Subpart 19-16.1—Forms for Advertised Supply Contracts

§ 19-16.102 Award documents.

(a) Standard Form 26 shall be used as the Agency's award document whenever Standard Form 33 is used. The award section of Standard Form 33 shall be left blank and its heading obliterated.

(b) When a narrative type contract is authorized the signature page shall serve in lieu of an award document. Copies of Standard Form 26 shall be used to provide information and instructions to appropriate Agency offices when necessary.

§ 19-16.104 Terms, conditions, and provisions.

The provisions of Agency Form, IA332, Supplemental General Provisions are prescribed for use in all supply contracts in addition to the provisions of Standard Form 32. Form IA-332 should also be used with Standard Form 32 for service contracts when appropriate.

shall also be furnished to the applicant. A copy of both forms shall be completed by the applicant and returned to the Agency.

§ 19-16.850 Other agency forms.

The forms listed in this §'19-16.850 shall be used in compliance with directives of the applicable regulatory agencies of the Government and in accordance with Chapter 1 of this title.

§ 19-16.851 Department of Labor forms.

The following forms, posters and letter posters, shall be furnished contractors in accordance with referenced regulations.

[35 FR 19017, Dec. 16, 1970, as amended at 43 FR 28494, June 30, 1978]

§ 19-16.851-1 Department of Labor letter and poster, PC-13 (Walsh-Healey Public Contracts Act).

PC-13, Department of Labor letter and poster, shall be furnished contractors, performing contract work subject to the Walsh-Healey Public Contracts Act, in accordance with § 1-12.604(b) of this title.

§ 19-16.851-2 Department of Labor form, PC-16 (Walsh-Healey Public Contracts Act).

PC-16, Department of Labor form, shall be furnished to contractors, performing contract work subject to the Walsh-Healey Public Contracts Act in accordance with § 1-12.604(c) of this title.

§ 19-16.851-3 Department of Labor form, SF-99, Notice of Award of Contract. Standard Form 99, Notice of Award of Contract, shall be prepared and submitted to the Department of Labor, Wage and Hour and Public Contracts Division, when contract is subject to the Walsh-Healey Public Contracts Act in accordance with § 112.604(d) of this title or subject to the Service Contract Act of 1965 and the provisions of the Fair Labor Standards Act of 1938, in accordance with § 112.905-6 of this title.

§ 19-16.851-4 Secretary of Labor poster, Equal Opportunity is the Law.

Equal Opportunity is the Law, a Secretary of Labor Notice, shall be furnished contractors, subject to Executive Order No. 11246, Executive Order No. 11375 and the rules and regulations of the Secretary of Labor, in accordance with § 1-12.805.3 of this title.

§ 19-16.851-5 Department of Labor form, SC-1 Notice to Employees Working on Government Service Contracts.

SC-1, Department of Labor form, shall be furnished contractors performing contract work subject to the Service Contract Act of 1965, in accordance with § 1-12.905-1 of this title.

§ 19-16.860 International Communication Agency forms.

This section prescribes International Communication Agency forms to be used in addition to the standard forms prescribed in Chapter 1, Part 16, of this title in the procurement of supplies and services.

§ 19-16.860-1 Supplemental General Provisions, IA-332.

Supplemental General Provisions, IA-332, shall be used in contracts which incorporate Standard Form 32, in accordance with § 19-16.104.

§ 19-16.860-2 Requisition-Purchase OrderInvoice for Professional Services, IA44.

Form IA-44 is prescribed for use by media purchasing activities for the procurement of professional (talent vendor) services related to the translation or narration of colloquial speech in foreign languages. Clearances of vendors in accordance with Section 430, Part VIII, Manual of Operation and Administration shall be obtained prior to procuring such services.

§ 19-16.860-3 Memorandum of Loan, IA431.

Form IA-431 is prescribed for use to obtain the loan of items from private owners, business firms, and nonprofit institutions for use in the Agency's exhibit program.

Subpart 19-60.1—Disputes

§ 19-60.100 Scope of subpart.

This subpart sets forth the policy and procedures pertaining to disputes arising under contracts, the review of available facts pertinent to the dispute, and the rendering of a final decision thereon by the contracting offi

cer.

§ 19-60.101 General.

Unless otherwise specified in a contract, any dispute concerning a question of fact under a contract shall be decided by the contracting officer who shall reduce his/her decision to writing and mail by certified mail, return receipt requested, or otherwise furnish a copy to the contractor.

§ 19-60.102 Determination of issues.

Before making a decision, the contracting officer shall consider all oral and written arguments or evidence as the contractor may present in support of his/her claim. He/she shall conduct such investigation as may be necessary to ascertain the facts. Based upon his/ her review of all available facts and advice of legal counsel, he/she shall endeavor to resolve by mutual agreement a satisfactory settlement of the dispute. When questions are settled in this manner, an agreement shall be drawn up in the form of a letter or memorandum for the official records.

§ 19-60.103 Decision of the contracting officer.

When an agreement cannot be successfully negotiated, the contracting officer with the advice and assistance of the Office of the General Counsel shall render a decision in accordance with the disputes clause of the contract. The decision shall include a statement of the facts under dispute, a statement of the contractor's claim, a statement of the facts upon which the parties agree or disagree, a statement of the contracting officer's final decision, and a statement advising the contractor that decisions on disputed questions of fact and on other questions that are subject to the procedure of the disputes clause of the contract

may be appealed in accordance with the provisions of that clause. The decision shall further advise the contractor that appeals must be in writing (in triplicate) and must be mailed or otherwise furnished the contracting officer within the time provided in the disputes clause of the contract or if none is designated within thirty days from the date of receipt of the final decision. See § 1-1.318. The decision will also advise the contractor that the Armed Services Board of Contract Appeals has been designated the authorized representative of the Director for the hearing of such appeals and that the regulations herein recited shall be applicable with regard to the procedure of such appeals before the Board.

Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete all references to the Secretary of Defense and the Secretaries of the Military Departments and substitute therefor the words "Director, International Communication Agency."

(b) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete in its entirety the third paragraph pertaining to the requirement of the Secretary of Defense or the Secretary of a Military Department to personally render a decision on a matter in dispute based on findings and recommendations submitted by the ASBCA.

(c) Preliminary procedures, paragraph 3 (Forwarding Appeals)-after the word "Board" at the end of the first sentence, insert a comma in lieu of the period and add immediately thereafter the words "through the Office of the General Counsel, International Communication Agency."

(d) Preliminary procedures, paragraph 4 (Duties of the Contracting Officer)-delete the words "and to the Government Trial Attorney" and add in lieu thereof the words "through the Office of the General Counsel, International Communication Agency."