(c) Prior to the execution of such agreement one copy of each of the following, as applicable, shall be deposited by the contractor with the Department concerned:

(1) A properly authenticated copy of the instrument by which the transfer of assets was effected, as for example, a bill of sale, certificate of merger, indenture of transfer, or decree of court;

(2) A list of all contracts, letter contracts, and purchase orders, which have not been finally settled between the Department concerned and the transferor, showing the contract number, the name and address of the respective procuring activities involved; and, if determined necessary, the total dollar value of each contract as amended, the type of contract involved, and the balance remaining unpaid;

(3) A certified copy of the resolutions of the Boards of Directors of the corporate parties authorizing the transfer of assets;

(4) A certified copy of the minutes of any stockholders meetings of the corporate parties necessary to approve the transfer of assets;

(5) A properly authenticated copy of the certificate and articles of incorporation of the transferee if such corporation was formed for the purpose of receiving the assets involved in the performance of the Government contracts;

(6) An opinion of counsel for the contractor parties that the transfer was properly effected in accordance with applicable law; and to the extent necessary;

(7) Evidence of the capability of the transferee to perform the contracts;

(8) Balance sheets of the transferor and the transferee as of dates immediately prior to and after the transfer of assets; and

(9) Evidence of security clearance requirements.

(10) Consent of sureties on all contracts listed under subparagraph (2) of this paragraph where bonds were required.

§ 16.505-3 Agreement to recognize change of name of contractor.

(a) Where only a change of name is involved, so that the rights and obligations of the parties remain unaffected, an agreement between the Department concerned and the contractor shall be executed effecting the amendment of all existing contracts between the parties so as to reflect the contractor's change of name. A form for such an agreement, which shall be adapted for specific cases, is set forth below.

AGREEMENT (MAR. 1956)

This agreement, entered into as of... 19, by and between the ABC Corporation [formerly the XYZ Corporation and hereinafter sometimes referred to as the "Contractor"], a corporation duly organized and existing under the laws of the State of

and the United States of America, represented by the Department of the (hereinafter referred to as

11)

the "Government").

WITNESSETH:

Whereas the Government, represented by various Contracting Officers of the Department of the

has entered into certain contracts, letter contracts and purchase orders with the XYZ Corporation, [namely:

or [as set forth in the attached list marked "Exhibit A" to this Agreement and herein incorporated by reference;] and the term "the Contracts" as hereinafter used means the above contracts, letter contracts, and purchase orders, and all other contracts, letter contracts, and purchase orders, including amendments and change orders thereto, entered into between the Government, represented by various Contracting Officers of the Department of the

and the Contractor (whether or not performance and payment have been completed and releases executed, if the Government or the Contractor has any remaining rights, duties, or obligations thereunder);

Whereas the XYZ Corporation, by an amendment to its certificate of incorporation, dated -----, 19--, has changed its corporate name to the ABC Corporation;

Whereas a change of corporate name only is accomplished by said amendment, so that rights and obligations of the Government and of the Contractor under the Contracts are unaffected by said change; and

(b) Prior to the execution of such agreement, one copy of each of the following shall be deposited by the contractor with the Department concerned:

(1) A copy of the instrument by which the change of name was effected, authenticated by a proper official of the State having jurisdiction;

(2) An opinion of counsel for the contractor that the change of name was properly effected in accordance with applicable law; and

(3) A list of all contracts, letter contracts, and purchase orders, which have not been finally settled between the Department concerned and the contractor, showing contract number, and the name and address of the respective procuring activities involved.

§ 16.506 Communication Service Authorization (DD Form 428).

DD Form 428 shall be used in accordance with Departmental procedures as an order for facilities and services under contracts for telephone and telegraph communications facilities and services.

This subpart prescribes forms to be used by a requiring Military Department to request that supplies be furnished by another Military Department or Agency in accordance with the provisions of Subpart K, Part 5 of this subchapter. § 16.601 Military Interdepartmental Purchase Request (DD Form 448, 448-1).

When an assignment of procurement responsibility has been made by the Secretary of Defense, DD Form 448, Military Interdepartmental Purchase Request (MIPR), shall be used by the requiring Military Departments to

(a) Request the procurement of supplies by the procuring Department or agency; and

(b) Permit the procuring Department or Agency to authorize manufacture of the necessary supplies.

DD Form 448 is authorized for use in effecting other types of coordinated procurement pursuant to Subpart K, Part 5 of this subchapter. When a continuation sheet is necessary, DD Form 448-1 (MIPR Continuation Sheet) shall be used.

§ 16.602 Requisition for Coal, Coke, or Briquettes (DD Form 416).

DD Form 416 shall be used in lieu of DD Form 448 by the requiring Departments to request coal, coke, or fuel briquettes from the Procuring Department.

Subpart G-Contract Termination
Forms

DD Form 547 is prescribed for use by contractors in submitting claims resulting from the termination of cost-reimbursement type contracts. (See § 8.803 of this chapter.)

§ 16.702-4 Settlement proposal; short form (DD Form 831).

DD Form 831 is prescribed for use by contractors in submitting claims resulting from the termination of fixed-price contracts when the total claim is less than $1,000. (See § 8.802-3 of this chapter.)

§ 16.702-5 Inventory schedules (DD Forms 542, 543, 544, 545, and 832). (a) The following forms are prescribed for use by contractors to support settlement proposals submitted on DD Forms 540, 541, or 547:

(1) DD Form 542 (Inventory Schedule A-Metals in Mill Product Form) and DD Form 542c (Continuation Sheet). See § 8.802-4 of this chapter.

(2) DD Form 543 (Inventory Schedule B-Raw Materials) and DD Form 543c (Continuation Sheet). See $8.802-5 of this chapter.

(3) DD Form 544 (Inventory Schedule C-Work in Process) and DD Form 544c (Continuation Sheet). See § 8.802-6 of this chapter; and

(4) DD Form 545 (Inventory Schedule D-Dies, Jigs, Fixtures, etc., and Special Tools) and DD Form 545c (Continuation Sheet). See § 8.802-7 of this chapter.

In addition, the inventory schedule forms may be used for reporting inventory in connection with adjustments under the Changes clause and inventory excess to completed contracts.

(b) DD Form 832 (Termination Inventory Schedule E-Short Form) is prescribed for use by contractors to support settlement proposals submitted on DD Form 831. See § 8.802-8 of this chapter.

§ 16.702-6 Schedule of accounting information (DD Form 546).

DD Form 546 is prescribed for use by contractors in connection with settlement proposals (see § 8.307-1 of this chapter). See § 8.802-9 of this chapter. § 16.703 Application for partial payment (DD Form 548).

DD Form 548 is prescribed for use by contractors when applying for partial payments (see § 8.212-1(a) of this chapter). See § 8.802-10 of this chapter.

§ 16.704 Notice of audit status date (DD Form 547s).

DD Form 547s is prescribed for use by disbursing officers to fix the audit status date in accordance with § 8.405-4 of this chapter. See § 8.804 of this chapter. § 16.705 Forms of settlement agree

ment.

There are no Department of Defense forms prescribed for settlement agreements. However, appropriate approved texts for settlement agreements are set forth in § 8.806 of this chapter. § 16.706 Instructions for use of termination forms.

DD Form 1114 consists of instructions for the use of contract termination settlement and inventory schedule forms. See § 8.807 of this chapter.

Subpart H-Miscellaneous Forms § 16.800 Scope of subpart.

This subpart prescribes miscellaneous forms other than contract forms, for use in connection with the procurement of supplies and services.

connection with every contract entered into after formal advertising, as required by § 2.407-7 of this subchapter, and shall be attached to the copy of the contract which is forwarded to the General Accounting Office.

§ 16.802 Statement on Contingent Fees (Standard Form 119).

Standard Form 119 is prescribed for use in accordance with §§ 1.506 through 1.509 of this subchapter.

§ 16.803 Compliance with labor laws, regulations and clauses.

§ 16.803-1 Construction contracts.

(a) Department of Labor Form DB-11 (Request for Determination) shall be used in accordance with the provisions of § 12.404-2 of this subchapter, for the submission of requests for the determination of wage rates by the Secretary of Labor.

(b) Standard Form 1093 (Schedule of Deductions from Payments to Contractors) shall be used in accordance with the provisions of § 12.404-9 of this subchapter, to report deductions against payment vouchers of contractors on account of failure to comply with labor laws, regulations and clauses.

(c) (1) The weekly payroll statement required by the contract clauses prescribed by § 12.403-1 or § 12.403-4 of this subchapter, should be in one of the following forms:

(i) "Payroll (For Contractor's Optional Use)," Form Sol. 184 (4-30-59) U.S.Department of Labor.

(ii) "Contractor's Weekly Payroll Statement," DD Form 879.

(iii) The contractor's own combined payroll-statement form, provided the statement is reproduced in exactly the language of Form Sol. 184 or DD Form 879 and the signer certifies on the statement: "The language of this statement is exactly the language of

(2) When the contract clauses prescribed by § 12.403-2 of this subchapter are applicable, contractors shall submit the weekly payroll statement but should omit or delete paragraphs (2) and (3). (3) A supply of DD Forms 879 may be furnished to the contractors for their use. Forms Sol. 184 may be purchased from the Government Printing Office. § 16.803-2 Supply contracts.

(a) Department of Labor Form PC-12 (Rev. 3/49), a form letter explaining the

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Walsh-Healey Act, shall be furnished to the contractor in accordance with the provisions of § 12.603 of this subchapter.

(b) Department of Labor Form PC13 (Rev. 1/50), is a poster required to be furnished to the contractor in accordance with the provisions of § 12.603 of this subchapter.

(c) DD Form 350 shall be used in accordance with the provisions of § 12.603 of this subchapter to furnish the Department of Labor with certain information in lieu of utilizing the Department of Labor Form PC-1 as required by administrative regulations of the Secretary of Labor.

of these requirements are referred to in §§ 1.302-2, 3.103, 3.211-4 and 3.216-4 of this subchapter. It also provides the Departments with a wide variety of significant data for procurement policy and management control purposes, and provides the Department of Labor with data required in connection with the administration of the Walsh-Healey Public Contracts Act.

§ 16.808 Duty Free Entry Certificate (Customs Form 7501). [Reserved]

§ 16.809 Report of Inventions and Subcontracts (DD Form 882).

Form 882 is approved for optional use by contractors in reporting information required by paragraph (c) (ii), (c) (iii), and (h) of the Patent Rights clause set forth in § 9.107-2 of this subchapter. § 16.810 Bidders Mailing List Application (Standard Form 129) and Bidders Mailing List Application Supplement (DD Form 558-1)

quired, may be obtained by using DD Form 558-1 (Bidders' Mailing List Application Supplement).

§ 16.810-2 Conditions for use.

Additions to the bidders mailing list of a purchasing activity shall be made only after considering a properly completed application on Standard Form 129. The application shall be submitted and signed by the supplier (the manufacturer or regular dealer), as distinguished from an agent of the supplier. However, suppliers are not precluded from designating, in the Standard Form 129, their agents to receive Invitations for Bids and Requests for Proposals.

§ 16.810-3 Item listings for information of bidders.

In order to enable suppliers to indicate readily the items on which they will generally desire to submit bids or proposals, there shall be attached to Standard Form 129 forwarded to suppliers for completion, a list of items, or item groups, or an index to such listing of the items, procured by the purchasing activity maintaining the list, which are considered applicable to the supplier's type of business.

§ 16.811 Security requirements check list (DD Form 254).

The "Military Security Requirements" clause (§§ 7.104-12 and 7.204-12 of this subchapter) is included in all contracts which are classified "Confidential" including "Confidential-Modified Handling Authorized" or higher and in any other contracts the performance of which will require access to such classified information or material. Except where a letter or other written notice of classification is authorized by § 7.10412, contracting officers shall inform contractors of the security classifications assigned to the various documents, materials, tasks, subcontracts, and components of classified contracts by using DD Form 254. Instructions for preparation are included in the form. The contracting officer is responsible for preparation of the form and shall insure that it is physically attached to the copies of the contract forwarded to the contractor, the material inspector, the security office of the cognizant Military Department of the facility receiving the prime contract or a subcontract thereunder, and such other interested agencies as may be determined by the Military Departments.