§ 16.601

Military Interdepartmental Purchase Request (MIPR) (DD Form 448, 448c).

DD Form 448 shall be used by the requiring Military Departments to:

(a) Request the procurement of supplies or nonpersonal services by the procuring department or agency; and

(b) Permit the procuring department or agency to authorize manufacture of the necessary supplies..

DD Form 448 is authorized for use in effecting other types of coordinated procurement pursuant to Subpart K, Part 5 of this subchapter. When a continuation sheet is necesary DD Form 448c shall be used.

§ 16.702-1

Settlement Proposal-Inventory Basis (DD Form 540).

DD Form 540 is prescribed for use by contractors in presenting claims resulting from the termination of fixed-price contracts when such claims are computed on the inventory basis.

[28 F.R. 4892, May 16, 1963]

§ 16.702-2 Settlement Proposal-Total Cost Basis (DD Form 541).

DD Form 541 is prescribed for use by contractors in presenting claims resulting from the termination of either fixedprice or cost-reimbursement type contracts when such claims are computed on the total cost basis.

[28 F.R. 4892, May 16, 1963]

§ 16.702-3 Settlement Proposal for Cost-Reimbursement Type Contracts (DD Form 547).

DD Form 547 is prescribed for use by contractors in submitting claims resulting from the termination of cost-reimbursement type contracts.

[28 F.R. 4892, May 16, 1963]

§ 16.702-4 Settlement Proposal-Short Form (DD Form 831).

DD Form 831 is authorized for use by contractors in submitting claims resulting from the termination of fixedprice contracts when the total claim is less than $2,500.

[28 F.R. 4892, May 16, 1963]

§ 16.702-5 Inventory Schedules (DD Forms 542, 543, 544, 545, and 832). (a) The following forms are prescribed for use by contractors to support settlement proposals submitted on DD Forms 540, 541, or 547:

(1) DD Form 542 (Inventory Schedule A-Metals in Mill Product Form) and DD Form 542c (Continuation Sheet);

(2) DD Form 543 (Inventory Schedule B-Raw Materials) and DD Form 543c (Continuation Sheet);

(3) DD Form 544 (Inventory Schedule C-Work in Process) and DD Form 544c (Continuation Sheet); and

(4) DD Form 545 (Inventory Schedule D-Dies, Jigs, Fixtures, etc., and Special Tools) and DD Form 545c (Continuation Sheet).

In addition, the inventory schedule forms may be used for reporting inventory in connection with adjustments under the Changes clause and inventory excess to completed contracts.

(b) DD Form 832 (Termination Inventory Schedule E-Short Form) is prescribed for use by contractors to support settlement proposals submitted on DD Form 831.

[28 F.R. 4892, May 16, 1963]

§ 16.702-6 Schedule of Accounting Information (DD Form 546).

DD Form 546 is prescribed for use by contractors in connection with settlement proposals (see § 8.307-1 of this chapter).

[28 F.R. 4892, May 16, 1963]

§ 16.703 Application for Partial Payment (DD Form 548).

DD Form 548 is prescribed for use by contractors when applying for partial payments' (see § 8.212-1(a) of this chapter).

[28 F.R. 4893, May 16, 1963]

§ 16.704 Notice of Audit Status Date (DD Form 547s).

DD Form 547s is prescribed for use by disbursing officers to fix the audit status

date in accordance with § 8.404-6 of this chapter.

[28 F.R. 4893, May 16, 1963]

Prior Amendments

1962: 28 F.R. 11664, Nov. 27.

§ 16.706

Instructions for use of termination forms.

DD Form 1114 consists of instructions for the use of contract termination settlement and inventory schedule forms. 28 F.R. 4893, May 16, 1963]

Subpart H-Miscellaneous Forms § 16.801

Statement and Certificate of Award (Standard Form 1036).

(a) Standard Form 1036 (Statement and Certificate of Award), which briefly recites the circumstances relating to contract awards, shall be prepared and executed by the contracting officer in connection with all contracts entered into after formal advertising, as required by § 2.407-7 of this chapter.

(b) At the option of the contracting officer, a Standard Form 1036 may be prepared either:

(1) For each individual award, in which case the Standard Form 1036 will be attached to the copy of the award which is forwarded to the General Accounting Office; or

(2) For each invitation for bids which results in multiple awards, provided:

(i) An original Standard Form 1036 is signed by the contracting officer;

(ii) The invitation number is shown in the upper right corner of the Standard Form 1036 in lieu of a contract number;

(iii) The Standard Form 1036 identifies each contract awarded under that invitation, as well as including information required by § 2.407-7 of this chapter.

(iv) The signed Standard Form 1036 is attached to the copy of the first contract awarded under the invitation when forwarded to the General Accounting Office; and

(v) The other contracts forwarded to the General Accounting Office and the copies retained in the Contract Files contain on their face the words "Standard Form 1036 filed with Contract Number --

[27 F.R. 8879, Sept. 6, 1962]

(b) Standard Form 1093 (Schedule of Withholdings under the Davis-Bacon Act) shall be used, in accordance with the provisions of § 12.404-9 of this chapter, to report deductions against payment vouchers of contractors on account of failure to comply with labor laws, regulations and clauses. To facilitate the work of contracting agencies in computing underpayments (and, where applicable, Eight-Hour Laws penalties) in investigation reports involving apparent violations of the Davis-Bacon and related Acts, the Department of Labor has developed and will furnish, on request, Form SOL-164 "Wage Computation and Transcription Sheet." Use of this form is optional; its use will also facilitate review of investigation reports. [Paragraph (b) amended, 27 F.R. 8879, Sept. 6, 1962] Prior Amendments

1962: 27 F.R. 1715, Feb. 22.

§ 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] Prior Amendments 1962: 27 F.R. 8879, Sept. 6. § 16.805 Bond forms.

The bond forms listed below are available for use in accordance with Departmental procedures. (See Subparts A and B, Part 10 of this chapter.)

(a) Bid Bond (Standard Form 24). (b) Annual Bid Bond (Standard Form 34).

(d) Payment Bond (Standard Form 25A).

(e) Performance Bond (Corporate CoSurety) (Standard Form 27).

(f) Payment Bond (Corporate CoSurety) (Standard Form 27A).

(g) Continuation Sheet (Corporate Co-Surety) (Standard Form 27B).

(h) Affidavit of Individual Surety (Standard Form 28).

(i) Annual Performance Bond (Standard Form 35).

(j) Performance Bond Form for Subcontracts (see § 10.103-2(d) of this chapter).

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 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.

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.

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

work being in the County of State of being hereinafter referred to as the "place where the work is located."

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 material 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 ex

piration 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 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.

[28 F.R. 12574, Nov. 23, 1963]

§ 16.806 Royalty report (Foreign and 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 information 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

ac

Individual procurement tions report (DD Form 350). [Revoked, 26 F.R. 9644, Oct. 12, 1961] § 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]

§ 16.812 Release and assignment forms. (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 set 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.

(d) Set forth below is an approved form for the contractor'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 chapter.

CONTRACTOR'S ASSIGNMENT OF REFUNDS, REBATES, CREDITS, AND OTHER AMOUNTS (SEPT. 1962)

Contract No. Pursuant to the terms of Contract No. and in consideration of the reimbursement of costs and payment of fee, as provided in the said contract and any assignment thereunder, the

(Contractor's name and address)