§ 1-16.902 Optional forms. Optional forms are illustrated in this section in the same manner and for the same purpose as is stated in § 1-16.901 for standard forms. § 1-16.902-OF-61 Optional Form 61: Small Business Subcontracting Program Quarterly Report of Participating Large Company on Subcontract Commitments to Small Business Concerns. 1. This report is to be submitted for each calendar quarter by all contractors maintaining SMALL BUSINESS SUBCONTRACTING PROGRAMS, and required to report. The original and Nes of each report shall be submitted to: SPECIMEN Reports shall be submitted for more than individual companies will be treated as confidencial after the close of the quarter being reported. Data pertaining to 2. Each reporting company, division or place shall report the required information for the reporting unit as a whole on the basis of the total "mix" of contracting agency business (e.g., commitments for subcontracting work shall not be segregated as between subcontracts under prime or under subcontracts). SPECIFIC INSTRUCTIONS ITEM 1. Specify the agency and its representative who established reporting arrangements under the Subcontracting Small Business Program. ITEM 2. Enter the day, month and year of the first and last days of the period covered by this report. ITEM 3. Enter the name of the reporting company or subdivision thereof (e.g., division or plant) which is covered by the data submitted. A company may elect to report on a corporate, division or plant basis. ITEM 4. If the report is for a division, plant or other subdivision of a company, enter the name of the company of which the reporting subdivision is a part. ITEM 5a. Enter the net dollar amount of the commitments made by the reporting organization during the quarter to small business concerns for agency (see Item 1) subcontracts and purchases. The repor ng company may accept the representation of a supplier that it is a small business concern under Definition No. 1. b. Enter the net dollar amounts of commitments made by the reporting organization during the quarter to large business concerns for agency (see Item 1) subcontracts and purchases. c. Enter the total net dollar amount of commitments made by the reporting organization during the quarter to all business concerns for agency (see Item 1) subcontracts and purchases. ITEM 6. Self explanatory. ITEM 7. Enter the date (day, month, year) this report is submitted. DEFINITIONS 1. SMALL BUSINESS CONCERN. A small business concern is a concern that meets the pertinent criteria established by the Small Business Administration and set forth in Title 13, Chapter 1, Part 121 of the Code of Federal Regulations. 2. SUBCONTRACTS AND PURCHASES. Subcontracts and purchases as used herein means procurement by a business concern of any article, material or service, including agency (see Item 1) portion of stock inventory and, where reasonably determined to be attributable to such agency contracting, purchases of plant maintenance, repair, operation, and capital equipment, entering into the performance of such agency supply, service or facility contract received by that business concern from (i) the (INSTRUCTIONS CONTINUED ON REVERSE) 5061-101 OPTIONAL FORM NO. 61 FPR (41 CFR) 1-16.804 (b) Page 2 of Optional Form 61. agency (see Item 1), or (ii) another business concern. Procurement of Experimental, Development and Research work is to be included. 3. COMMITMENTS. Commitments as used herein means contracts, purchase orders or other legal obligations executed by the reporting Company for goods and services to be received by the reporting Company. Commitments shall include increases to purchase orders and contracts less downward adjustments to purchase orders and contracts as a result of contract changes, cut-backs, or terminations. 4. SUBCONTRACT AND PURCHASE COMMITMENTS. Subcontract and purchase commitments will include all commitments (net, after adjustments) to a supplier of subcontracted or purchased articles, materials or services, as defined in 2 above, except purchases from a company, division, or plant which is an affiliate of the reporting company. NOTE: Agencies may enter the letters N.A. (meaning not available) in each block where data is called for by the forms and the data is not available by the close of the first reporting period (1.e., June 30, 1969) because of necessary changes in systems employed to collect the data. § 1-16.903 Department of Justice forms. Department of Justice forms are il lustrated in this section in the same manner and for the same purpose as is stated in § 1-16.901 for standard forms. § 1-16.903-DJ-1500 Form DJ-1500: Identical Bid Report for Procurement. Sec. 1-17.402 1-17.403 Final records. Subpart 1-17.5-Act and Executive Order The Act of August 28, 1958 (Public Law 85-804; 50 U.S.C. 14311435). 1-17.502 Executive Order No. 10789 of November 14, 1958. AUTHORITY: The provisions of this Part 1-17 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 1-17 appear at 29 F.R. 10348, July 24, 1964, unless otherwise noted. § 1-17.000 Scope of part. As distinguished from the normal principles and procedures set forth in the other parts of the FPR, this part establishes uniform regulations for entering into and amending or modifying contracts to facilitate the national defense under the extraordinary, emergency authority granted by the Act of August 28, 1958, Public Law 85-804 (50 U.S.C. 1431-1435), set forth in § 1-17.501, hereinafter referred to in this Part 1-17 as "the Act," and Executive Order No. 10789 of November 14, 1958 (3 CFR, 19541958 Comp., pp. 426-428), as amended by Executive Order No. 11051 of September 27, 1962 (3 CFR, 1959-1963 Comp., pp. 635-644), set forth in § 1-17.502, hereinafter referred to in this Part 1-17 as "the Executive Order." Subpart 1-17.1-General (a) The Act empowers the President to authorize departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. (Similar authority was formerly contained in Title II of the First War Powers Act, 1941, which, as extended, expired June 30, 1958.) (b) The Executive Order authorizes the head of each agency named therein to delegate the authority conferred upon him thereby to any other officials within his agency, and to confer on any such officials the power to make further delegations of such authority within their respective organizations. However, under the Act and the Executive Order, authority to approve actions obligating the United States in an amount in excess of $50,000 may not be delegated below the secretarial level, as defined in § 1-17.104 (b). § 1-17.102 General policy. (a) Authority conferred by the Act shall be delegated in a manner which will best serve the interests of the national defense and, at the same time, retain control over the exercise of the authority at a level within the agency which is high enough to insure uniformity of action. (b) The authority conferred by the Act shall not be utilized so as to encourage carelessness and laxity on the part of persons engaged in the defense effort nor be relied upon where other adequate legal authority exists. (c) The actions authorized under the Act shall be processed as expeditiously as practicable consistent with the care, restraint, and exercise of sound judgment, appropriate to such extraordinary authority. § 1-17.103 Types of actions. The following three types of actions may be taken by or pursuant to the direction of an approving authority under the Act: (a) Contractual adjustments such as amendments without consideration, correetion of mistakes, and formalization of informal commitments (see Subpart 1-17.2). (b) Making advance payments (procedures for making such payments are set forth in Subpart 1-30.4). (c) Exercise of "residual powers," which refers to all other authority under the Act (see Subpart 1-17.3). |