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8 1-16.902-OF-61 Optional Form 61: Small Business Subcontracting Program

Quarterly Report of Participating Large Company on Subcontract Commitments

to Small Business Concerns. (a) Page 1 of Optional Form 61.

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GENERAL INSTRUCTIONS 1. This report is to be submitted for each calendar quarter by all contractors maintaining SMALL BUSINESS SUBCONTRACT. ING PROGRAMS, and required to report. The original and ons of each report shall be submitted to:

PECIMEN

Reports shall be submitted the deindel. Dafter the close of the quarter being reported. Datu pertaining to individual companies 'vill be reted a Holland 2. Each reporting company, diminish dr plaer shall report the required information for the reporting unit as a whole on the basis of the total "mix" of confident agency business (e.fr commitment for subcoatracting work shall not be segregated as between subcoa acts under primc or under subcontracts).

SPECIFIC INSTRUCTIONS ITEM 1. Specify the agency and ks representative who established reporting arrangements under the Subcontracting Small Business Program. 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. ITEM 32. Enter the neg dollar amount of the commitments made by the reporting organization during the quarter to small business concerns for agency (sce Item 1) subcontracts and purchases. The repor.'ng company may accept the representation of a supplier that it is a small business concern under Definition No. 1.

b. Encei the net dollar amounts of commitments made by the reponing organization duriog the quarter to large business conceras for agency (sce Icem 1) subcontracts and purchases.

c. Enter the total nec dollar amount of commitments made by the reporting organization during the quurter to all business concerns for agency (see Item 1) subcontracts and purchases, ITEM 6. Self explanatory. ITEM 7. Enter the date (day, month, year) this report is submitted.

DEFINITIONS 1. SMALL BUSINESS CONCER.V. A small business concern is a concern that meets the pertinent criteria established by the Small Business Administration and set forth in Tide 13, Chapter 1, Part 121 of the code of Federal Regulations. 2. 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 'scock inventory and, where reasonably determined to be attributable to such, agency contracting, purchases of plant maintenance, repair, operation, and capital equipment, engering into the performance of such agency supp!y, service or facility contract received by that business concern from (i) the

(INSTRUCTIUNS CONTINUED ON REVERSE)

3061-101

OPTIONAL FORM NO. 61
June 1968
FPR (41 CFR) 1-16.804

(b) Page 2 of Optional Form 61.

agency (see Item 1), or (ii) another business concern. Procurement of Experimental, Development and Research work is to be included. 3. 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. 4. 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 2 above, except purchases from a company, division, or plant which is an affiliate of the reporting company.

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[89 F.R. 17295, Nov. 22, 1968)

NOTE: Agencies may entor tho lotters N.A. (meaning not avallable) in each block where data is called for by the forms and the data is not available by the close of the first reporting period (1.e., June 30, 1969) because of necessary changes in systems employed to collect the data.

§ 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. 8 1-16.903–DJ-1500 Form DJ-1500: Identical Bid Report for Procurement.

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COMPLETING REPORT

PART 1-17-EXTRAORDINARY CON

Sec.

1-17.205-1 General Imitations. TRACTUAL ACTIONS TO FACILI

1-17.205–2 Additional limitations below 100 TATE THE NATIONAL DEFENSE

retarial level.

1-17.206 Contractual requirements. Bec.

1-17.207 Requests by contractors. 1-17.000 Scope of part.

1–17.207–1 Fuling requests. Subpart 1-17,1—General

1-17.207-2 Form of requests.

1-17.207-3 Preliminary record of requests. 1-17.101 Authority.

1-17.2074 Facts and evidence.
1-17.102 General policy.

1-17.208 Processing cases.
1-17.103
Types of actions.

1-17.208-1 Investigation.
1-17.104
Definitions.

1-17.208–2 Interagency coordination,
1-17.105
Reports.

1–17.208–3 Disposition.

1-17.208-4 Records.
Subpart 1-17.2-Requests for Contractual
Adjustment

Subpart 1-17.3-Residual Powers
1-17.200 Scope of subpart.

1-17.300 Scope of subpart. 1-17.201 [Reserved]

1-17.301 Statutory limitation on delega1-17.202 (Reserved]

tion of authority. 1-17.203 (Reserved]

1-17.302 Standards for using residual 1-17.204 Standards for dedding cases.

powers. 1-17.204–1 General.

1-17.303 Procedures. 1-17.204–2 Amendments without considera 1-17.304 Records.

tion. 1-17.204-3 Mistakes.

Subpart 1-17.4--Records of Requests and 1-17.2044 Informal commitments.

Dispositions 1-17.205 Limitations upon exercise of 1-17.400 Scope of subpart. authority.

1-17.401 Preliminary recorde.

plack

of these

3 emplo

Sec.

officials the power to make further dele 1-17.402 FMnal records.

gations of such authority within their 1-17.403 Sample format for preliminary

respective organizations. However, mand final records,

der the Act and the Executive Order, auSubpart 1-17.5-Act and Executive Order thority to approve actions obligating tho 1-17.500 Scope of subpart.

United States in an amount in excess of 1-17.501 The Act of August 28, 1958 (Pub- $50,000 may not be delegated below the

lic Law 85-804; 50 U.S.C. 1431- secretarial level, as defined in g 1–17.104 1435).

(b). 1-17.502 Executive Order No. 10789 of November 14, 1958.

§ 1-17.102 General policy. AUTHORITY: The provisions of this part (a) Authority conferred by the Act 1-17 issued under sec. 205(c), 63 Stat. 390; shall be delegated in a manner which 40 U.S.C. 486(c).

will best serve the interests of the naSOURCE: The provisions of this Part 1-17

tional defense and, at the same time, reappear at 29 F.R. 10348, July 24, 1964, unless tain control over the exercise of the otherwise noted.

authority at a level within the agency § 1-17.000 Scope of part.

which is high enough to insure uniform

ity of action. As distinguished from the normal (b) The authority conferred by the principles and procedures set forth in Act shall not be utilized so as to enthe other parts of the FPR, this part courage carelessness and laxity on the establishes uniform regulations for en- part of persons engaged in the defense tering into and amending or modifying effort nor be relied upon where other contracts to facilitate the national de- adequate legal authority exists. fense under the extraordinary, emer- (c) The actions authorized under the gency authority granted by the Act of Act shall be processed as expeditiously as August 28, 1958, Public Law 85–804 (50 practicable consistent with the care, reU.S.C. 1431-1435), set forth in § 1-17.501, straint, and exercise of sound judgment, hereinafter referred to in this Part 1-17 appropriate to such extraordinary auas "the Act," and Executive Order No. thority. 10789 of November 14, 1958 (3 CFR, 19541958 Comp., pp. 426 428), as amended by

§ 1-17.103 Types of actions. Executive Order No. 11051 of Septem- The following three types of actions ber 27, 1962 (3 CFR, 1959-1963 Comp., may be taken by or pursuant to the dipp. 635-644), set forth in § 1-17.502, rection of an approving authority under hereinafter referred to in this part 1-17 the Act: as "the Executive Order."

(a) Contractual adjustments such as

amendments without consideration, corSubpart 1-17.1-General

rection of mistakes, and formalization of § 1-17.101 Authority.

informal commitments (see Subpart

1-17.2). (a) The Act empowers the President to authorize departments and agencies

(b) Making advance payments (proexercising functions in connection with

cedures for making such payments are the national defense to enter into con- set forth in Subpart 1-30.4). tracts or into amendments or modifica- (c) Exercise of “residual powers," tions of contracts and to make advance which refers to all other authority under payments, without regard to other pro- the Act (see Subpart 1-17.3). visions of law relating to the making,

8 1-17.104. Definitions. performance, amendment, or modification of contracts, whenever he deems As used in this part 1-17, the following that such action would facilitate the terms have the meanings set forth: national defense. (Similar authority (a) “Approvin authority" means an was formerly contained in Title II of the official or a contract adjustment board First War Powers Act, 1941, which, as having authority to approve actions unextended, expired June 30, 1958.)

der the Act. This authority is dis(b) The Executive Order authorizes tinguished from authority to take apthe head of each agency named therein propriate contractual action pursuant to to delegate the authority conferred upon such approval. him thereby to any other officials within (b) "Secretarial level" means an offhis agency, and to confer on any such cial at or above the level of an assistant

cases.

head of an agency or his deputy, and a 81-17.201 [Reserved) contract adjustment board.

1-17.202 [Reserved] (c) “Defense contract" means an agreement of any kind (whether in the 1-17.203 [Reserved] form of a letter of intent, purchase order, § 1-17.204 Standards for deciding or otherwise) for property or services necessary, appropriate, or convenient for

8 1-17.204_1 General. the national defense.

The mere fact that losses occur under § 1-17.105 Reports.

a defense contract is not, by itself, a suf(a) The Act and the Executive Order ficient basis for the exercise of the auprovide that each agency shall, by thority conferred by the Act. Whether, March 15 of each year, submit to the in a particular case, appropriate action Congress a report of all actions taken such as amendment without considerawithin the agency under the authority of tion, correction of a mistake or ambithe Act during the preceding calendar guity in a contract, or formalization of year.

an informal commitment, will facilitate (b) The report shall show the infor- the national defense is a matter of sound mation set forth in (1) below for all ac- judgment to be made on the basis of all tions approved, and in (2) below for all the facts of such case. Although it is obactions denied. In addition, for each viously impossible to predict or enumerapproved action which involves actual or ate all the types of cases with respect potential cost to the Government in ex- to which action may be appropriate, excess of $50,000, the report shall show: amples of certain cases or types of cases name of contractor, actual cost or esti- where action may be proper are set forth mated potential cost, description of prop- in $$ 1–17.204–2 through 1-17.204_4. erty or services involved, and a statement Even if all of the factors contained in of the circumstances justifying the any of the examples are present, other action.

factors or considerations in a particular (1) For actions approved:

case may warrant denial of the request (i) The total number of actions, total These examples are not intended to exdollar amount requested, and total dollar clude other cases where an approving amount approved; and

authority determines that the circum(11) By type of action (amendments stances warrant action. without consideration, correction of mis

§ 1-17.204–2 Amendments without con. takes, formalization of informal commit

sideration. ments, and such other actions as appropriate), the number of actions, dollar

(a) Where an actual or threatened amount requested, and dollar amount

loss under a defense contract, however

caused, will impair the productive ability approved.

of a contractor whose continued per(2) For actions denied:

formance on any defense contract or (i) The total number of actions and

whose continued operation as a source total dollar amount requested; and

of supply is found to be essential to the (ii) By type of action, the number of national defense, the contract may be actions and dollar amount requested. adjusted but only to the extent neces

(c) The report should omit any infor- sary to avoid such an impairment of the mation which is classified “Confidential" contractor's productive ability. or higher.

(b) Where a contractor suffers a loss (d) A report is not required if no ac- (not merely a diminution of anticipated tion (either approving or denying relief)

profits) on a defense contract as a result was taken under the authority during of Government action, the character of the year.

the Government action will generally Subpart 1-17.2-Requests for

determine whether any adjustment in Contractual Adjustment

the contract will be made and its extent.

Where the Government action is di§ 1-17.200 Scope of subpart.

rected primarily at the contractor and This subpart sets forth standards and is taken by the Government in its capacprocedures for the disposition of re- ity as the other contracting party, the quests for contractual adjustment under contract may be adjusted if fairness so the Act.

requires; thus, where such Government

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