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Wais.251 pt. I

Engineer Department

Orders Rege, Ch.7 ptil

WAR DEPARTMENT
OFFICE OF THE CHIEF OF ENGINEERS

Washington, 1 November 1946

PREFACE

1. The purpose of Part I, Military Works, 1 November 1946, of Chapter VII, Procurement, Contracts, and Claims, Orders and Regulations, is to prescribe the authorities and to present, as completely as practicable, the fundamental legislative and administrative requirements and the procedures to be followed in making purchases, letting contracts, settling claims, and litigation in connection with military procurement, including construction. All applicable War Department regulations are incorporated or referred to and will be maintained current by the issuance of changes as required. Decisions of the courts and the Comptroller General pertinent to the subject matter are cited or quoted. Current orders and directives of other departments and agencies, which affect the subject matter, will be published by changes where necessary.

2. It will be noted that section 15 is followed by section 20, sections 16 to 19, inclusive, have been reserved to cover additional sections that may be added from time to time to War Department Procurement Regulations. At present War Department Procurement Regulations run from section 1 through section 15. For example, if a new section 16 were added to War Department Procurement Regulations and implementation of such section was considered necessary in Orders and Regulations, a corresponding section 16 would be added to part I, chapter VII. It should be further noted that several paragraph numbers have been reserved in the various sections of part I. These paragraph numbers have been reserved primarily because it is intended to insert additional material at a future date.

3. Effective upon receipt, these regulations supersede chapter VII, Orders and Regulations, 15 August 1944, as amended. Chapter VI, Travel and Transportation, Orders and Regulations, 14 June 1938, so far as the subject matter thereof is contained in section 22 of this part of chapter VII, is rescinded, as well as any previous instructions issued by the Chief of Engineers modifying or revising existing regulations pertaining to military works on procurement, contracts, and claims. The following circular letters, or parts thereof, and other directives are also rescinded by reason of the material contained therein having been incorporated in part I, chapter VII.

Circular Letter No. 2804 (Fiscal No. 265), 28 February 1944, subject, “Government Transportation Requests and Bills of Lading."

Paragraphs 12, 13, 15, through 20, Circular Letter No. 2947, (Fiscal No. 272), 14 April 1944, subject, “Changes in Orders and Regulations."

Circular Letter No. 3196 (Redistribution and Salvage No. 15) 27 July 1944, subject, “Disposal of Contract Termination Property."

Circular Letter No. 3847 (Supply No. 435), 5 July 1945, subject, “Disposal of Surplus Part I Property.”

Circular Letter No. 3935 (Contract Termination No. 14), 7 September 1945, subject, “Contract Termination Reports."

Circular Letter No. 3955 (Contract Termination No. 15), 24 September 1945, subject, “Contract Termination Reports."!

Circular Letter No. 4013 (Legal No. 2), 13 November 1945, subject, “Termination of Labor Agreement:"

Circular Letter No. 4107 (Contract Termination No. 17), 12 April 1946, subject, “Contract Termination Procedures on Contracts Administered by OCE and by Districts and Depots Assigned Procurement Responsibility by OCE.”

Circular Letter No. 4143 (Legal No. 5), 31 May 1946, subject "Settlement of Litigated and Unlitigated Claims Under the Fair Labor Standards Act."

Circular Letter No. 4144 (Contract Termination No. 18), 31 May 1946, subject, “Contract Termination Procedures on Fixed-Price and CPFF Military Construction Contracts."

Circular Letter No. 4194 (Legal No. 7), 8 August 1946, subject, “Modification of Disputes Article in all Contracts for Military Construction."

Circular Letter No. 4225 (Legal No. 11), 23 September 1946, subject, "Discontinuance of Land Grant Rates."

Multiple letter, SPEAC 161, dated 8 March 1946, subject, “Change in Limitation of Authority to Approve Change Orders and Supplemental Agreements, and Changes in Contract Articles, Relating to Civil Works."

Multiple letter, ENGAC 159, dated 24 September 1946, subject, “Investigation and Settlement of Non-Contractual Claims.”

4. Unless otherwise stated any amendments to these regulations will not be mandatory until 30 days after the date of issuance thereof. When any regulation herein is found to be inconsistent with any regulation or directive of higher authority issued subsequently, the regulation or directive of higher authority will govern. BY ORDER OF THE CHIEF OF ENGINEERS:

CHAS. G. HOLLE
Colonel, Corps of Engineers
Executive Officer.

CHANGE 14, 10 Aug 50
To Part I, Chapter VII

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CHANGE 14, 10 Aug 50

To Part 1, Chapter VII

Paragraph

7102.17

7102.18

7102.19

7102.20
7102.21
7102.22

Basic Regulations . . . . . . . . . . . . . . . .

Government plant and Hired Labor, Policy on

Use of • • • • • • • • • •

Project Estimates Supporting Information,

Construction Contracts ..........

Standard Forms to be Used ... • • • • • • • •

Contract Forms . . . . . . . . • • • • • • • • • •

Forms of Invitation for Bids and Bid Forms ....

Designation of Contracting Officers ........

Award of Contracts, Change Orders, and

Supplemental agreements .............

Contracts Requiring Approval of Sigher Authority .

Contracts Requiring Approval of the Chief

of Engineers ..................

Contracts Requiring Approval of the Division

Engineers . . . . . . . . . . . . . . . . . . .

Contracts Requiring Approval of Department of

the army Power Procurement Officer .......

Execution and approval of Contracts by District

Engineers . . . . . . . . . . . . . . . . . . .

Fixed-Fee Construction Contract Negotiations ...

Adjustment of Fixed-Feo for Subcontracting

Under Frime Fixed-Fee Contract Forms......

Approval of salaries and Wages Under Cost-Plus-&-

Fixed-Fee Contracts • • • • • • • • • • • • • •

Administration of Fixed-Fee Contracts, General ..

Numbering of Contracts ..............

Numbering of Change Orders and supplemental

Agreements . . . . . . . . . . . . . . . . . . .

Military Supply Contract Identification Symbol ..

Order Symbol Numbers . . . . . . . • • • • • • •

Requisition and Order Number To Be Shown on

Contract Documents ...............

Change Orders and Supplemental Agreements

Distinguished . . . . . . . • • • • • • • • • •

7103.15

Change Orders to Lump Sum Contracts .......... 7103.23

Reserved . . . . . . . . . . . . . . . . .

• •

7103.24

Findings of Fact in Support of Change Orders and

Supplemental Agreements ............,

7103.25

Changed Conditions • • • • • • • • • • • • • • • • •

7103.26

Transmittal of Contracts for Approval, etc ....... 7103.27

Records of Contracts and Purchases ........... 7103.28

Preparation and Distribution of Numbered Contracts,

Lotter Orders, and Modifications ........... 7103.29

Preparation and Distribution of Unnumbered Contracts

and Modifications There or .....

7103.30

Additional Distribution of Lumber Contracts ...

7103.31

Preparation and Distribution of Subcontracts, etc

and Modifications There of Under Fixed-fee

Construction or Fixed-Fee Supply Contracts ... ... 7103.32

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . 7103.33

Procedure to Eliminate taxcessive Number of Claims and

Appeals . . . . . . . . . . . . . . . . . . . . . . . 7103.34

Advance Payments . . . . . . . . . . . . . . • • • • • • 7103.35

Final Payment ..................... 7103.36

Releases . .. . .. . .. . ...... ........ 7103.37

Acceptance of Nork Under Construction and Architect- .

Engineer Contracts .................. 7103.38

Percentage of Profit To Be Inserted in Supply ..

Contract Termination Article BR 324 (77 and JTR 931. 7103.39

Use of Contract Articles Authorizing Cancellation of

Future Deliveries : .... 7103.40

Cutbacks and Cancellations by Change Order or

Supplemental Agreement ................ 7103.41

Contract Provisions to be Eliminated From Contracts

To Be Performed in Foreign countries ......... 7103.42

Liquidated Damages • • • • • • • • • • • • • • • • • •

7103.43
Termination for Default . . . . . . . . . . . . .

7103.44

Delegation of Authority re Equitable Adjustments

under Changes Articles ................

7103.45

Excusable Delays ..................... 7103.46

Assignment of Contracts and Monios Due under

Contracts ...................

7103.47

Assignments Under Subcontracts . . . . . . . . . •

7103.48

Expert Services and Personal Services.

7103.49

Nonpersonal Servicos ..........

7103.50

Army-Navy Lumber Agency . . . . . . . . . . . . . . . .

7103,51

Contracts for Public Utilities Services .......... 7103.52

Acceptance of Materiel Deviating from Specifications .. 7103,53

Policy on Relief Under the First War Powers Act and

Executive Order No. 9001 ............... 7103.54

Report to Accompany Supplemental Agreements Under

PR 308-A . . . . . . . . . . . . . . . . . . . . . . . 7103.55

Sempervard POS Mato Grdos 2003

Accetracts Lumber.cos

Policy on Reis Materiel Dostlos services

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