(hereinafter called the Contractor) does hereby:

1. Assign, transfer, set over and release to the United States of America (hereinafter called the Government), 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.

2. Agree to take whatever action may be necessary to effect prompt collection of all refunds, rebates, credits, and other amounts (including any interest thereon) due or which may become due, and to promptly forward to the Contracting Officer checks (made payable to the Treasurer of the United States) for any proceeds so collected. The reasonable costs of any such action to effect collection shall constitute allowable costs when approved by the Contracting Officer as stated in the said contract and may be applied to reduce any amounts otherwise payable to the Government under the terms hereof.

3. Agree to cooperate fully with the Government as to any claim or suit in connection with refunds, rebates, credits, or other amounts due (including any interest thereon); to execute any protest, pleading, application, power of attorney, or other papers in connection therewith; and to permit the Government to represent him at any hearing, trial, or other proceeding, arising out of such claim or suit.

In witness whereof, this assignment has been executed this 19__.

Witnesses:

day of

Officer" in line 3 of paragraph 2; in contracts of the Marine Corps, insert "Disbursing Officer, Special Accounts Section (Code CDG), Hqs. Marine Corps, Washington 25, D.C."

CODIFICATION: In § 16.812, paragraphs (a) and (d) were amended, 27 F.R. 11664, Nov. 27, 1962.

§ 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 F.R. 9644, Oct. 12, 1961]

§ 16.814-1 U.S. Government ArchitectEngineer Questionnaire (Standard Form 251, June 1961 Edition).

This form is designed to assure the uniform submission of experience and organizational data by architect-engineer firms and shall be used in lieu of any corresponding Departmental form. [26 F.R. 9644, Oct. 12, 1961] § 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 changes in accounting and appropriation data.

(b) If neither of the introductory statements on DD Form 1319 is applicable, an appropriate statement, such as "Pursuant to the clause entitled

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

[26 F.R. 2617, Mar. 28, 1961]

§ 16.816 Identical bid_report for procurement (Form DJ-1500).

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

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

§ 17.201

Authority of the Secretaries and the Director, DSA.

(a) The Secretary of each Department may delegate in writing his authority under the Act and the Executive Order, subject to the following limitations:

(1) Authority to approve actions under the Act obligating the United States in an amount in excess of $50,000 shall not be delegated below the Secretarial level; and

(2) Authority to approve any amendment without consideration which increases the stated contract price or unit price may not be delegated below the Secretarial level except in extraordinary cases or classes of cases as to which the Secretary involved finds that there are

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special circumstances clearly justifying delegation to a lower level.

(b) The Director of the Defense Supply Agency may exercise authority under the Act and the Executive Order in all cases obligating the United States in the amount of $50,000 or less, and in disapproving proposed action in any amount. This authority may be redelegated, consistent with the provisions of this Section. Recommendations for payments in excess of $50,000 will be submitted by the Director to the Assistant Secretary of Defense for Installations and Logistics for approval.

1961: 26 F.R. 5311, June 14.

§ 17.203 Authority of other officers and officials.

(a) The following authority has been delegated to the officers and officials listed in paragraph (b) of this section:

(1) Authority to deny any request for contractual adjustment under this subpart;

(2) Subject to the limitations set forth in § 17.205, authority to approve, authorize, and direct an appropriate action, and to make all determinations and findings which are necessary or appropriate, in the examples of mistake and informal commitment described in §§ 17.204-3 and 17.204-4, including, where necessary thereto, authority to modify, release, rescind, or cancel obligations of any sort and to extend delivery and performance dates; and

(3) Authority to submit to the cognizant Contract Adjustment Board for its determination, together with his recommendation

(i) Any case where the officer or official recommends a specific adjustment which he does not have authority to approve under subparagraph (2) of this paragraph; and

(ii) Any doubtful or unusual case. The foregoing authority may be redelegated only with the written approval of the Secretary concerned or the Director.

(i) Where an indemnification agreement is authorized under the Act, a contract clause providing that the Government's obligation under the agreement is expressly conditioned upon and subject to the availability of appropriated funds from which payment can be made; and (j) Any other clauses set forth in this subchapter which are appropriate to the particular procurement.

CODIFICATION: § 17.206 was amended in the following respects:

1. Paragraph (e) was amended, 28 F.R. 4893, May 16, 1963.

2. In paragraph (h), the reference §§ 12.604 and 12.403 of this chapter" was changed to "§§ 12.605 and 12.403 of this chapter", 27 F.R. 11665, Nov. 27, 1962.

3. Paragraph (i) was amended, 28 F.R. 4893, May 16, 1963.

4. Paragraph (1) was added, 28 F.R. 4893, May 16, 1963.

§ 17.207-1 Filing requests.

Any person seeking an adjustment under the standards set forth in § 17.204 (hereinafter called the "contractor") may file a request in duplicate with the cognizant contracting officer or his duly authorized representative. If such filing is impracticable, requests will be deemed to be properly filed if filed with the following addresses for forwarding to the cognizant contracting officer:

(a) In the Army:

Director of Procurement

Office of the Assistant Secretary of the Army (Installations and Logistics) Washington 25, D.C.;

(b) In the Navy:

The Navy officer or official listed in § 17.203 (b) (2) appearing to be cognizant of the contract or commitment involved;

(d) Defense Supply Agency activities, to Headquarters, DSA.

[Paragraph (d) added, 27 F.R. 6139, June 29, 1962]

§ 17.207-4 Facts and evidence.

(a) General. The contracting officer, or any officer, official, or Contract Adjustment Board, having authority to act upon the contractor's request, shall, where considered appropriate, request the contractor to furnish additional facts, and evidence as described in this paragraph, and, in addition, where applicable, as described in paragraph (b), (c), (d) or (e) of this section (in complying with such requests, the contractor may also submit other statements and evidence which he may consider helpful to the case):

(1) If written contracts are involved, a brief description of the contracts, indicating the dates of execution and amendments thereto, the items being procured, the price or prices and delivery schedule and revisions thereof, and such other special contractual provisions as may be relevant to the request:

(2) A history of performance indicating when work under the contracts or commitments was begun, the progress made to the present, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof;

(3) A statement of payments received, payments due, and payments yet to be

received or to become due, including advance and progress payments, and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract;

(4) A statement giving a detailed analysis of the monetary elements of the request including precisely how the actual or estimated dollar amount of the request was arrived at, the effect of approval or denial on the contractor's profits before Federal income taxes, and whether the costs for which reimbursement is requested have been included as a part of his gross costs in statutory renegotiation proceedings, together with the contractor's renegotiation status for the relevant years;

(5) If a written contract is involved, a statement of the contractor's understanding of why the subject matter of the request cannot now, and could not at the time it arose, be disposed of under the terms of the contract itself;

(6) The best evidence available to the contractor in support of any facts alleged by the contractor, including contemporaneous memoranda, correspondence, affidavits, and any other material tending to establish matters of fact;

(7) Relevant financial statements, cost analyses, or other such data, preferably certified by a certified public accountant, including such additional financial data as is necessary to explain fully and to support the monetary elements of the request for adjustment;

(8) A list of persons (within the Department of Defense, in the employ of the contractor, or otherwise connected with the contract) who have some factual knowledge of the subject matter, including where possible the name, office or title, address and telephone number of each such person;

(9) A statement and evidence of steps taken to mitigate loss and reduce claims to a minimum; and

(10) Such other statements or evidence as may be requested by the contracting officer.

(b) Amendments without consideration under § 17.204-2(a). In addition to the facts and evidence listed in paragraph (a) of this section, where a request involved possible amendment without consideration, and essentiality to the national defense is a factor, the contractor shall be asked to furnish such of

the following as is deemed appropriate to the request:

(1) A statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit;

(2) A statement and evidence of the contractor's present estimate of total costs under the contracts involved if enabled to complete, broken down between costs accrued to date of request, and runout costs, and as between costs for which the contractor has made payment and those for which he is indebted at the time of the request;

(3) A statement and evidence of the contractor's estimate of the final price of the contracts involved giving effect to all escalation, changes, extras and the like, known or contemplated by the contractor;

(4) A statement of any claims known or contemplated by the contractor against the Government involving the contracts in question, other than those stated in response to subparagraph (3) of this paragraph;

(5) An estimate of the contractor's total profit or loss under the contracts involved if enabled to complete at the estimated final contract price (see subparagraph (3) of this paragraph) broken down between profit or loss to date, and runout profit or loss;

(6) An estimate of the total profits from other Government business, and all other sources, during the period from the date of the first contract involved to the estimated date of completion of all the contracts involved;

(7) A statement of the amount of any tax refunds and an estimate of those anticipated during or for the period from the date of the first contract involved through the estimated completion date of all the contracts involved;

(8) A statement in detail as to efforts the contractor has made to obtain funds from commercial sources to enable him to complete performance of the contracts involved;

(9) A statement of the minimum amount necessary as an amendment without consideration to enable the contractor to complete performance of the contracts involved, and the detailed basis for that amount;

(10) An estimate of the time required to complete each contract, if the request is granted;

(11) A statement of the factors which have caused the loss under the contracts involved;

(12) A statement as to the course of events anticipated if the request is denied;

(13) Balance sheets, preferably certified by a certified public accountant, as of the end of the contractor's fiscal year first preceding the date of the first contract, as of the end of each subsequent fiscal year, as of the date of the request, and projected as of the date of completion of all the contracts involved assuming the contractor is enabled to complete the contracts at the final prices estimated pursuant to subparagraph (3) of this paragraph, together with income statements for annual periods subsequent to the date of the first balance sheet (Balance sheets and income statements should be both consolidated, and by affiliates, and should show all transactions between the contractor and his affiliates, stockholders, and partners, including loans to the contractor guaranteed by any stockholder or partner); and

(14) A list of all salaries, bonuses and all other forms of compensation of the principal officers or partners and of all dividends and other withdrawals, and all payments to stockholders in any form since the date of the first contract involved.

(c) Amendments without consideration under § 17.204–2(b). In addition to the facts and evidence listed in paragraph (a) of this section, where a request involves possible amendment without consideration because of Government action, and essentiality to the national defense is not a factor, the contractor shall be asked to furnish such of the following as is deemed appropriate to the request:

(1) A clear statement of the precise Government action which the contractor considers caused a loss under the contract with evidence to support each essential fact;

(2) A statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances, and profit;

(3) The estimated total loss suffered under the contract, with detailed supporting analysis; and

(4) The estimated loss resulting from the Government action, with detailed supporting analysis,

(d) Correction of mistakes. In addition to the facts and evidence listed in