Page images
PDF
EPUB

(g) Research and development costs PART 15-16—PROCUREMENT FORMS (including amounts capitalized), re

Sec. gardless of their nature, which were

15-16.000 Scope of part. incurred in accounting periods prior to the award of a particular contract, are

Subpart. 15-16.1-Forms for Advertised unallowable except where allowable as

Supply Contracts precontract costs (See OMB Circular

15-16.100 Scope of subpart. No. A-122 dated June 27, 1980, Attach

15-16.101 Contract forms.

15-16.104-50 Listing of additional proviment B, page 20).

sions to Standard Form 32, General Pro(h) The reasonableness of expendi visions (Supply Contract) (April 1975 tures for independent research and de edition). velopment should be determined in Subpart 15-16.2—Forms for Negotiated Supply light of all pertinent consideration

Contracts (Reserved) such as previous contractor research

Subpart 15-16.3—Purchase and Delivery Order and development activity, costs of past

Forms (Reserved] programs and changes in science and technology. Such expenditures should Subpart 15-16.4—Forms for Advertised be pursuant to a broad planned pro

Construction Contracts gram, which is reasonable in scope and

15-16.400 Scope of subpart. well managed. Such expenditures (es 15-16.401 Contract forms. pecially for development) should be 15-16.404-53 Listing of alterations and adscrutinized with great care in connec ditional provision to Standards Form tion with contractors whose work is

23A, General Provisions (Construction predominately or substantially with

Contract) (April 1975 edition), the EPA. Advance agreements as de Subpart 15-16.5—Forms for Advertised and scribed in 41 CFR 1-15.107 are particu- Negotiated Nonpersonal Service Contracts larly important in this situation. In (Other Than Construction and Architect-Engirecognition that cost sharing of the neer Contracts) contractor's independent research and

15-16.500 Scope of subpart. development program may provide

15-16.501 Contract forms. motivation for more efficient accom- 15-16.550 Additional provisions to Standplishment of such program, it is desir ard Form 32, General Provisions (Seryable in some cases that the EPA bear ice Contract) (April 1975 edition). less than an allocable share of the 15-16.551 Listing of general provisions for total cost of the program. Under these

a fixed-price type research and develop

ment contract. circumstances, the following are

15-16.552 Listing of general provisions for among the approaches which may be a cost-reimbursement type research and used as the basis for agreement:

development contract (with fixed fee). (1) Review of the contractor's pro

15-16.554 General provisions for cost-reim

bursement type contracts with educaposed independent research and devel

tional and other nonprofit institutions. opment program and agreement to accept the allocable costs of specific

Subpart 15-16.6—Forms for Leases for Real projects;

Property (Reserved) (2) Agreement on a maximum dollar

Subpart 15-16.7—Forms for Negotiated limitation of costs, an allocable por

Architect-Engineer Conracts tion of which will be accepted by the 15-16.700 Scope of subpart. EPA;

15-16.701-50 Contract forms.

15-16.703-50 Additional general provisions (3) An agreement to accept the allo

to Standard Form 253 (April 1975). cable share of a percentage of the contractor's planned research and devel

Subpart 15-16.8—Miscellaneous Forms opment program.

15-16.800 Scope of subpart.

Sec.
15-16.850 Miscellaneous forms.
AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 42 FR 33745, July 1, 1977, unless otherwise noted.

(b) Additional clauses prescribed by the FPR shall be added when applicable.

Subpart 15-16.2-Forms for Negotiat

ed Supply Contracts [Reserved]

Subpart 15-16.3-Purchase and Delivery of Order Forms (Reserved]

Subpart 15-16.4—Forms for Advertised Construction Contracts

$ 15–16.000 Scope of part.

This part prescribes the EPA forms used for incorporation of the general provisions in EPA contracts and the additional articles to the general provisions. The clauses are listed for each form in the same arrangement as in the form. A citation following each clause listed identifies it as either an FPR clause, or if prescribed as an additional article to a standard form by FPR, or as an EPA clause. This part also illustrates the format of a letter contract, and identifies and prescribed miscellaneous forms.

$ 15-16.400 Scope of subpart.

This subpart prescribes the EPA form and lists those clauses added to the standard form prescribed by FPR Subpart 1-16.4 for use in procuring construction by formal advertising.

8 15-16.401 Contract forms.

Subpart 15-16.1-Forms For Advertised Supply Contracts

& 15-16.100 Scope of subpart.

This subpart prescribes the EPA form and lists those clauses added to the standard form prescribed by FPR Subpart 1-16.1 for use in procuring supplies by formal advertising.

8 15-16.101 Contract forms.

The additional provisions listed in $ 15-16.104-50 are reproduced on EPA Form 1900-33.

$ 15-16.104-50 Listing of additional provi.

sions to Standard Form 32, General Provisions (Supply Contract) (April

1975 Edition). (a) Additional provisions. 26. Termination for the Government (FPR

1-8.701).
Federal, State, and Local Taxes (FPR 1-
11.401-1).
Authorization and Consent (Subpart 15-

7.1). 29. Clean Air and Water (prescribed by FPR

1-16.101(c)). 30. Disabled Veterans and Veterans of the

Vietnam Era (prescribed by FPR 1

16.101(c)). 31. Employment of the Handicapped (pre

8 15-16.404-53 Listing of alterations and

additional provisions to Standard Form 23A, General Provisions (Construction Contract) (April 1975 edi

tion). Additional provisions listed in § 1516.404-53 are reproduced on EPA Form 1900-32.

(a) Alterations and additonal provisions: 7. Payments to Contractor (prescribed by

FPR 1-16.401(h)). 15. Convict Labor (prescribed by FPR 115. Convict Labor (prescribed by

16.401(h)). 32. Disabled Veterans and Veterans of the

Vietnam Era (prescribed by FPR 1

16.401(h)). 33. Clean Air and Water (prescribed by FPR

1-16.401(h)). 34. Employment of the Handicapped. 35. Subcontractor Cost or Pricing Data

Price Adjustments (FPR 1-3.814-3(b)). 36. Price Reduction for Detective Cost or

Pricing Data-Price Adjustments (FPR

1-.814.1(b)). 37. Audit (FPR 1-3.814-2). 38. Composition of Contractor (Subpart 15

7.6). 39. Subcontractors (Subpart 15-7.6). 40. Interest (FPR 1-7.203-30). 41. Notice and Assistance Regarding Patent

and Copyright Infringement (FPR1

7.103-4). 42. Notice to the Government of Labor Dis44. Performance of Work by Contractor

scribed by FPR 1-16.101(c)). 32. Convict Labor (prescribed by FPR 1

16.101(c)).

putes (FPR 1-7.203-3). 43. Samples and Certificates (Subpart 15

7.6).

(Subpart 15-7.6). 45. Use of Premises (Subpart 15-7.6). 46. Safety and Health (Subpart 15-7.6). 47. Guarantees (Subpart 15-7.6). 48. Layout of Work (Subpart 15-7.6). 49. Cleaning Up (Subpart 15-7.6). 50. Modification Proposals—Price Break

down (Subpart 15-7.6). 51. Breakdown For Payment Estimates

(Subpart 15-7.6). 52. Specifications and Drawing (Subpart 15

7.6). 53. Rights In Shop Drawings (Subpart 15

7.6). 54. As-Built Drawings (Subpart 15-7.6). 55. Standard References (Subpart 15-7.6). 56. Progress Charts and Requirements for

Overtime Work(Subpart 15-7.6). (b) Additional clauses prescribed by the FPR shall be added when applica

$ 15-16.550 Additional provisions to

Standard Form 32, General Provisions

(Service Contract) ( April 1975 edition). (a) Additional provisions. 26. Changes (Subpart 15-7.1). 27. Termination for Convenience of the

Government (FPR 1-8.705-1). 28. Inspection of Services (Subpart 15-7.1). 29. Insurance (FPR 1-7.303-46). 30. Payments (substitution for clause no. 7

in the Standard Form 32). (Subpart 15

7.1). 31. Interest (FPR 1-7.203-15). 32. Audit (FPR 1-3.814-2). 33. Federal, State, and Local Taxes (FPR 1

11.401.-1). 34. Price Reduction for Defective Cost or

Pricing Data-Price Adjustments (FPR

1-3.814.1(b)). 35. Disabled Veterans and Veterans of the

Vietnam Era (prescribed by FPR 1

16.101(c)). 36. Authorization and Consent (Subpart 15

7.1). 37. Protection of Government Buildings,

Equipment, and Vegetation (Subpart 15

ble.

7.1).

Subpart 15-16.5—Forms for Adver

tised and Negotiated Nonpersonal Service Contracts (Other Than Construction and Architect-Engineer Contracts)

§ 15-16.500 Scope of subpart.

This subpart prescribes the FPA forms for nonpersonal service contracts, lists additions to Standard From 32 when used for service contracts, lists clauses incorporated in the general provisions of other categories of nonpersonal service contracts, and illustrates the format of a letter contract.

38. Service Contract Act of 1965, as amend

ed (FPR 1-12.904-1). 39. Government Property (FPR 1-7.303-7

(a)). 40. Employment of the Handicapped. 41. Clean Air and Water (prescribed by FPR

1-16.101(c)). 42. Cost Accounting Standards (FPR 1

3.1204 (a)). 43. Administration of Cost Accounting

Standards (FPR 1-3.1204 (b)). 44. Convict Labor (prescribed by FPR 1

16.101(c)). (b) Additional clauses prescribed by the FPR shall be added when applica

ble.

$ 15-16.501 Contract forms.

The additional provisions to Standard Form 32 are reproduced on EPA Form 1900-24; the listing of clauses for a fixed-price type research contract are reproduced on EPA Form 1900-22;; the listing of clauses for a cost-reimbursement type research and development contract with a fixed fee are reproduced on EPA Form 1900-17; the listing of clauses for a cost-reimbursement type contract with educational and other nonprofit institutions are reproduced on EPA Form 1900-28. EPA Form 1900-28 is only used when the contractor receives no fee.

& 15-16.551 Listing of general provisions

for a fixed-price type research and de.

velopment contract. (a) Listing of general provisions. (1) Definitions (FPR 1-7.102-1). (2) Payments (FPR 1-7.302-2). (3) Standards of Work (FPR 1-7.302-3). (4) Inspection (FPR 1-7.302-4(b)). (5) Assignment of Claims (FPR 1-30.703). (6) Examination of Records by Comptroller

General (FPR 1-7.103-3). (7) Federal, State, and Local Taxes (FPR 1

11.401-1). (8) Utilization of Small Business Concerns

(FPR 1-1710-3(a)). (9) Default (FPR 1-8.710). (10) Termination for Convenience of the

Government (FPR 1-8.701).

(11) Disputes (FPR 1-7.102-12). (12) Buy American Act Supply and Service

Contracts (FPR 1-6.101-5). (13) Convict Labor (prescribed by FPR 1

12.204). (14) Walsh-Healey Public Contracts Act

(FPR 1-12.605). (15) Contract Work Hours and Safety

Standards Act-Overtime Compensation

(FPR 1-12.303). (16) Equal Opportunity (FPR 1-12.803-2). (17) Officials Not To Benefit (FPR 1-7.102

17). (18) Covenant Against Contingent Fees

(FPR 1-1.503). (19) Notice and Assistance Regarding

Patent and Copyright Infringement

(FPR 1-7.103-4). (20) Patent Rights-Acquisition by the Gov.

ernment (FPR 1-9.107-5(a)). (21) Utilization of Labor Surplus Area Con

cerns (FPR 1-1.805-3(a)). (22) Pricing of Adjustments (FPR 1-7.102

(1) Definitions (FPR 1-7.102-1). (2) Limitation of Cost (FPR 1-7.202-3(a)). (3) Allowable Cost, Fixed Fee, and Payment

(FPR 1-7.202-4). (4) Standards of Work (FPR 1-7.320-3). (5) Inspection (FPR 1-7.402-5(c). (6) Assignment of Claims (FPR 1-30.703). (7) Examination of Records by Comptroller

General (FPR 1-7.103-3). (8) Subcontracts (FPR 1-7.402-8). (9) Utilization of Small Business Concerns

(FPR 1-1710-3(a)). (10) Utilization of Labor Surplus Area Con

cerns (FPR 1-1.805-3(a)). (11) Utilization of Minority Business Enter

prises (FPR 1-1.1310-2(a)). (12) Termination for Default or for Conven

ience of the Government (FPR 1-8.702). (13) Disputes (FPR 1-7.102-12). (14) Buy American Act Supply and Service

Contracts (FPR 1-6.101-5). (15) Convict Labor (prescribed by FPR 1

12.204). (16) Contract Work Hours and Safety

Standards Act-Overtime Compensation

(FPR 1-12.303). (17) Walsh-Healey Public Contracts Act

(FPR 1-12.605). (18) Equal Opportunity (FPR 1-12.803-2). (19) Officials Not To Benefit (FPR 1-7.102

20).

17).

(23) Utilization of Minority Business Enter

prises (FPR 1-1.1210-2(a)). (24) Payment of Interest on Contractors'

Claims (FPR 1-1.322(b)). (25) Employment of the Handiapped. (26) Clean Air and Water (prescribed by

FPR 1-1.2302). (27) Printing (Subpart 15-7.3). (28) Interest (FPR 1-7.203-15). (29) Changes (FPR 1-7.304-1). (30) Rights in Data (Subpart 15-7.3). (31) Data Requirements (Subpart 15-7.3). (32) Cost Accounting Standards (FPR 1

3.1204-1). (33) Administration of Cost Accounting

Standards (FPR 1-3.1204-2). (34) Price Reduction for Defective Cost or

Pricing Data (FPR 1-3.814-1(a)). (35) Subcontractor Cost or Pricing Data

(FPR 1-3.814-3). (36) Audit (FPR 1-3.814-2). (37) Background Patent Rights (Subpart

15-7.3). (38) Disabled Veterans and Veterans of the

Vietnam Era. (39) Special Provisions for Educational and

Other Nonprofit Institutions (Terminations for convenience of the Govern

ment) (FPR 1-8. 704-1). (40) Gratuities (Subpart 15-7.3). (41) Authorization and Consent (Subpart

15-7.3). (b) Additional clauses prescribed by the FPR shall be added when applicable.

(20) Covenant Against Contingent Fees

(FPR 1-1.503). (21) Notice and Assistance Regarding

Patent and Copyright Infringement

(FPR 1-7.103-4). (22) Patent Rights-Acquisition by the Gov

ernment (FPR 1-9.107-5(a)). (23) Payment for Overtime Premiums (FPR

1-7.202-29). (24) Compensation in Subcontracting (FPR

1-7.202-30). (25) Audit (FPR 1-3.814-2(a)). (26) Price Reduction for Defective Cost or

Pricing Data (FPR 1-3.814-1(a)). (27) Subcontractor Cost or Pricing Data

(FPR 1-3.814-3). (28) Disabled Veterans and Veterans of the

Vietnam Era. (29) Payment of Interest on Contractors'

Claims (FPR 1-1.322). (30) Employment of the Handiapped. (31) Excusable Delays (FPR 1-8.708). (32) Clean Air and Water (FPR 1-1.2302-2). (33) Printing (Subpart 15-7.4). (34) Interest (FPR 1-7.203-15). (35) Changes (FPR 1-7.304-5). (36) Rights in Data (Subpart 15-7.4). (37) Data Requirements (Subpart 15-7.4). (38) Cost Accounting Standards (FPR 1

3.1204-1). (39) Negotiated Overhead Rates (FPR 1

3.704-1). (40) Administration of Cost Accounting

Standards (FPR 1-3.1204-2). (41) Gratuities (Subpart 15-7.4).

§ 15-16.552 Listing of General provisions

for a cost-reimbursement type research and development contract (with fixed

fee). (a) Listing of general provisions.

(5) Late bid determinations. The ment property acquired by the conform may also be used to tabulate pro tractor. posals received under negotiated pro (z) Form 1900-24, see § 15-16.501. curement.

(aa) [Reserved) (n)-(o) [Reserved]

(bb) Form 1900-26, Contracting Offi(p) Form 1900-17, see § 15-16.501. cer's Evaluation of Contractor Per

(q) Form 1900–18, Labor Law Com formance, shall be used by the conpliance Review, shall be used for con tracting officer to record his evaluastruction contracts of $2,000 and over, tion of contractor performance. and be completed by the contracting

(cc) Form 1900-27, Project Officer's officer or his authorized representa- Evaluation of Contractor Performtive to assure compliance with 29 CFR ance, shall be used by the project offi5.6.

cer to record his evaluation of contrac(r) Form 1900-19, Contract Memo tor performance. randum of Transmittal and Check (dd) Form 1900-28, see § 15-16.501. List, shall be used to transmit contrac- (ee) Form 1900-30, see § 15-60.701tual documents to higher management 50. levels for preaward reviews and appro- (ff) Form 1900-31, Purchase Order vals. The form is mandatory for sub- Record. missions to the Director, Contracts (gg) Form 1900-32, see § 15-16.401. Management Division.

(hh) Form 1900-33, see § 15-16.101. (s) Form 1900-20, Contract Check (ii) Form 1900-34, Guide for the List, shall be prepared by the negotia- Preparation of Contractor's Claims for tor for all contracts that are complete Reimbursement of Costs and Fees and ready for closeout.

Under Cost-Reimbursement Type con(t) Form 1900-21, Contract Records tracts shall be inserted in all Cost-ReRetirement Notice, shall be completed imbursement Type contracts awarded by the Negotiator, and accompany the to contractors unfamiliar with the contract file for storage and disposal Guide. of completed contracts.

(jj) Form 1900-35, Request for Equal (u) Form 1900-22, see § 15-6.501.

Opportunity Clearance of Contract (v) Form 1900-23, Statement and Ac- Award is completed by appropriate knowledgment by Contractor, shall be contracting personnel for all anticipatused by construction prime contrac- ed awards (other than construction) tors to notify the Government of sub- over $1,000,000, to assure that the contracts awarded under the contract. prospective contractor appears to con

(w) Form 3340-3, Contractor's or form with the equal opportunity Grantee's Invention Disclosure, shall clause. be used by contractors to report inven (kk) Form 1900-36, Project Officer tions made under a contract contain: Certification is used to provide a ing a patents clause. The form should means for project officers to advise be completed by the contractor within paying contracting activities whether a reasonable time of making the inven- or not the contractors actually worked tion.

on contracts during the periods cov(x) Form 3340-4, Summary Report ered by a submitted voucher. of Inventions and Subagreements or (11) Form 1900-37, Record of ProContracts, shall be used by contractors curement Request Review shall be for all contracts containing the pat- used by the Contracting Officer and ents and inventions clause. The con- Small Business Specialist in reviewing tractor shall submit the report annual requirements of procurement actions ly and again before final payment over $2,500 for potential small busiunder the contract.

ness participation or small business (y) Form 1730-1, Report of Nonex- set-aside. pendable Government Property Ac- (mm) Form 1900-38, Procurement quired by Contractor, shall be com Information Notice shall be used as pleted by the contractor and submit- the primary device of the Contracts ted either with the contract voucher, Management Divison to rapidly comor directly to the property administra- municate with field procurement pertor, to report nonexpendable Govern sonnel.

« PreviousContinue »