, is applicable.

(2) Except as provided in paragraph (a) (3) of this section, DD Form 1261 (Negotiated Contract) shall be used with DD-ASPR Form 748 (General Provisions-Cost-Reimbursement Supply Contracts, any other forms containing contract provisions which are prescribed by this subchapter or Departmental procedures, and Standard From 36 (Continuation Sheet) for entering into negotiated cost-reimbursement type con

tracts to which Subpart B, Part 12 of this 1 chapter, is applicable.

(d) Special negotiated contracts. DD = Form 1261 (Negotiated Contracts) may be used for special procurements, where clauses other than those on DD Form I 1270, Standard Form 32, or DD Form 748 have been authorized. For example, Ecost-reimbursement type research and development contracts with clauses prescribed by Subpart D, Part 7 of this chapter; contracts for stevedoring services; time and materials contracts; personal and professional services contracts; and contracts for instruction of I military personnel at educational instiEtutions.

(e) Corporate certificate. Where a corporate certificate is considered necessary or desirable, it may be executed on a typed sheet, identified by contract number, and attached to DD Form 1261.1

(f) Schedule and continuation sheet. Standard Form 36 (Continuation Sheet) shall be used for the Schedule and Continuation Sheets; however, where the columns thereon are not required, a blank sheet may be used in lieu thereof, provided the contract number, page number, and name of contractor are shown thereon.

(g) Effective date. The effective date shown on DD Form 1261 is the date agreed to by the contracting parties as the date on which the terms and conditions of the contract take effect. This date may be different from the signature dates and is used for such purposes as establishing a base time from which delivery schedules may be established (see §1.305-3(a) (2)). The effective date does not necessarily determine the fund obligation date which normally is the date when a mutually binding agreement is reached (see 21-131). If referred to in the contract schedule the effective date shall always be identified as the "effective date" and should not be later than any performance or delivery dates set forth in the schedule. The effective date should be filed in prior to forwarding for contractor signature.

[25 F.R. 14312, Dec. 31, 1960, as amended at 28 F.R. 4892, May 16, 1963; 29 F.R. 2841, Feb. 29, 1964; 29 F.R. 6939, May 27, 1964; 30 F.R. 1764, Feb. 9, 1965; 30 F.R. 6013, Apr. 29, 1965; 30 F.R. 12021, Sept. 21, 1965]

1Filed as part of the original document.

§ 16.203 Request for Proposals and Proposal, Schedule/Continuation Sheet Amendment to Request for Proposals, Acceptance of Proposal (DD Forms 746, 746-1 or 1155c or Standard Form 36 or Blank Sheet, DD Forms 746s, 746–2).

[30 F.R. 14902, Dec. 2, 1965]

§ 16.203-1 General.

The following forms are prescribed for use under the conditions set forth in § 16.203-2 in effecting negotiated fixedprice procurement of supplies or services (other than personal):

(a) Request for Proposals and Proposal (Negotiated Fixed-Price Contract) (DD Form 746); (Reverse side of DD Form 746r);

(b) Schedule, Request for Proposals and Proposal (DD Form 746-1 until Departmental stocks on hand are exhausted, at which time DD Form 1155c or, as prescribed in § 16.202(f), Standard Form 36 or a blank sheet, whichever is appropriate, may be used as the Schedule/Continuation Sheet with DD Forms 746, 746s and 746-2);

(c) General Provisions (Supply Contract) (Standard Form 32) (only when procuring supplies);

(d) Any other forms containing contract provisions which are prescribed by this subchapter or Departmental procedures;

(e) Acceptance of Proposal (Negotiated Fixed-Price Contract) (DD Form 746-2);

(f) Continuation

Sheet (see paragraph (b) of this section); and (g) Amendment to Request for Proposals (DD Form 746s) when needed. [30 F.R. 14902, Dec. 2, 1965]

§ 16.203-2 Conditions for use.

(a) DD Form 746 and 746-1 or other appropriate Schedule/Continuation Sheet as prescribed in § 16.203-1(b) (together with authorized contract provisions) shall be used in connection with the negotiation of fixed-price contracts for supplies or services (other than personal) when it appears desirable to commence negotiations by soliciting written offers which, if there is written acceptance by the Government, would create a binding contract without further action. Prospective offerors shall be requested to return only two signed copies

of their proposals. Pending revision of the DD Form 746r (1 December 1963 edition), a current listing of alterations to DD Form 746r is contained in F-200.746.

(b) When proposals have been submitted on DD Forms 746 and 746-1 and it is in the interest of the Government and is in accordance with § 3.805-1(b) of this chapter to accept a prospective contractor's proposal without further negotiation, price and other factors considered, DD Form 746-2 shall be used. In such instances, the contract will consist of the appropriate documents listed in § 16.203-1.

(c) When a proposal submitted by a prospective contractor leads to further negotiation, the resulting contract shall be prepared in accordance with § 16.202, except that: (1) If the circumstances are such that the prospective contractor can amend its proposal in writing to reflect any necessary changes, the amended proposal may be accepted on DD Form 746-2; or (2) if all the terms and conditions agreed to as a result of such further negotiation are specifically and clearly set forth in identifiable writings, but such writings are unsuitable or too voluminous to permit acceptance of the amended proposal on DD Form 746-2 and if the circumstances of the procurement require prompt acceptance of the modified proposal, the proposal as thus modified by such further negotiation may be accepted by the issuance of a notice of award in substantially the format set forth below.

In cases within

terms and conditions of the contract] for the furnishing of ----------, at a total price of ------, is accepted and award is hereby made.

A contract in the usual form, dated and numbered as set forth above, incorporating all the terms and conditions of the contract hereby created is being prepared and will be forwarded to you in the near future.

This contract is authorized by and has been negotiated pursuant to 10 U.S.C. 2304 (a)( ).

By

UNITED STATES OF AMERICA

(Name) Contracting Officer (d) Standard Form 32, if applicable, and any other general provisions may be attached to each copy of the Request for Proposals. Alternatively, one copy only of Standard Form 32 and any other general provisions need be furnished to each supplier, for retention, if such provisions are specifically incorporated by reference, including each form name, number and date, in the Schedule/Continuation Sheet of the DD Form 746. Provisions which are inapplicable to a particular procurement, or to military procurements generally, may be deleted by appropriate reference in an "Alterations in Contract" clause.

(e) When a cost breakdown is required in connection with a proposal, the appropriate form of the DD Form 633series shall be used to the extent provided in § 16.206.

(f) This section does not preclude the use of the purchase order forms prescribed in Part 16, Subpart C of this subchapter.

(g) When it is necessary to issue an amendment to a request for proposals, DD Form 746s (Amendment to Request for Proposals) shall be used.

[25 F.R. 14312, Dec. 31, 1960, as amended at 26 F.R. 9643, Oct. 12, 1961; 30 F.R. 14902, Dec. 2, 1965]

§ 16.203-3 Instructions regarding late proposals.

The Request for Proposals block on the face of DD Form 746 may be modi- ! fied so as to specify a time, as well as a date, by which proposals are to be received at the issuing office.

[29 F.R. 6939, May 27, 1964]

P

I tract to be performed within the United States, its possessions or Puerto Rico and to which Subpart B, Part 12 of this chapter, is applicable. It may be used in conjunction with cost-sharing and cost-plusincentive-fee contracts only when approI priately modified. It contains all of the clauses required by § 7.203 of this chapter and some of the clauses set forth in §§ 7.204 and 7.205. The addition of other clauses set forth in Subpart B, Part 12 of this chapter, or of other clauses not inconsistent with this subchapter shall be accomplished by appending such I clauses as "Additional General Provisions", numbered consecutively. The deletion and modification of clauses contained in the form or in the "Additional = General Provisions" shall be accomI plished by appropriate reference or provision in an "Alterations in Contract" clause. These instructions must be read in conjunction with Subpart B, Part 12 of this chapter, to make certain that current clauses are in use at all times. [30 F.R. 6014, Apr. 29, 1965]

DD-ASPR Form 748 and any "Additional General Provisions" may be attached to each copy of the Request for Quotations. Alternatively, only one copy of DD-ASPR Form 748 and any "Additional General Provisions" need be furnished to each offeror, for retention, if such provisions are specifically incorporated by reference, including each form name, number and date, in Standard Form 18. In either case, one copy of DD-ASPR Form 748 and any "Additional General Provisions" shall be attached to each executed contract.

[30 F.R. 6014, Apr. 29, 1965]

§ 16.205 General provisions; FixedPrice Supply Contracts (Standard Form 32).

Any negotiated contract to which Part 7, Subpart A, of this subchapter is applicable will include Standard Form 32. The addition of other clauses set forth in Part 7, Subpart A, of this subchapter, or of other clauses not inconsistent with ASPR, shall be accomplished by including such clauses as "Additional General Provisions" numbered consecutively. The deletion or modification of clauses contained in the form or in the "Additional General Provisions" shall be accomplished by appropriate reference or provision in an "Alterations in Contract" clause. These instructions must

§ 16.206-2

DD Form 633 (Contract Pricing Proposal).

DD Form 633 shall be used whenever cost analysis is required: Provided, however, That departures from the DD Form 633 format are authorized in the following circumstances:

(a) The contractor may submit necessary information in a format acceptable to the contracting officer where the contractor's accounting system makes the use of this form impracticable; or when required for a more effective and efficient presentation of cost or pricing information: Provided, That in either case the information furnished includes pertinent details as to cost elements with the specific statements, authorizations, and authentications, required by DD Form 633 or by the special cost or price analysis forms listed in § 16.206-3; or

(b) The Special Cost and Price Analysis Forms referenced in § 16.206-3 may be used.

[30 F.R. 14094, Nov. 9, 1965]

§ 16.206-3 DD Forms 633-1, 633-2, 633-3, and 633-4.

The following forms may be used as appropriate:

(a) DD Form 633-1 (Cost and Price Analysis-Technical Personnel Services Procurement);

(b) DD Form 633-2 (Cost and Price Analysis-Contract Negotiations for Technical Publications Preparation); (c) DD Form 633-3 (Cost and Price Analysis-Motion Picture Procurement);

or

DD Form 784 (Cost Analysis for Contract Price Redetermination) is designed to assure, to the fullest extent practicable, the uniform submission of cost data by contractors when such data are required for contract price redetermination. Contractor reproduction of the form is authorized.

[25 F.R. 14313, Dec. 31, 1960]

§ 16.207-2 Conditions for use.

(a) DD Form 784 shall be prepared by the contractor for the submission of cost information required for contract price redetermination except in those instances where the contractor and the contracting officer have agreed upon an alternate method of cost analysis presentation. Any alternate method used shall include, to the maximum degree possible, the information called for by DD Form 784. During the negotiation which may result in a redeterminable or incentive type contract, the contractor shall be advised of the requirement for the use of DD Form 784 or the alternate method and this requirement shall be contained in the contract.

(b) DD Form 783 (Royalty Report (Foreign and Domestic)) is approved for use as the separate schedule required by paragraph (p) of Specific Instructions of DD Form 784.

[30 F.R. 14094, Nov. 9, 1965]

Subpart C-Purchase and Delivery Order Forms

§ 16.302 Purchase order invoicevoucher (Standard Form 44).

Standard Form 44 is authorized for use to accomplish small purchases in accordance with § 3.608-8 of this chapter. [30 F.R. 6014, Apr. 29, 1965]

§ 16.303 Order for supplies or services (DD Forms 1155, 1155r, 1155c, 1155c-1, and 1155s).

Order for supplies or services, DD Form 1155 series, shall be used to accomplish small purchases in accordance with §3.608-1 of this chapter.

[30 F.R. 6014, Apr. 29, 1965]

§ 16.304 Blanket purchase order.

See Subpart F, Part 3 of this chapter, and particularly § 3.605.

[30 F.R. 6014, Apr. 29, 1965]

Subpart D-Construction and Architect-Engineer Contract Forms and Formats

SOURCE: The provisions of this Subpart D appear at 30 F.R. 6014, Apr. 29, 1965.

§ 16.400 Scope of subpart.

This subpart prescribes forms and formats for use in construction and architect-engineer contracts and for dismantling, demolition and removal contracts.

§ 16.401

Advertised construction contract forms.

§ 16.401-1 General.

The following forms are prescribed for use in formally advertised construction contracts where the work is to be performed in the United States, its possessions, or Puerto Rico:

(a) Standard Form 19-Invitation, Bid and Award (Construction, Alteration, or Repair). Pending revision of the January 1959 edition of this form, (1) delete clauses 9 and 10 of the General Provisions on the reverse thereof; and (2) substitute the following small business representation for that in the Bid section of the form: "That he [ ] is, [] is not, a small business concern. (For this purpose, a small business concern is a business concern, including its affiliates, which (i) is independently owned and operated, (ii) is not dominant in the field of operation in which it is bidding on Government contracts, and (iii) had average annual receipts for the preceding three fiscal years not exceeding $7,500,000. For additional informa