use. Forms WH-347 may be purchased from the Government Printing Office. [32 F.R. 539, Jan. 18, 1967, as amended at 34 F.R. 13856, Aug. 29, 1969]

§ 16.803-2 Supply contracts.

(a) Department of Labor Form PC12 (Rev. 3/49), a form letter explaining the Walsh-Healey Act, shall be furnished to the contractor in accordance with the provisions of § 12.604 of this chapter.

(b) Department of Labor Form PC-13 (Rev. 1/50), is a poster required to be furnished to the contractor in accordance with the provisions of § 12.604 of this chapter.

(c) DD Form 350 shall be used in accordance with the provisions of § 12.604 of this chapter to furnish the Department of Labor with certain information in lieu of utilizing the Standard Form 99 as required by administrative regulations of the Secretary of Labor. [27 F.R. 11664, Nov. 27, 1962]

KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the Obligee above named in the amount of the penal sum stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, suc cessors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Obligee and Principal have entered into a certain contract identified above, which contract is by reference made a part hereof and is hereinafter referred to as the contract.

Now, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract, then this obligation shall be null and void; otherwise to remain in full force and virtue.

1. The Contract includes all duly authorized modifications and extensions thereof, with or without notice to the Surety and extends to any guaranty required by the terms thereof.

2. The rights of the Obligee hereunder may be assigned to the United States of America or a Department or Agency thereof, and without in any manner invalidating or qualifying this instrument. Notice of assignment shall be given the surety within a reasonable time, but a failure of notice shall not affect the validity of this bond or the assignment.

KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPLE and SURETY above named, are held and firmly bound unto the Obligee above named, in the amount of the penal sum stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Obligee and the Principal entered into a certain contract identified above, which contract is by reference made a part hereof and is hereinafter referred to as the Contract; and

WHEREAS, performance of the Contract is related to work required under Government Prime Contract. the site of such

66-071-72-19

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and mate. rial furnished in the prosecution of the work provided for in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. A claimant shall have a direct right of action hereunder against the Principal and the Surety subject to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal who has furnished labor, material or both, in the prosecution of work provided for in the contract and who has not been paid in full therefor. Labor and material are construed to include, but are not limited to, that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

2. The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, or before the expiration of the period provided by the law of the place where the work is located for the giving of first notice of a lien of the category claimed by the claimant, whichever period be longer, may prosecute the suit to final judgment for such sum or sums as may be justly due the claimant, and may have execution thereon; provided, however, that

neither the Obligee nor the assignee of the Obligee shall be liable for the payment of any costs or expenses of any such suit, judgment or execution.

3. The Obligee may assign this instrument and any right it has hereunder to the United States of America or any department or agency thereof without in any way diminishing the obligations of the Principal and Surety hereunder.

4. No suit or action shall be commenced hereunder by any claimant,

(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or from whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in envelopes addressed to the Principal and the Surety, at any place where an office is regularly maintained by the addressee for the transaction of business, or served in any

In Presence of:

manner in which legal process may be served in the place where the work is located, save that such service need not be made by a public officer.

(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. If any period of limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

(c) Other than in a court of competent jurisdiction in and for the state or other political subdivision of the place where the work is located, or in the United States District Court for the district where the work is located, and not elsewhere.

5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative pursuant to authority of its governing body.

Lis

Domestic) (DD Form 783).

DD Form 783 is approved for use by contractors and prospective contractors in making reports of royalty information as required by § 9.110 of this chapter. While it is preferred that contractors use DD Form 783 (and contractor reproduction of the form is authorized), the contractor may submit the royalty in

formation in such other form as is considered desirable by the contractor, provided such other form contains all of the information required by § 9.110 of this chapter.

[26 F.R. 9644, Oct. 12, 1961]

§ 16.807 Document control data-R&D (DD Form 1473).

This form shall be used in connection with scientific and technical reports un- 12

der research and development contracts pursuant to § 4.113 of this chapter. [32 F.R. 10173, July 11, 1967]

§ 16.808 Duty_Free_Entry Certificate (Customs Form 7501) [Reserved].

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

DD Form 882 is approved for optional use by contractors in reporting information required by paragraph (c) of the Patent Rights clauses set forth in § 9.107-5 (a) and (b) of this chapter. [29 F.R. 9764, July 21, 1964]

16.810 Bidders Mailing List Application (Standard Form 129) and Bidders Mailing List Application Supplement (DD Form 558-1)

[25 F.R. 14319, Dec. 31, 1960]

§ 16.810-1 General.

Standard Form 129 shall be used in connection with the establishment and maintenance of bidders lists as prescribed in § 2.205 of this chapter and for research and development in ASPR Supplement No. 4, "Procedures for Submission of Applications To Be Placed on Research and Development Bidders Mailing Lists." Supplemental Information, where required, may be obtained by using DD Form 558-1 (Bidders Mailing List Application Supplement).

[33 F.R. 10201, July 17, 1968]

§ 16.810-2 Conditions for use.

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. [27 F.R. 6139, June 29, 1962]

§ 16.811 Contract Security Classification Specification (DD Forms 254 and 254c).

Contracting officers shall inform contractors of the security classifications and requirements assigned to the various documents, materials, tasks, subcontracts, and components of the classified contract by using Contract Security Classification Specification, DD Form 254, and, if applicable, DD Form 254c. Instructions for preparation of these forms are contained in section VII, DOD 5220.22-R. The contracting officer is the approving official for the Contract Security Classification Specification and shall insure that it is distributed in accordance with section VII, DoD 5220.22-R. [36 F.R. 21168, Nov. 4, 1971]

§ 16.812 Release and assignment forms.

set

(a) The forms set forth in this section are approved for use in complying with the assignment and release provisions of paragraph (f) of the compensation clauses for cost-plus-fixed-fee and cost-plus-incentive-fee contracts forth in § 7.203-4 (a) and (b) of this chapter. Forms differing from the approved forms may be used if the contracting officer determines that such forms meet the applicable requirements of the clause. Checks received by Army, Air Force, and Defense Supply Agency contracting officers pursuant to paragraph 2 of the assignments in paragraphs (d) and (e) of this section shall be forwarded to the finance officer named in the contract.

(b) Set forth below is an approved form for the contractor's release required by paragraph (f) of the clauses in § 7.203-4 (a) and (b) of this subchapter. CONTRACTOR'S RELEASE (JULY 1956) Contract No. Pursuant to the terms of Contract No. and in consideration of the sum of Dollars ($------) which has been or is to be paid under the said contract to

(herein

(Contractor's name and address) after called the Contractor) or its assignees, if any, the Contractor, upon payment of the said sum by the United States of America (hereinafter called the Government), does remise, release, and discharge the Government, its officers, agents, and employees, of and from all liabilities, obligations, claims,

and demands whatsoever under or arising from the said contract, except:

1. Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor, as follows:

2. Claims, together with reasonable expenses incidental thereto, based upon the liabilities of the Contractor to third parties arising out of the performance of the said contract, which are not known to the Contractor on the date of the execution of this release and of which the Contractor gives notice in writing to the Contracting Officer within the period specified in the said contract.

3. Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of the said contract relating to patents.

The Contractor agrees, in connection with patent matters and with claims which are not released as set forth above, that it will comply with all of the provisions of the said contract, including without limitation those provisions relating to notification to the Contracting Officer and relating to the defense or prosecution of litigation.

In witness whereof, this release has been executed this day of 19

for reimbursement on a cost-plus-incentive-fee basis:

The Contractor further agrees that payments on account of claims not released as set forth above shall be subject to adjustment in accordance with paragraph (1) of the clause of the contract entitled "Allowable Cost, Incentive Fee, and Payment."

(c) Set forth below is an approved form for the assignee's release required by paragraph (f) of the clauses in § 7.203-4 (a) and (b) of this subchapter. ASSIGNEE'S RELEASE (MAY 1958)

Contract No. Pursuant to the terms of Contract No. and in consideration of the sum of Dollars (----) which has been or is to be paid under the said contract by the United States of America (hereinafter called the Government) to the Contractor or its assignees, the

---------}

(Assignee's name and address) (1) A corporation organized and existing under the laws of the State of (ii) A partnership consisting of (111) An individual trading as (hereinafter called the Assignee), upon receipt of that part of the said sum due under its assignment, does remise, release and discharge the Government, its officers, agents, and employees, of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the said contract and assignment, except:

1. Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Contractor, as follows:

2. Claims, together with reasonable expenses incidental thereto, based upon the liabilities of the Contractor to third parties arising out of the performance of the said contract, which are not known to the Contractor or Assignee on the date of the execution of this release and of which the Contractor or Assignee gives notice in writing to the Contracting Officer within the period specified in the said contract.

3. Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable expenses incidental thereto, incurred by the Contractor under the provisions of the said contract relating to patents.

The Assignee agrees, in connection with claims which are not released as set forth above, that final payment under the said contract does not modify the requirements and limitations imposed on the Contractor or Assignee by the contract or the assignment, including without limitation those provisions relating to notification to the Contracting Officer and relating to the defense or prosecution of litigation.