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(h) Department of Labor Form NOTE.-Copies of the forms are filed with WHPC Publication 1240, Notice to the originals and are available from the

Business Service Center in any regional Employees Working on Federal or

office of the General Services AdministraFederally Financed Construction Pro

tion. For changes to this listing of forms, jects, is prescribed for use in accord. see List of Sections Affected. ance with § 5B-12.18705-7.

(i) Standard Form 308, Request for PART 5B-60_DISPUTES AND Determination and Response to Re

APPEALS quest, is prescribed for use. (See 8118.704-3.)

Subpart 58-60.1-Disputes (j) Department of Labor Form WLSA (WD-1), Decision of the Secre

Sec. tary, is prescribed for use in lieu of

5B-60.101 General.

5B-60.102 Notice to contractor. WLSA-1, in conjunction with GSA Form 1085, Wage Rate Schedule, illus

Subpart 5B-60.2—Appeals trated at 85B-16.950-1085, in every contract for construction in excess of

5B-60.201 Notice of appeal. $2,000.

5B-60.202 Settlement by agreement.

5B-60.203 Procedure following decision of 8 5B-16.875 Forms for building service

the GSA Board of Contract Appeals. contracts.

AUTHORITY: Sec. 205(c), 63 stat. 390; 40

U.S.C. 486(c). The following GSA forms are prescribed for use in procuring building

SOURCE: 40 FR 47135, Oct. 8, 1975, unless

otherwise noted. services without limitation as to amount of the procurement. (See also § 5B-2.201-70.)

Subpart 5B-60.1—Disputes (a) GSA Form 527, Contractor's

8 5B-60.101 General. Qualifications and Financial Information, illustrated at $ 5B-16.950-527.

Questions of fact arising under con. (b) GSA Form 1467, Solicitation, tracts and which are not disposed of Offer and Award (Contract for Build- by agreement shall be decided by the ing Services), illustrated at 85B

contracting officer. 16.950-1467. (c) GSA Form 1467-A, Solicitation

$ 5B-60.102 Notice to contractor. Instructions and Conditions (Contract

When the contracting officer has for Building Services), illustrated at

reached a decision as to a matter in $ 5B-16.950-1467-A.

dispute involving a question of fact, he (d) GSA Form 1468, General Provi.

shall notify the contractor in accordsions (Contract for Building Services),

ance with the requirements of $81

1.318-1 and 5B-1.318. illustrated at 5B-16.950-1468.

(e) GSA Form 2166, Service Contract Act of 1965 (As Amended), illustrated

Subpart 5B-60.2-Appeals at 8 5B-16.950-2166.

8 5B-60.201 Notice of appeal. Subpart 5B-16.9-Illustrations of Upon receipt of an appeal or notice

of appeal, the contracting officer Forms

shall, within 10 days of receipt, for.

ward the notice to the Board of Con8 5B-16.901 Standard forms.

tract Appeals, in accordance with SubIllustrated in this section are GSA part 5B-60.3. Rules of the GSBCA, overprints of certain standard forms il- Preliminary Procedures, paragraph 3. lustrated in § 1-16.901 and certain standard forms that are not illustrated 5B-60.202 Settlement by agreement. in the FPR. The subsection numbers The filing of a notice of appeals does correspond with the standard form not preclude negotiations looking numbers in the manner described in toward settlement of a dispute; settle8 1-16.901.

ment may be effected at any time up

to the issuance of a decision by the GSA Board of Contract Appeals.

ficer, in all contracts subject to audit pursuant to $ 5B-63.103.

8 5B-60.203 Procedure following decision 85B-63.102 Purpose of audit.

of the GSA Board of Contract Appeals. In addition to the provisions of 81Either party may file a motion for 3.809, Contract audit as a pricing aid, reconsideration within 30 days after is- audits are conducted to advise, and suance of a Board decision. If no such make recommendations to, the conmotion is filed, action to implement tracting officer concerning the followthe Board's decision should be initiat ing: ed promptly upon expiration of the 30

(a) The property of amounts paid, or day period. In the event the contrac- to be paid, by GSA to contractors, tor elects to appeal to the Court of where such amounts are based on a Claims or to a Federal district court,

cost or time determination or on variaction implementing the Board's deci

able features related to the results of sion may be suspended.

contractors' operations;

(b) The adequary of measures taken PART 5B-63—AUDITS

by contractors regarding the use and

safeguarding of Government assets Subpart 58-63. 1—Audit of Contractors' under their custody or control; Records

(c) The reasonableness and allowabi

lity of costs included in contractors' Sec. 5B-63.101 General.

settlement proposals in termination of 5B-63.102 Purpose of audit.

contracts (see § 1-8.207); and 5B-63-103 Types of contracts subject to (d) Contractors' financial condition audit.

and ability to perform or to continue 5B-63-104 Contract clause.

to perform under Government con5B-63-105 Payments under contracts sub

ject to audit. 5B-63-105-2 Submission and processing of 85B-63.103 Types of contracts subject to invoices or vouchers.

audit. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40

(a) The following types of contracts U.S.C. 486(c).

in excess of $2,500 shall include the SOURCE: 40 FR 47135, Oct. 8, 1975, unless Examination of Records by GSA otherwise noted.

clause (8 5B-63.104):

(1) Cost-reimbursement type conSubpart 5B-63.1--Audit of tracts (see g 1-3.405); Contractors' Records

(2) Advertised or negotiated con

tracts involving the use or disposition $ 5B-63.101 General.

of Government-furnished property; The Contract Audits Division, Office

(3) Contracts for supplies or services of Audits (ADA), and the Field Audit

containing a price warranty or price Offices conduct contract audits (i.e.,

reductions clause; examinations) of contractors' records

(4) Contracts or leases involving to the extent that such audits are re

income to the Government where the quired by law, regulation, or sound

income is based on operations that are business judgement. Such audits in

under the control of the contractor or clude the conduct of periodic or re

lessee; quested audits of contractors as are (5) Fixed-price contracts with escalawarranted by such matters as the fi- tion (see $$ 1-2.104-3 and 1-3.404-3), nancial condition, integrity, and reli incentives (see $$ 1-3.404-4 and 1ability of the contractor and prior 3.407), and redetermination (see $$ 1audit experience; adequacy of the ac 3.404-4 and 1-3.404-7); counting system; and the amount of (6) Requirements and indefinite unaudited claims. An audit clause quantity (call-type) contracts; (see shall be inserted by the contracting of- $81-2.104 and 1-3.409);

30-104 0–79_-49

(7) Time and materials and labor. pires earlier, have access to, and the right to hour contracts (see 88 1-3.406-1 and 1- examine, any books, documents, papers, and 3.406-2); and

records of the Contractor involving transac(8) Leases (i) where the rental is sub

tions related to this contract or compliance

with any clauses thereunder. ject to adjustment (such as for change

The Contractor further agrees to include in real estate taxes or service costs) or

in all his subcontracts hereunder a provision (ii) where the rental is dependent to the effect that the subcontractor agrees upon actual costs.

that the Administrator of General Services (b) In some of the contracts listed in or any of his duly authorized representaparagraph (a) of this 8 5B-63.103, it

tives shall, until the expiration of three may be appropriate to define in the

years after final payment under the subcon

tract, or of the time periods for the particucontract the scope or extent of any

lar records specified in Part 1-20 of the Fedaudit. such as with respect to (1) the eral Procurement Regulations (41 CFR Part use or disposition of Government-fur 1-20), whichever expires earlier, have access nished property or (2) variable or to and the right to examine any books, docother special features of the contract, uments, papers, and records of such subcone.g., price escalation and compliance tractor involving transactions related to the with the price warranty or price reduc

subcontract or compliance with any clauses tions clauses. In such cases, the con

thereunder. The term "Subcontract" as tract clause is $5B-63.104 may be

used in this clause excludes (a) purchase

orders not exceeding $2,500 and (b) subconmodified appropriately with the con

tracts or purchase orders for public utility currence of the (i) Office of the Gen- services at rates established for uniform aperal Counsel or Regional Counsel and plicability to the general public. (ii) Contract Audit Division or the Field Audit Office, as appropriate.

$ 5B-63.105 Payments under contracts (c) Inclusion of the contract clause subject to audit. in $ 5B-63.104 (whether or not modi. fied) in contracts does not affect in

$ 5B-63.105–2 Submission and processing any way the requirements for (1) use

of invoices or vouchers. of the Examination of Records clause Contractors shall be required to permitting review of contractor books submit invoices or vouchers directly to and records by the Comptroller Gen the contracting officer. The processing eral (see 88 1-7.602-7 and 1-7.103-3) or of invoices or vouchers prior to pay. (2) the clauses on Audit and Records ment for work or services rendered pertaining to the verification of cost shall include a review by the contractor pricing data (see § 1-3.814-2).

ing officer, or his designated repre

sentative, to determine that the $ 5B-63.104 Contract clause.

nature of items and amounts claimed The following contract clause is pre

are in consonance with the contract scribed for use as provided in $ 5B

terms, represent prudent business 63.103:

transactions, and are within any stipulated contractual limitations. The con

tracting officer must ensure that these EXAMINATION OF RECORDS BY GSA

payments are commensurate with The Contractor agrees that the Adminis

physical and technical progress under trator of General Services or any of his duly

the contract. If the contractor has not authorized representatives shall, until the

deducted from his expiration of three years after final pay.

claim amounts ment under this contract, or of the time pe.

which are questionable or which are riods for the particular records specified in required to be withheld, the contract. Part 1-20 of the Federal Procurement Regu. ing officer shall make the required delations (41 CFR Part 1-20), whichever ex- duction.

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Subpart 6-1.1--Introduction

Sec. 6-1.404 Selection, designation, and termi

nation of designation of contracting offi

cers. 6-1.404-2 Designation. 6-1.404-3 Termination of designation.

Sec. 6-1.101 Scope of subpart. 6-1.102 Purpose. 6-1.103 Authority. 6-1.104 Applicability. 6-1.105 Exclusions. 6-1.106 Issuance. 6-1.107 Arrangement. 6-1.107-1 General plan. 6-1.107-2 Numbering. 6-1.107-3 Citation. 6-1.108 Relationship of the DOSPR, FPR,

and IAPR. 6-1.109 Control of deviations.

Subpart 6-1.6—Dobarrod and ineligible

Bidders 6-1.604 Department of State procedure for

administrative debarment. 6-1.604-1 Notice and hearing.

Subpart 6-1.8-Labor Surplus Area Concerns 6-1.800 Scope of subpart.

Subpart 6-1.2-Definition of Terms 6-1.201 Definitions. 6-1.250 Government. 6-1.251 Department. 6-1.252 Post. 0-1.253 Local procurement. 6-1.254 Third country procurement. 6-1.255 Central supply post. 6-1.256 Constituent supply post. 6-1.257 Supplies. 6-1.258 Service contracts. 6-1.258-1 Nonpersonal service contracts. 6-1.258-2 Personal service contracts.

Subpart 6-1.9-Reporting Possible Antitrust

Violations 6-1.901 General. Subpart 6-1.10—Publicizing Procurement

Actions 6-1.1001 General policy. 6-1.1002 Availability of invitations for bids

and requests for proposals. 6-1.1003 Synopses of proposed procure

ments. 6-1.1003-1 Department of Commerce Syn

opsis. 6-1.1003-2 General requirements.

AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); sec. 4, 63 Stat. 111, 22 U.S.C. 2658.

Subpart 6-1.1- Introduction

Subpart 6-1.3—General Policies 6-1.302 Procurement sources. 6-1.302-1 General. 6-1.302-3 Procurement from employees of

the Government. 6-1.350 Procurement by posts within the

United States. 6-1.351 Numbering procurement docu

ments. 6-1.351-1 Policy. 6-1.351-2 Procedure. 6-1.351-3 Numbering modifications and

amendments. 6-1.351-4 Contract file. 6-1.352 Distribution of numbered con

tracts. 6-1.352-1 Definition. 6-1.352-2 Distribution. 6-1.353 English language translations. Subpart 6-1.4-Procurement Responsibility and

Authority 6-1.400 Scope of subpart. 6-1.401 Responsibility of the head of the

procuring activity. 6-1.402 Authority of contracting officers. 6-1.403 Requirements to be met before en

tering into contracts.

SOURCE: 28 FR 7779, July 31, 1963, unless otherwise noted. 86-1.101 Scope of subpart.

This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, ap. plicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication.

86-1.102 Purpose.

This subpart establishes the Depart. ment of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System.

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