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Subpart 14-18.6—Buy American Act 8 14-18.604 Invitation provision.

The provision set forth under FPR 1-18.604 shall be used in all solicitations for affected construction work (except for contracts executed on Standard Form 19) with the following modifications:

(a) At the end of paragraph (a) of the provision, list the excepted articles, materials, and supplies set forth under IPR 14-6.105.

(b) At the end of paragraph (b)(2)(i) of the provision, add the following: ADDITIONAL NONDOMESTIC CONSTRUCTION

MATERIALS COST COMPARISON

vessel from or to a foreign country, the contracting officer shall formally notify the contractor of the specific requirements of the Use of U.S. Flag Commercial Vessels" clause set forth under FPR 1-19.108-2. The notification shall include a statement that failure to comply with the provisions of this clause may result in a determination of nonresponsibility on future Government procurement require. ments. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301) (46 FR 61471, Dec. 17, 1981)

PART 14-26–CONTRACT

MODIFICATIONS

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Subpart 14-26.4—Novation and

Change of Name Agreements 8 14-26.402 Agreement to recognize a suc

cessor in interest. For protection of Government rights in accrual of inventions, patents and data, the novation agreement form set forth under FPR § 1-26.402(e) shall be amended by adding the following item 10 to the "Now Therefore" section of the agreement:

10. The Transferor agrees that any rights in inventions, patents, and data which accrue to the Government or to third party beneficiaries under the contracts between the Transferor and the Government shall not be diminished as a result of the transfer instruments or this agreement. (Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c), 5 U.S.C. 301) (39 FR 12103, Apr. 3, 1974, as amended at 46 FR 61471, Dec. 17, 1981)

Delivered to construction site.

(c) Add the following statement to the end of paragraph (b)(3): “However, unless the bidder/offeror specific cally states that alternate bid or proposal prices are being submitted for specific items of the bid schedule (based on prices listed for comparable domestic materials), the bid or proposal will be evaluated only on the basis of nondomestic construction materi. als.” (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301) (46 FR 61471, Dec. 17, 1981) PART 14-19—TRANSPORTATION

Subpart 14-19.1-General Sec. 14-19.108 Ocean transportation. 14-19.108-50 Contractor compliance.

Subpart 14-19.1—General 8 14-19.108 Ocean transportation. (5 U.S.C. 301) [43 FR 59842 Dec. 22, 1978) 14-19.108–50 Contractor compliance.

Concurrent with the award of any contract involving shipment by ocean

PART 14-30—CONTRACT FINANCING

Subpart 14-30.4—Advance Payments Sec. 14-30.414 Agreement for special bank ac

count and contract provisions. 14-30.414-2 Contract provisions for ad.

vance payments.
Subpart 14_30.7—Assignment

of Claims 14-30.704 Forms for assignment and notice

of assignment. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301.

Subpart 14–30.4—Advance Payments

8 14-30.414 Agreement for special bank

account and contract provisions.

[46 FR 61471, Dec. 17, 1981)

8 14-30.414-2 Contract provisions for ad

vance payments. (a) For contracts, and modifications where a special bank account agreement is not required for advance pay. ments (see FPR 1-30.413), the contract provision under FPR 1-30.414-2 shall be used as modified by paragraph (c) of this section.

(b) For contracts and modifications using the letter of credit method of financing (see FPR 1-30.408-1), the contract provision under FPR 1-30.414-2 shall be used as modified by paragraph (c) of this section.

(c) The suggested contract provisions of g 1-30.414-2 of this title may be modified, under the circumstances set forth in paragraphs (a) and (b) of this section, as follows:

(1) Paragraphs (b), (g), and (h) of $ 1-30.414-2 will be deleted.

(2) In paragraph (c) of $ 1-30.414-2 including the alternate paragraph (c) for cost-reimbursement contracts, the first two lines will be revised to read “The funds advanced will be used by the * * * "

(3) In paragraph (d) of $ 1-30.414-2, the third sentence will be revised to read “Failure of the contractor to repay such part of the unliquidated balance of advance payments when so requested by the Administering Office will be considered an event under the paragraph entitled 'Default provisions of this clause'.”

(4) Paragraph (k) of § 1-30.414-2 will be modified as follows:

(i) In the fourth default circumstance, the words the Special Bank Account” will be changed to read “the advance payment funds."

(ii) In the last three lines of the first sentence, the words "withhold further withdrawals from the special Bank ACcount and withhold further payments on this contract” will be revised to read, "withhold further withdrawals of advance payments and withhold further payments on this contract."

(iii) Delete paragraph (k)(1) of § 130.414-2 commencing with the words “Withdraw all or any part * **." If the letter of credit method of advance funding is used, paragraph (k)(1) of § 1-30.414-2 should read “(1) Revoke the letter of credit.”

(5) In the first sentence of paragraph (m) of $ 1-30.414-2, delete the phrase "together with a monthly report on the operation of the Special Bank Account in prescribed form,".

(6) Alternate paragraph (n)(1) of 81-30.414-2 will not be used because the referenced provision in paragraph (d) concerning amounts withdrawn has been deleted as described in paragraph (c)(3) of this section.

(7) Paragraph (g) of g 1-30.414-2 will be modified as follows:

(i) In the third line of the first sentence, the words "Special Bank ACcount” will be revised to read, “advance payments.”

(ii) The last sentance of the paragraph will be changed to read, “unless other security is required by the Administering Office, covenants in subcontracts, expressly made for the benefit of the Government providing for a Government lien, paramount to all other liens, on all property under such subcontract, and imposing upon the subcontractor substantially the same duties and giving the Government substantially the same rights as are provided herein between the Government and the Contract or may be considered as adequate for such subadvance."

(iii) When subadvances are authorized under contracts, the following sentence will be added to paragraph (q) of g 1-30.414-2: Not withstanding the provisions of the 'Subcontracts' clause of this contract concerning approval of subcontracts, all subcontracts and modifications thereto which authorize subadvances shall require the advance written approval of the Contracting Officer.” (41 FR 39748, Sept. 16, 1976, as amended at 46 FR 7986, Jan. 26, 1981; 46 FR 61471, Dec. 17, 1981)

Subpart 14–30.7—Assignment of

Claims

or requested audits of contractors as determined necessary or advisable by the Inspector General and may be influenced by such factors as the financial condition, intergrity, and reliabil. ity of the contractor; prior audit experience; adequacy of the accounting system; and the amount of unaudited claims. The audits may also include reviews of cost or price data for contractor's proposal for negotiated contracts

8 14-30.704 Forms for assignment and

notice of assignment. The following Department of the Interior forms are prescribed for use by all procuring activities.

(a) DI-83, Notice of Assignment. This form shall be used to provide appropriate notice of assignment of pay. ments under contracts. Instructions for the use of the form are contained on the reverse side of the form.

(b) DI-84, Instrument of Assignment. This form will be used to make assignment of payments under contracts. Procuring activities will observe the isntructions contained in Subpart 130.7 of this title concering instruments of assignment. (5 U.S.C. 301) (46 FR 7986, Jan. 26, 1981)

PART 14-63-AUDIT

Sec.
14-63.000 Scope of part.
Subpart 14-63.1-Audit of Contractor's

Records
14-63.101 Audit responsibility.
14-63.103 Requirements.
14-63.104 Clause.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), 5 U.S.C. 301. 8 14-63.000 Scope of part.

This part prescribes policies and procedures pertaining to audit of proposals, contracts, and modifications. (39 FR 15399, May 3, 1974)

8 14-63.103 Requirements.

(a) A preaward audit of proposals shall be made as required by FPR 13.809.

(1) The preaward audit shall not be waived without proper written justification (See FPR 1-3.809(b)(1)(i)).

(2) Requests for preaward audit along with pertinent documents shall be submitted to the Office of Inspector General. Except under unusual circumstances, at least 30 days should be allowed for the review and evaluation of contractor's proposals.

(b) All awards of noncompetitive contacts which exceed $25,000 shall include the “Examination of Records" clause set forth in IPR 14-63.104.

(c) In some contracts it may be appropriate to emphasize the scope or extent of an audit, such as (1) the use or dispostion of Government-furnished property or (2) variable or other special features of a contract (e.g., price escalation and compliance with the price warranty or price reduction clauses). In such cases, the contract clause in IPR 14-63.104 may be appropriately modified with the written concurrence of the Office of Inspector General.

(d) Use of the clause set forth in IPR 14-63.104 (whether or not modified) does not negate the required use of the “Examination of Records" clause prescribed in FPR 1-3.814-2(c) or the “Audit” clause prescribed in FPR 1-3.814-2(a).

Subpart 14-63.1--Audit of

Contractor's Records

SOURCE: 46 FR 61472, Dec. 17, 1981, unless otherwise noted.

8 14-63.101 Audit responsibility

The Office of Inspector General conducts or arranges for audits (i.e., examinations) of contractor's records to the extent that such audits are required or allowed by law, regulation or sound business judgement. Such audits include the conduct of periodic

$ 14-63.104 Clause.

Insert the following clause under the conditions prescribed in IPR 1463.103(b):

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EXAMINATION OF RECORDS Any Contractor receiving Federal funds agrees that the Secretary of the Interior, the Inspector General, or any of their duly authorized representatives shall, until the expiration of three years after final pay. ment under this contract or the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever ex

pires earlier, have access to, and the right to examine, any books, documents, papers and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include this provision in all contractual agreements with subcontractors.

(End of Clause)

CHAPTER 14H—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

Paras Pontes

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14H-1 General.......
14H-3 Procurement by negotiation...........
14H-30 Contract financing ............
14H-70 Contracting with Indian organizations pursuant

to the Indian Self-Determination and Education
Assistance Act....

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