-sals, there shall be attached to Standd Form 129 forwarded to suppliers for mpletion, a list of items, or item oups, or an index to such listing of e items, procured by the purchasing tivity maintaining the list, which are nsidered applicable to the supplier's pe of business.

16.811 Security requirements check list (DD Form 254).

The "Military Security Requirements" ause (§§ 7.104-12 and 7.204-12 of this bchapter) is included in all contracts nich are classified "Confidential” inuding "Confidential-Modified Haning Authorized" or higher and in any her contracts the performance of hich will require access to such classied information or material. Except here a letter or other written notice classification is authorized by § 7.104, contracting officers shall inform conactors of the security classifications asgned to the various documents, marials, tasks, subcontracts, and compoents of classified contracts by using DD orm 254. Instructions for preparation e included in the form. The contractg officer is responsible for preparation the form and shall insure that it is hysically attached to the copies of the ontract forwarded to the contractor, ne material inspector, the security office E the cognizant Military Department of e facility receiving the prime contract Ia subcontract thereunder, and such Cher interested agencies as may be dermined by the Military Departments. 16.812 Release and assignment forms. (a) The forms set forth in this secon are approved for use in complying th the assignment and release provions of paragraph (f) of the compensaon clauses for cost-plus-fixed-fee and st-plus-incentive-fee contracts set rth in § 7.203-4 (a) and (b) of this hapter. Forms differing from the apcoved forms may be used if the conacting officer determines that such rms meet the applicable requirements the clause. Checks received by Army, ir Force, and Defense Supply Agency ntracting officers pursuant to paraaph 2 of the assignments in paraaphs (d) and (e) of this section shall e forwarded to the finance officer amed in the contract.

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

Witnesses:

By Title

(Contractor)

NOTE: In the case of a corporation, witnesses are not required, but the certificate below must be completed.

The following sentence shall be added to the final paragraph of the above release form when the related contract provides 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)

(11) 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 cost (other than expenses of the Contractor reason of its indemnification of the Gover ment against patent liability), includin reasonable expenses incidental thereto, in curred by the Contractor under the prov sions of the said contract relating to patenta

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

In witness whereof, this release has bean executed this 19. day of

Witnesses:

By Title

--

(Assignee)

as Assignee in the foregoing release; the who signed said release on behal of the Assignee was then

--

(Official title)

of said corporation; that said release wa duly signed for and in behalf of said co poration by authority of its governing bod and is within the scope of its corporat powers.

[CORPORATE SEAL]

The following sentence shall be added the final paragraph of the above release form when the related contract provide for reimbursement on a cost-plus-in centive-fee basis:

The Assignee further agrees that payment on account of claims not released as se forth above shall be subject to adjustmen in accordance with paragraph (1) of th clause of the contract entitled "Allowabl Cost, Incentive Fee and Payment."

(d) Set forth below is an approve form for the contractor's assignment of refunds, rebates, credits, and othe amounts, required by paragraph (f) d the clauses in § 7.203-4 (a) and (b) of this chapter.

CONTRACTOR'S ASSIGNMENT OF REFUNDS, RI
BATES, CREDITS, AND OTHER AMOUNTS (SEPT
1962)
Contract No.

ursuant to the terms of Contract No. ... and in consideration of the reimburseat of costs and payment of fee, as proed in the said contract and any assignat thereunder, the

(Contractor's name and address) reinafter called the Contractor) does eby:

. Assign, transfer, set over and release to United States of America (hereinafter ed the Government), all right, title and erest to all refunds, rebates, credits, and er amounts (including any interest reon), arising out of the performance of ¿said contract, together with all the rights action accrued or which may hereafter rue thereunder.

Agree to take whatever action may be essary to effect prompt collection of all unds, rebates, credits, and other amounts cluding any interest thereon) due or ich may become due, and to promptly ward to the Contracting Officer checks ade payable to the Treasurer of the United tes) for any proceeds so collected. The sonable costs of any such action to effect lection shall constitute allowable costs en approved by the Contracting Officer as ted in the said contract and may be aped to reduce any amounts otherwise payle to the Government under the terms reof.

3. Agree to cooperate fully with the Govment as to any claim or suit in connecn with refunds, rebates, credits, or other ounts due (including any interest there); to execute any protest, pleading, apcation, power of attorney, or other papers connection therewith; and to permit the vernment to represent him at any hear, trial, or other proceeding, arising out of ch claim or suit.

In witness whereof, this assignment has en executed this day of

governing body and is within the scope of its corporate powers.

(Corporate Seal)

In the foregoing form, substitute in contracts of the Marine Corps the words "Disbursing Officer, Special Accounts Section (Code CSG), Hqs. Marine Corps, Washington, D.C. 20380" for the words "Contracting Officer" in line 3 of paragraph 2.

(e) Set forth below is an approved form for the assignee's assignment of refunds, rebates, credits, and other amounts required by paragraph (f) of the clauses in § 7.203-4 (a) and (b) of this subchapter.

ASSIGNEE'S ASSIGNMENT OF REFUNDS, REBATES, CREDITS, AND OTHER AMOUNTS (MAY 1958)

----------)

(Assignee's name and address) (1) A corporation organized and existing under the laws of the State of (11) A partnership consisting of (iii) An individual trading as (hereinafter called the Assignee), does hereby assign, transfer, set over, and release to the United States of America, all right, title, and interest to all refunds, rebates, credits, and other amounts (including any interest thereon) arising out of the performance of the said contract, together with all the rights of action accrued or which may hereafter accrue thereunder.

In witness whereof, this assignment has been executed this day of 19_-.

of its governing body and is within the scope of its corporate powers.

[CORPORATE SEAL]

[25 F.R. 14318, Dec. 31, 1960, as amended at 27 F.R. 11664, Nov. 27, 1962; 31 F.R. 1052, Jan. 27, 1966]

§ 16.813

Change order price analysis (DD Form 1107).

§ 16.813-1 General.

DD Form 1107 (Change Order Price Analysis) provides a standard format for the submission of cost data by contractors when such data are required for the pricing of change orders under fixedprice or for cost-reimbursement type contracts. Contractor reproduction of the form is authorized.

§ 16.813-2 Conditions for use.

The contracting officer shall request the contractor to submit data required for the pricing of change orders on DD Form 1107, except where the contractor and the contracting officer have agreed otherwise. DD Form 783 (Royalty Report) (Foreign and Domestic) is approved for use as the separate schedule required by Footnote 6 of DD Form 1107. [26 FR. 9644, Oct. 12, 1961]

§ 16.813-3 Forms superseded.

This Form supersedes Departmental forms currently used solely for this purpose effective when existing stocks of Departmental forms are exhausted or 1 January 1958, whichever is earlier.

§ 16.815 Contract modification forms.

This section prescribes forms for the modification of contracts (other than small purchases using DD Form 1155) for the procurement of supplies or services.

[29 F.R. 6940, May 27, 1964] § 16.815-1

1319).

Change order (DD Form

(a) This form shall be used for: (1) Any change order issued pursuant to the changes clause of a contract;

(2) Any other unilateral contract modification (see § 1.201-2 of this chapter), except notices of termination (see § 16.701), issued pursuant to a contract provision authorizing such modification without the consent of the contractor; and

(3) Administrative changes, such as the correction of typographical mistakes,

changes in the paying office and change in accounting and appropriation data.

(b) If neither of the introducto statements on DD Form 1319 is appl cable, an appropriate statement, such "Pursuant to the clause entitled

of the above numbered contract, th following changes are made therein, should be added.

(c) When used to modify a contrac for construction, this form may be al tered to provide for the contractor's writ ten acknowledgment of the modification See § 16.405-3(a) for a format to be used for change orders where the contracto has agreed to the contract modification before issuance of the formal change or der or similar modification.

[26 FR. 2617, Mar. 28, 1961, as amended 30 FR. 6019, Apr. 29, 1965]

§ 16.815-2 Supplemental agreemen (DD Form 1320).

This form shall be used for supple mental agreements as defined in § 1.201 18. The effective date shown on D Form 1320 is the date agreed to by con tracting parties as the date on whic the terms and conditions of the supple mental agreement take effect (sel § 16.202(g)).

[30 F.R. 12021, Sept. 21, 1965]

§ 16.816 Identical bid report for pro curement (Form DJ-1500).

This form shall be used in reporting identical bids, pursuant to § 1.114 of thi chapter.

[27 F.R. 11665, Nov. 27, 1962]

§ 16.817 Abstract forms.

DD Forms 1501, 1501c, and 1501-1 Abstract of Bids, shall be used to record the bid or proposal evaluation informa tion as required in §§ 1.308, 2.403, and 3.109 of this chapter. These forms ma be modified by using the extra column and the continuation sheet to label and record such information as the procur ing activity deems necessary. [30 F.R. 14094, Nov. 9, 1965]