(27) Composition of Contractor (Subpart 15-7.50). (28) Gratuities (Subpart 15-7.50). Subpart 15-16.8-Miscellaneous Forms § 15-16.800 Scope of subpart. This subpart prescribes miscellaneous forms other than procurement contract forms, for use related to the procurement of supplies and services. § 15-16.850 Miscellaneous Forms. The following contract forms shall be used as set forth below. (a) Form 1900-2, Profit/Fee Objective, shall be prepared by the contract negotiator to complete his prenegotiation profit/fee position on all negotiated contracts. (b) Form 1900-3, Assignee's Release, is required to be submitted by assignee for cost-reimbursement contracts prior to final payment under the contract. (c) Form 1900-4, Assignee's Assignment of Refunds, Rebates, Credits and Other Amounts, must accompany the assignee's release prior to final payment under cost-reimbursement contracts. (d) Form 1900-5, Contractor's Assignment of Refunds, Rebates, and Credits, must be prepared by contractor prior to final payment under costreimbursement contracts and must accompany the contractor's release. (e) Form 1900-6, Contractor's Release, must be submitted by the contractor under cost-reimbursement contracts prior to final payment thereunder. (f) Form 1900-7, Request for Cost Analysis, shall be prepared by the contract negotiator to request cost advisory services on contract proposals. (g) Form 1900-8, Procurement Request/Requisition and Form 1900-8A, Continuation Sheet, shall be used for originating all procurements of personal property and nonpersonal services at Headquarters, Regional Offices, and field stations. Detailed instructions are contained in Chapter 1 of the Contracts Management Manual. (h) [Reserved] (i) Form 1900-10, Contractor's Cumulative Claim and Reconciliation, shall be used for an accounting of the cumulative charges and costs for costreimbursement contracts from the inception of the contract to completion. It shall be submitted by the contractor at the time he submits his completion voucher. (j) [Reserved] (k) Form 1900-12, Technical Evaluation of Bids/Proposals shall be used by the evaluator to provide the technical evaluation in support of final selection and award of advertised procurements. (1) Form 1900-13, Worksheet for Small Purchases, shall be used to record and tabulate written and oral quotations in accordance with FPR 13.603-2. The form, in original only, shall be prepared by hand and retained in the official procurement file. The "Award Information and Remarks" portion shall be used to record such information as: (1) Rejection of low offers and technical evaluation; (2) Justification for noncompetitive procurement; and (3) Basis for determination of price reasonableness, if other than those listed. (m) Form 1900-14, Abstract of Bids and Form 1900-14A, Continuation Sheet, shall be used to record the bid information required by FPR 1-2.403. The contracting officer or his authorized representative shall be responsible for abstracting and tabulating all bids. The abstract shall be prepared in duplicate. The original shall be made part of the official procurement file and a legible copy shall be kept in a convenient place for public examination. The following types of information relating to contract award shall be inserted in the "Remarks" block or by attached memorandum: (1) Responsiveness of lowest acceptable bid; (2) Responsibility of lowest acceptable bidder and basis for determination; (3) Citation of applicable paragraph of FPR 1-2.404-2 for rejected bids and technical evaluation; (4) Correction or waiver of minor information under FPR 1-2.405 and apparent clerical error under FPR 12.406-2; and (5) Late bid determinations. The form may also be used to tabulate proposals received under negotiated procurement. (n)-(o) [Reserved] (p) Form 1900-17, see § 15-16.501. (q) Form 1900-18, Labor Law Compliance Review, shall be used for construction contracts of $2,000 and over, and be completed by the contracting officer or his authorized representative to assure compliance with 29 CFR 5.6. (r) Form 1900-19, Contract Memorandum of Transmittal and Check List, shall be used to transmit contractual documents to higher management levels for preaward reviews and approvals. The form is mandatory for submissions to the Director, Contracts Management Division. (s) Form 1900-20, Contract Check List, shall be prepared by the negotiator for all contracts that are complete and ready for closeout. (t) Form 1900-21, Contract Records Retirement Notice, shall be completed by the Negotiator, and accompany the contract file for storage and disposal of completed contracts. (u) Form 1900-22, see § 15-6.501. (v) Form 1900-23, Statement and Acknowledgment by Contractor, shall be used by construction prime contractors to notify the Government of subcontracts awarded under the contract. (w) Form 3340-3, Contractor's or Grantee's Invention Disclosure, shall be used by contractors to report inventions made under a contract containing a patents clause. The form should be completed by the contractor within a reasonable time of making the invention. (x) Form 3340-4, Summary Report of Inventions and Subagreements or Contracts, shall be used by contractors for all contracts containing the patents and inventions clause. The contractor shall submit the report annually and again before final payment under the contract. (y) Form 1730-1, Report of Nonexpendable Government Property Acquired by Contractor, shall be completed by the contractor and submitted either with the contract voucher, or directly to the property administrator, to report nonexpendable Govern ment property acquired by the contractor. (z) Form 1900-24, see § 15-16.501. (aa) [Reserved] (bb) Form 1900-26, Contracting Officer's Evaluation of Contractor Performance, shall be used by the contracting officer to record his evaluation of contractor performance. (cc) Form 1900-27, Project Officer's Evaluation of Contractor Performance, shall be used by the project officer to record his evaluation of contractor performance. (dd) Form 1900-28, see § 15-16.501. (ee) Form 1900-30, see § 15-60.70150. (ff) Form 1900-31, Purchase Order Record. (gg) Form 1900-32, see § 15-16.401. (hh) Form 1900-33, see § 15-16.101. (ii) Form 1900-34, Guide for the Preparation of Contractor's Claims for Reimbursement of Costs and Fees Under Cost-Reimbursement Type contracts shall be inserted in all Cost-Reimbursement Type contracts awarded to contractors unfamiliar with the Guide. (jj) Form 1900-35, Request for Equal Opportunity Clearance of Contract Award is completed by appropriate contracting personnel for all anticipated awards (other than construction) over $1,000,000, to assure that the prospective contractor appears to conform with the equal opportunity clause. (kk) Form 1900-36, Project Officer Certification is used to provide a means for project officers to advise paying contracting activities whether or not the contractors actually worked on contracts during the periods covered by a submitted voucher. (11) Form 1900-37, Record of Procurement Request Review shall be used by the Contracting Officer and Small Business Specialist in reviewing requirements of procurement actions over $2,500 for potential small business participation or small business set-aside. (mm) Form 1900-38, Procurement Information Notice shall be used as the primary device of the Contracts Management Divison to rapidly communicate with field procurement personnel. (nn) Form 1900-39, Bidder's Mailing Labels, self explantory. PART 15-19-TRANSPORTATION [RESERVED] Subpart 15-19.3-Contract Delivery Terms [Reserved] PART 15-26-CONTRACT MODIFICATIONS Subpart 15-26.4-Novation and § 15-26.404 Processing novation and change of name agreements. (a) Any EPA procuring activity upon being notified of a successor in interest to, or change of name of, one of its contractors, shall promptly report such information by memorandum to the Director of Contracts Management Division. (b) To avoid duplication of effort on the part of EPA activities in preparing and executing agreements to recognize a change of name or successor in interest, only one supplemental agreement will be prepared to effect necessary changes for all contracts between EPA and the contractor involved. The Chief of the Contracts Policy and Review Branch will, in each case, designate the activity responsible for taking all necessary and appropriate action with respect to either recognizing or not recognizing a successor in interest, or recognizing a change of name agreement, including without limitation the following: (1) Obtain from the contractor a list of all affected contracts, the names and addresses of the activities responsible for these contracts, and the required documentary evidence. (2) Verify the accuracy of the list of contractors through the Contract Information System. (3) Draft and execute a supplemental agreement to one of the contracts affected but covering all applicable outstanding and incomplete contracts affected by the transfer of assets or change of name. A supplemental agreement number need not be obtained for contracts other than for the one under which the supplemental agreement is written. The supplemental agreement will contain a list of the contracts affected and, for distribution purposes, the names and addresses of the activities having contracts subject to the supplemental agreement. (c) Agreements and supporting documents covering successor in interest shall be reviewed for legal sufficiency by the Associate General Counsel for Grants, Contracts and General Administration Division. Change of name agreements may be approved by the contracting officer. (d) After execution of the supplemental agreement, the designated activity shall: (1) Forward an authenticated copy of the supplemental agreement to the Director of Contracts Management Division. (2) Advise each of the affected activities, by memorandum, of the consummation of the supplemental agreement and request that an administrative change be issued for each affected contract. (A copy of the supplemental agreement should be enclosed.) (e) For each such affected contract, the contracting officer shall prepare an administrative change (S.F. 30) acknowledging the change of name or successor in interest. The administrative change will receive the same distribution as the affected contract. The administrative change will indicate the nature of the transaction, the result attained, and will cite the number of the contract with which the original relevant documentary and supplemental agreement are filed. Sec. 15-30.410 Findings, determinations and au thorizations. 15-30.414-2 Contract provisions for advance payments. AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). SOURCE: 38 FR 20836, Aug. 3, 1973, unless otherwise noted. Subpart 15-30.1-Forms of Financing § 15-30.103 Advance payments—authority. (a) In considering whether cash advances are appropriate in a particular situation, and to determine the requirements for implementing advances, the contracting officer should be guided by this EPPR, the FPR (Subparts 30.1 and 30.4), Department of the Treasury Circular 1075 and part VI of the Department of the Treasury Fiscal Requirements Manual. (b) Cash advances by the EPA shall be limited to the minimum amounts needed by the contractor for the performance of the contract. The advances shall be timed in accord with the contractor's actual cash requirements. (c) Department of the Treasury Circular 1075 (revised April 16, 1969) authorizes two methods for making cash advances: the letter of credit and the Treasury check. Normally, the method to be used will be chosen as follows (however, pending development and approval of the Agency's systems and procedures to deal with letters of credit, only the Treasury check method will be used): (1) If the agency does not expect to have a continuing relationship with the contractor for at least one year, advances will be made by Treasury check. (2) If the agency expects to have a continuing relationship with the contractor for at least one year involving total annual advances of less than $250,000, advances will be made by Treasury check. (3) If the agency expects to have a continuing relationship with the contractor for at least one year involving total annual advances of $250,000 or more, advances will be made by use of a letter of credit. (d) The EPA may request from the Department of Treasury specific approval of other methods of making advance payments, if they appear to be as advantageous to the Government as the Treasury check or letter of credit methods. § 15-30.104-1 Letters of credit. (a) The letter of credit method provides EPA, the contractor and the Department of Treasury with a mechanism specially designed to enable the contractor to obtain cash from the Treasury promptly and with such frequency as may be necessary based upon the contractor's own determination of when and how much cash is actually needed for its disbursements. (b) A letter of credit, which must be executed by an authorized certifying officer of the agency, gives the contractor the authority to draw directly on the Treasury, through its commercial bank (acting as its agent) and either a Federal Reserve Bank (acting as agent of the Treasury) or the Cash Division, Office of the Treasurer of the United States, subject to any monetary and other limits established by the program agency. Withdrawals must be made by authorized officials of the contractor's organization who have been designated by it and approved by the agency's certifying offi (a) Interest will be charged on all advance payments at the rate of six percent per annum on the unliquidated balance; Provided, however, That advance payments may be approved without interest in connection with (1) nonprofit contracts with nonprofit educational or research institutions for experimental, research, and development work, (2) contracts solely for the management and operation of Government-owned plants, or (3) other classes of cases where specifically authorized by the Director, Contracts Management Division, AMAC. (b) If the contract provides for interest-free advances to the contractor, it shall nonetheless provide that interest will be charged at the rate of six percent per annum on advances made or used for the purpose of making subadvances to the subcontractors; Provided, however, That such contract may provide that interest will not be charged on subadvances in connection with subcontracts without fee or profit with nonprofit education or research institutions for experimental, research, or developmental work. § 15-30.406 Responsibility-delegation of authority. (a) Requests to make advance payments shall be forwarded to the chief officer responsible for procurement at the contracting activity. Such requests shall include, at a minimum: (1) A proposed determinations and findings prepared in the format suggested in § 130.410, altered to meet the condition or circumstances of the procurement action, (2) the information required in §§ 1-30.411 and 1-30.412, and (3) proposed contract provisions as set out in § 1-30.414-2. The chief officer responsible for procurement at the contracting activity shall sign all determinations and findings which authorize advance payments and will approve all contract provisions relating to advance payments. Prior to signing advance payment determinations and findings, the chief officer responsible for procurement at the contracting activity shall obtain the advice and concurrence of the Director, Financial Management, AMRF, or his designee. The Financial Management Division will make arrangements with the Treasury Department for all advance payments, including the establishment of Federal Reserve Letters of Credit, and will also make arrangements with other Government agencies when EPA use of their Federal Reserve Letters of Credit is expedient. § 15-30.410 Findings, determinations and authorizations. 41 U.S.C. 255 shall be cited as authority for advance payments. § 15-30.414-2 Contract provisions for advance payments. The appropriate contract provisions suggested in § 1-30.414-2 shall be used to authorize advance payment. Pro |