§ 5B-15.7001 General.

(a) The Renegotiation Act of 1951, as amended (50 U.S.C. App. 12111224), provides for recovery by the Government of Contractors' excessive profits under certain contracts. GSA contracts are subject to renegotiation under the terms of the Renegotiation Act of 1951 unless exempted by the statute or by authorization of the Renegotiation Board.

(b) The Renegotiation Board, in its Regulations under the Renegotiation Act of 1951 (32 CFR Chap. XIV), prescribes definitions, sets forth mandatory and permissive exemptions, implements the statute with substantive rules, and provides procedures in connection with contracts subject to renegotiation.

§ 5B-15.7002 Contract clause.

(a) Contracts which are determined to be subject to the Renegotiation Act of 1951 shall contain the following clause:

RENEGOTIATION

The contract is subject to the Renegotiation Act of 1951, as amended, and shall be deemed to contain the provisions required by section 104 thereof. The extent of renegotiation will be determined in accordance with regulations under the Act. The Contractor agrees to include this Renegotiation clause (including this sentence) in each subcontract made to perform any part of the work or to furnish any materials required for this contract.

(b) When this clause is to be included in preprinted supplemental provi

sions, the clause set forth in paragraph (a) of this section, may be preceded by a preamble setting forth the basic exemptions applicable to the contracting programs for which the supplemental provisions form is generally used. For example:

The following Renegotiation clause shall apply unless the contract calls for delivery to a GSA supply depot or a Government agency not included in the Renegotiation Act of 1951.

§ 5B-15.7004 National defense considerations.

§ 5B-15.7004-1 Determinations by the Renegotiation Board.

Subject to § 1453.5(c) of the Renegotiation Board's Regulations, the Renegotiation Board has determined that all contracts of the Public Buildings Service and the National Archives and Records Service are exempt from renegotiation.

§ 5B-15.7004-2 Determinations by GSA.

(a) Notwithstanding the determination set forth in § 5B-15.7004.1, individual contracts will be subject to renegotiation when the Head of the appropriate Service or Staff Office, or any of his designees, determines that such individual contract does have a direct and immediate connection with the national defense. This determination shall be set forth in the contract as follows:

For the purpose of the Renegotiation Act of 1951, as amended, it has been determined that this contract has a direct and immediate connection with the national defense. (See 32 CFR 1453.5(c).)

(b) In considering whether a specific contract does have a direct and immediate connection with the national defense, the Renegotiation Board requested that such determination be made in any case in which:

(1) The language of the appropriátion act making funds available, enabling legislation, or the legislative history, is such that it is evident that the project was presented to, and approved by, the Congress because of its importance to the national defense.

(2) Award of the contract cannot be made without a certification, determi

nation, or comparable prior action that the procurement is essential or necessary in the interests of the national defense. Such certification, determination, or comparable prior action would normally be made by the General Services Administration, but could be made by any agency of the Government which is competent to act in such manner.

(3) The contract is to be made under a War Powers Act-such as Pub. L. 85804 (50 U.S.C. 1431-1435).

(4) Loans or advances are to be made to the contractor under the Defense Production Act of 1950 in order to facilitate performance of the contract.

(5) For other reasons, it is believed that the contract has a direct and immediate connection with the national defense.

Sec.

5B-16.402-2 Contracts estimated to exceed $2,000 but not to exceed $10,000. 5B-16.402-3 Contracts estimated to exceed $10,000.

5B-16.403 Optional use for negotiated contracts.

5B-16.404 Terms, conditions, and provisions.

Subpart 5B-16.7—Forms for Negotiated
Architect-Engineer Contracts

5B-16.701 Forms prescribed.

5B-16.703 Terms, conditions, and provisions.

Subpart 5B-16.8—Miscellaneous Forms

5B-16.800 Scope of subpart.

5B-16.853 Notice cf intention to make a service contract.

5B-16.856 Department of Labor notice. 5B-16.857 Equal opportunity in employ

5B-16.901

Standard Forms. 5B-16.901-19 Standard Form 19 (GSA Overprint November 1974), Invitation, Bid, and Award (Construction, Alteration or Repair). 5B-16.901-19B Standard Form 19B (GSA Overprint-June 1970), Representations and Certifications (Construction Contract).

5B-16.901-20 Standard Form 20 (GSA Overprint June 1972), Invitation for bids (Construction Contract).

5B-16.901-21 Standard Form 21 (GSA Overprint November 1975), Bid Form

(Construction Contract).

5B-16.901-98 Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice.

5B-16.950 GSA Forms.

5B-16.950-527 GSA Form 527, Contractor's Qualifications and Financial Information. 5B-16.950618A(FL) GSA Form 618A(FL), Form letter for informing contractor of labor standards provisions. 5B-16.950-618D

GSA Form 618D, Statement to be Submitted When Work is Performed Personally.

Sec.

5B-16.950-1015 GSA Form 1015, Instructions to Contractors (Construction Contracts) Date Required to Substantiate Equitable Adjustments of Time and Time Extension. 5B-16.950-1083

GSA Form 1083, Section 0020, Applicable Minimum Hourly Rates of Wages.

5B16.950-1085 GSA Form 1085, Wage Rate Schedule.

5B16.950-1137 GSA Form 1137, Request, Proposal and Acceptance Covering Construction Contract Modification. 5B16.950-1139 GSA Form 1139, Section 0010, General Conditions.

5B-16.950-1142 GSA Form 1142, Release of Claims.

5B-16.950-1467 GSA Form 1467, Solicitation, Offer, and Award (Contract for Building Services).

5B-16.950-1467-A GSA Form 1467-A, Solicitation Instructions and Conditions (Contract for Building Services). 5B-16.950-1468 GSA Form 1468, General Revisions (Contract for Building Services). 5B-16.950-1495 GSA Form 1495, Special Provisions (Architect-Engineer Contract). 5B-16.950-1714 GSA Form 1714, Equal Opportunity Clause.

5B-16.950-1735 GSA Form 1735, Information Regarding Buy American Act. 5B-16.950-1747 GSA Form 1747, Amendment to Bid Documents (Construction Contract).

5B-16.950-1747A GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contracts).

5B-16.950-1903 GSA Form 1903, Notice to Bidder (Construction Contract). 5B-16.950-1954 GSA Form 1954, ArchitectEngineer Performance Record.

5B-16.950-1995 GSA Form 1995, Return of Payroll Document for Document for Correction.

5B-16.950-2056 GSA Form 2056, Pre-Invitation Notice (Construction Contract). 5B-16.950-2166 GSA Form 2166, Service Contract Act of 1965 (as amended). 5B-16.950-2402 GSA Form 2402, letter for notifying contractor of action taken on shop drawing submittals. 5B-16.950-2417(FL) GSA Form 2417, Notice to Proceed.

Form

Sec.

5B-16.950-2631 GSA Form 2631, ArchitectEngineer Cost Estimate Summary. 5B-16.954 Department of Labor Forms. 5B-16.954-347 DL Form WH 347, Payroll (For Contractor's Optional Use). 5B-16.954-347

Inst-DL Form WH 347 Inst., Instructions for Completing Payroll Form WH 347.

5B-16.954-348 DL Form 348, Statement of Compliance.

5B-16.954-1313 DL WH Publication 1313, Notice to Employees Working on Government Contracts.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 40 FR 47133, Oct. 8, 1975, unless otherwise noted.

§ 5B-16.000 Scope of part.

This part contains illustrations of selected forms used in PBS procurement. Reference also must be made to FPR Part 1-16. References to forms in this Part 5B-16, and within this regulation as a whole, shall be construed as references to the most recent editon of the form or GSA overprints.

[41 FR 50448, Nov. 16, 1976]

§ 5B-16.001 Terms, conditions, and provisions.

(a) No deletion, modification, or other deviation in prescribed forms shall be permitted except as provided in this Chapter 5B in connection with the use of such forms. (See § 5B1.009.)

(b) Additional terms, conditions, and provisions considered to be essential to the making of advertised or negotiated contracts may be used provided they are not inconsistent with those in prescribed forms. There is no objection to brief statements in invitations directing attention of bidders to specific provisions of the prescribed forms which are particularly applicable to the type of procurement involved. However, this technique should be used sparingly and judiciously.

[40 FR 47133, Oct. 8, 1975. Redesignated at 41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.4-Forms for Advertised Construction Contracts

§ 5B-16.401 Forms prescribed.

The following GSA forms are prescribed for use in accordance with this Subpart 5B-16. Their format shall not

be changed. Instructions for preparation of forms are included with the illustrations of the forms.

(a) GSA Form 1015, Instructions to Contractors (Construction Contracts), Data Required to Substantiate Equitable Adjustments of Time and Time Extensions.

(b) GSA Form 1083, Section 0020, Applicable Minimum Hourly Rates of Wages.

(c) GSA Form 1085, Wage Rate Schedule.

(d) GSA Form 1139, General Conditions.

(e) GSA Form 1747, Amendment to Bid Documents Contract).

(Construction

(f) GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contract).

(g) GSA Form 1903, Notice to Bidder (Construction Contract).

(h) GSA Form 2056, Pre-Invitation Notice Construction Contract).

§ 5B-16.402 Required use.

§ 5B-16.402-1 Contracts estimated not to exceed $2,000.

Standard Forms 19 (GSA Overprint), 19-B (GSA Overprint), and 22 shall be used for contracts estimated not to exceed $2,000 (but see § 116.403(b) concerning use of Standard Forms 44, 147, and 148).

[41 FR 50448, Nov. 16, 1976]

§ 5B-16.402-2 Contracts estimated to exceed $2,000 but not to exceed $10,000. Standard Forms 19 (GSA Overprint), 19-A, 19-B, (GSA Overprint), and 22 shall be used for contracts estimated to exceed $2,000 but not to exceed $10,000.

[41 FR 50448, Nov. 16, 1976]

§ 5B-16.901-19B; and Standard Form 21 (GSA Overprint), Bid Form (Construction Contract), illustrated at § 5B-16.901-21, shall be used in lieu of the standards forms.

[41 FR 50448, Nov. 16, 1976]

§ 5B-16.403 Optional use for negotiated

contracts.

Notwithstanding the option allowed in § 1-16.403, the forms required to be used for contracts by § 1-16.402 and Part 5B-16 shall be used for contracts entered into pursuant to small business restricted advertising.

§ 5B-16.404 Terms, conditions, and provisions.

(a) Additional terms, conditions, and provisions which are consistent with those contained in the forms prescribed in Subpart 1-16.4 and this Subpart 5B-16.4 may be used in procurements in which such forms are used:

(1) In individual cases, with advice of counsel and the approval of the appropriate Regional Commissioner responsible for the contract.

(2) In classes of cases, with the approval of the Assistant Commissioner for Construction Management.

(b) The use of additional terms, conditions, and provisions which are inconsistent with prescribed forms constitutes a deviation and is subject to (§ 1-1.009 and § 5B-1.009.

(c) Modifications to Standard Forms that are required by the FPR are issued by the Central Office, GSA, in the form of guide specifications to the regional offices of PBS without being published in the GSPR 5B. Modifications to GSA Forms are also incorporated in guide specifications and, when received in regional offices prior to the issuance of a change to GSPR 5B, may be used immediately upon receipt. [41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.7—Forms for Negotiated Architect-Engineer Contracts

§ 5B-16.701 Forms prescribed.

In addition to the forms prescribed in the FPR § 1-16.701, the following shall be used:

GSA Form 1495, Special Provisions (Architect-Engineer Contract).

§ 5B-16.703 Terms, conditions, and provisions.

The provisions of §§ 5B-16.404 (a), (b), and (c) and 1-16.703 shall be applicable to this Subpart 5B-16.7.

[41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.8—Miscellaneous Forms

§ 5B-16.800 Scope of subpart.

This subpart prescribes miscellaneous forms, other than procurement contract forms, for use in connection with the procurement of supplies and services. Illustrations of these forms are contained in Subpart 5B-16.9.

§ 5B-16.853 Notice of intention to make a service contract.

Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice, illustrated at § 5B16.901-98, is prescribed for use in accordance with § 1-12.905-3.

§ 5B-16.856 Department of Labor notice. Department of Labor WH Publication 1313, Notice to Employees Working on Government Contracts, illustrated at § 5B-16.954-1313, is prescribed for use in accordance with §§ 5B-12.604 and 1-12.905-1.

§ 5B-16.857 Equal opportunity in employment.

GSA Form 1714, Equal Opportunity Clause, illustrated at § 5B-16.950-1714 is prescribed for use in accordance with § 5B-12.803-2.

(d) GSA Form 2402, Form letter for notifying contractor of action taken on shop drawing submittals, illustrated at § 5B-16.950-2402, is prescribed for use.

(e) GSA Form 2417, Notice to Proceed, illustrated at § 5B-16.950-2417, is prescribed for use in approving bonds and issuing notice to proceed.

(f) GSA Form 2419, Certification of Payment to Subcontractors and Suppliers, illustrated at § 5B-16.950-2419, is prescribed for use.

(g) GSA Form 2465, Notice of Appeal, illustrated at § 5B-16.950-2465, is prescribed for use in accordance with § 5B-1.318-1.

§ 5B-16.872 Labor forms.

(a) GSA Form 618A(FL), Form letter for informing contractor of labor standards provisions, illustrated at § 5B-16.950-618A(FL), is prescribed for

use.

(b) GSA Form 618D, Statement to be Submitted When Work is Performed Personally, illustrated at § 5B16.950-618D, is prescribed for use in accordance with § 5B-12.18705-6.

(c) GSA Form 1995, Return of Payroll Document for Correction, illustrated at $5B-16.950-1995, is prescribed for use in accordance with § 5B-12.18705-6.

(d) GSA Form 2428, Request for Authorization of Additional Classification(s), Rate(s), and Fringe Benefit(s), illustrated at § 5B-16.9502428, is prescribed for use in accordance with § 5B-12.18705-3.

(e) Department of Labor Form WH347, Payroll (For Contractor's Optional Use), illustrated at § 5B-16.954-347, for use in accordance with §§ 1-18.7056 and 5B-12.18705-6.

(f) Department of Labor Form WH347 Inst., Instruction for Completing Payroll Form WH-347, illustrated at § 5B-16.954-347 Inst., for use in accordance with §§ 1-18.705-6 and 5B12.18705-6.

(g) Department of Labor Form WH348, Statement of Compliance, illustrated at § 5B-16.954-348, is prescribed for use in accordance with §§ 1-18.7056 and 5B-12.18702-2 and 5B-12.187056.