to accept the non-conforming item. If urgency of acceptance is a factor, recommendations for deviation shall be handled on an expedited basis. When stock items are involved, the contracting officer shall coordinate with the appropriate national inventory manager to determine urgency of need. (d) Where the recommendation for deviation is concurred in by the appropriate specification manager, he shall furnish the contracting officer with an estimate of the savings in costs which will accrue to the contractor. The contracting officer shall be guided by the estimate in negotiating an equitable price reduction (including direct and indirect costs, plus profit) for the deviation and shall annotate the contract file with a statement justifying the adequacy and reasonableness of the price reduction. (e) For nonstock items (see § 114.206), the approval of the requiring activity must be obtained in all cases involving acceptance of nonconforming supplies or services. (f) Contracting officers not accept nonconforming supplies or services if the deviation is similar to a deviation which was the basis for rejection of an otherwise low bid received on the same invitation for bids. (g) When it is determined to accept nonconforming material, the contracting officer shall provide appropriate notice to the regional Quality Control Division that submitted the rejection report. [36 FR 4259, Mar. 4, 1971, as amended at 38 FR 18247, July 9, 1973; 42 FR 5057, Jan. 27, 1977] § 5A-14.206-2 Waiver of contractors inspection or tests. Contractual inspection or test requirements may be the responsibility of either the Government or the contractor (see FPR 1-14.104(c)); however, performance of such inspection or tests by the Government does not relieve the contractor of his responsibilities under the contract to delivery conforming supplies or services. Under special circumstances, such as urgency of the requirement, the contracting officer may consider it to be in the best interest of the Government to waive certain contractual inspection or test requirements. However, such waiver action shall be processed in accordance with the same procedures as specified for acceptance of nonconforming supplies or services (see § 5A-14.206-1). [36 FR 4260, Mar. 4, 1971] PART 5A-16-PROCUREMENT FORMS Sec. 5A-16.000 Scope of part. 5A-16.001 Changes in prescribed forms. Subpart 5A-16.9—Illustrations of Forms 5A-16.901-30-1 Instructions for completing Standard Form 30, Amendment of Solicitation/Modification of Contract. 5A-16.901-98 Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice. 5A-16.901-1094 Standard Form 1094, U.S. Award of Contract. 5A-16.901-1094 Standard Form 1094, U.S. Tax Exemption Certificate. 5A-16.901-1165 Standard Form 1165, Receipt for Cash-Subvoucher. 5A-16.950-103 GSA Form 103(FL), Transmittal of Award of Contract and GSA Form 72. 5A-16.950-289 GSA Form 289, Abstract of Bids. 5A-16.950-289a GSA Form 289a, Abstract of Bids (Continued). 5A-16.950-300 GSA Form 300, Purchase Order. 5A-16.950-300a GSA Form 300a, Purchase Order (Continuation Sheet). 5A-16.950-300-1 Special instructions for preparation of GSA Form 300, Purchase Order. 5A-16.950-353 GSA Form 353, Plant Facilities Report. 5A-16.950-457 GSA Form 457, FSS Publications Mailing List Application. 5A-16.950-894 GSA Form 894, Financial Responsibility-Inquiry and Reply. 5A-16.950-1056 GSA Form 1056, Notice of Shipment. 5A-16.950-1057 GSA Form 1057, Expedite Request-Reply. 5A-16.950-1171 GSA Form 1171, Application for Presenting New or Improved Articles, and Instructions for Submitting the Form. 5A-16.950-1246 GSA Form 1246, GSA Supplemental Provisions (A.I.D. Procurement), July 1971 edition. 5A-16.950-1378 GSA Form 1378, Record of, and Receipt for, Bids and Responses. 5A-16.950-1400 GSA Form 1400, Guide for Marking Shipments. 5A-16.950-1424 GSA Form 1424, GSA Supplemental Provisions. 5A-16.950-1447 GSA Form 1447, Procurement Case Summary. ཁ་ Sec. 5A-16.950-1448 GSA Form 1448, Notice of Labor Surplus Area Set-Aside. 5A-16.950-1535 GSA Form 1535, Recommendation for Award(s). 5A-16.950-1535A GSA Form 1535A, Recommendation for Award(s)-Continu ation Sheet. 5A-16.950-1535-1 Instructions for Completing GSA Form 1535, Recommendation for Award(s). 5A-16.950-1584 GSA Form 1584, Contract 5A-16.950-1584A GSA Form 1584A, Con- Instructions on Completing GSA Form 1584, Contract Summary. 5A-16.950-1602 GSA Form 1602, Transmittal Sheet for Invitations for Bids and Solicitation for Offers. 5A-16.950-1649 GSA Form 1649, Recommendation for Improvement of Federal Supply Schedules. 5A-16.950-1679 GSA Form 1679, Contract Administration. 5A-16.950-1719 GSA Form 1719, Guaranteed Quantity Data. 5A-16.950-1720 GSA Form 1720, Request for Release of Classified Information to U.S. Industry. 5A-16.950-1754 GSA Form 1754, Bidders Mailing List Application Code Sheet 5A-16.950-1773 GSA Form 1773, Notice of 5A-16.950-1783 GSA Form 1783, Bidders Mailing List Application Code Sheet (Services). 5A-16.950-1790 GSA Form 1790, Subcontracting Programs. 5A-16.950-1950 GSA Form 1950, Transmittal of Contract Award. 5A-16.950-1955 GSA Form 1955, Cover for Term Contract Ordering Data. 5A-16.950-2010 GSA Form 2010, Tabulation (Small Purchases). 5A-16.950-2022 GSA Form 2022, Instructions to Suppliers. E5A-16.950-2049 GSA Form 2049, Contractor's Certificate of Conformance. 5A-16.950-2097 GSA Form 2097, Offer and Acceptance-Small Purchase. 5A-16.950-2166 GSA Form 2166, Service Contract Act of 1965. 5A-16.950-2439 GSA Form 2439, Bidders Mailing List Selection Request. 5A-16.950-2440 GSA Form 2440, Request for Addressee Information. 5A-16.950-2459 GSA Form 2459, Bidders Mailing List Instructions. 5A-16.950-2465 GSA Form 2465, Notice of Appeal. Sec. 5A-16.950-2497 GSA Form 2497, Contractual Document Transmittal Receipt. 5A-16.950-2525 GSA Form 2525, Notifica tion of Appointment or Termination of Appointment of Contracting Officer. 5A-16.950-2525A, B, C GSA Form 2225A (Gold Seal), B (Silver Seal), and C (Black Seal) Certificate of Appointment. 5A-16.950-2689 GSA Form 2689, Procure ment Not Set-Aside for Small Business. 5A-16.950-2713 GSA Form 2713, Records Check and Inquiry on Bidders and Contractors. 5A-16.950-2715 GSA Form 2715, Decision of the Contracting Officer. 5A-16.950-2720 GSA Form 2720, Prelimi nary Notice of Default. 5A-16.950-2721 GSA Form 2721. Attachment A (Preliminary Notice of Default). 5A-16.950-2728 GSA Form 2728, Procurement Contract Register. 5A-16.950-2737 GSA Form 2737, Brand Name Information. 5A-16.950-2806 GSA Form 2806, List of Supplies and Services. 5A-16.950-2806A GSA Form 2806A, List of Supplies and Services. 5A-16.950-2880 GSA Form 2880, EEO Award Report (Reference No.-). 5A-16.950-2891 GSA Form 2891, Standard Provisions-Federal Supply Schedules. 5A-16.950-2932 GSA Form 2932, Proposed Substantial Contract Awards. 5A-16.950-2952 GSA Form 2952, General Provisions (Transportation Contract). 5A-16.950-2967 GSA Form 2967, Request for Specification and/or Purchase Description Action. 5A-16.950-2984 GSA Form 2984, Value Incentive Clause. 5A-16.950-3014 GSA Form 3014, Order for Supplies or Services. 5A-16.950-3254 GSA Form 3254, Production Procurement Plan. 5A-16.950-3255 GSA Form 3255, Late Term Contract Status Report. 5A-16.950-3256 GSA Form 3256, Federal Supply Schedule and Nonstock Programs Status Report, 5A-16.950-6220 GSA Form 6220, Introductory Contractor's Record. 5A-16.950-6477 GSA Form 6477, New Item Application Summary. 5A-16.951 Department of Defense Forms. 5A-16.951-254 DD Form 254, Contract Security Classification Specification. 5A-16.954 Department of Labor Forms. 5A-16.954-1313 Department of Labor, WH Publication 1313, Notice to Employees Working on Government Contracts. NOTE: Copies of the forms identified in this Part 5A-16 under Subpart 5A-16.9 are filed with the original document. Copies may be obtained from General Services Administration Region 3, Office of Administra tion, Printing and Publication Division-3 BRD, Washington, D.C. 20407. For changes to this listing of forms, see the List of Sections Affected. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); and 41 CFR 5-1.101(c). § 5A-16.000 Scope of part. This part contains illustrations of selected forms used in FSS procurement and sets forth the conditions which permit changes in prescribed forms. [32 FR 9438, June 30, 1967] § 5A-16.001 Changes in prescribed forms. (a) No deletion, modification, or other deviation in prescribed forms shall be permitted except as provided in this Chapter 5A in connection with the use of such forms, or without the prior approval of the Director, Program Management Division, who shall secure such higher approvals as may be necessary. (b) Additional terms, conditions, and provisions considered by the buying activity to be essential to its making of advertised or negotiated supply contracts may be used provided they are not inconsistent with those in prescribed forms. However, additional terms and provisions designed merely to clarify the provisions of such prescribed forms should not be used. Where it is found that bidders or contractors regularly misinterpret or have difficulty in understanding particular provisions of such forms, the Director, Program Management Division, shall be advised. There is no objection to brief statements in invitations directing attention of bidders to specific provisions of the prescribed forms which are particularly applicable to the type of procurement involved. However, this technique should be used sparingly and judiciously. [32 FR 9438, June 30, 1967] Subpart 5A-16.9-Illustrations of EDITORIAL NOTE: For changes to the Illustrations of Forms originally appearing at 32 FR 9438, June 30, 1967, see the List of CFR Sections Affected in this volume. § 5A-19.108-1 Use of privately owned U.S.flag commercial vessels. (a) GSA policy. It is the policy of GSA to transport, to the greatest extent possible, all ocean shipments, in- or out-bound, by privately owned U.S.-flag commercial vessels. (b) Clause for contractor-arranged ocean transportation of commodities. Unless the shipping activity authorizes to the contrary, any contract under which (1) commodities may be procured and (2) the contractor arranges for ocean transportation, shall contain the following provision or appropriate modification (included in GSA Forms 1246 and 1424): USE OF U.S.-FLAG COMMERCIAL VESSELS Any equipment, materials, or commodities required under this contract which are to be transported on ocean vessels shall be transported on privately owned U.S.-flag commercial vessels. When such vessels are not available, the Contractor must obtain the approval of the Contracting Officer to use foreign-flag vessels. The contract price shall be adjusted to reflect any difference in transportation charges when such foreignflag vessels are authorized. A copy of the ocean bill of lading covering each shipment shall be submitted to the Contracting Offi cer. [39 FR 6721, Feb. 22, 1974] § 5A-19.108-50 Shipments by foreign-flag vessels in Cuban or North Vietnam trade. (a) Vessels listed in the Federal Register by the Department of Commerce (Maritime Administration). (1) No ocean shipment of material to or from the United States shall be arranged by GSA on a foreign-flag vessel which has been listed in the FEDERAL REGISTER by the Maritime Administration as having called at a Cuban port on or after January 1, 1963, or at a North Vietnam port on or after January 25, 1966, unless an exception has been nade by the Secretary of Commerce. The Maritime Administration also naintains, on a day-to-day basis, a curent index of any changes which occur ubsequent to issuance of the latest isting. (2) The regional Transportation Management Division, FSS, shall (i) nsure that they are on the FEDERAL REGISTER mailing list and (ii) if neces sary, supply ocean freight forwarders under contract with GSA the published listing of ineligible vessels. (3) The Office of Transportation and Public Utilities, Central Office, shall process requests for exceptions and answer questions concerning provisions of this section or the eligibility of specific vessels. (b) AID shipments specifying ineligible vessels. If a country or its designee receiving an Agency for International Development (AID) shipment specifies an ineligible vessel, the Office of Transportation and Public Utilities, Central Office, will nominate an eligible vessel. (c) Contract clause. All contracts which may cause the contractor in the performance thereof to procure ocean transportation for any shipment to or from the United States shall contain the following clause (included in GSA Forms 1246 and 1424): NONUSE OF FOREIGN-FLAG VESSELS ENGAGED IN CUBAN OR NORTH VIETNAM TRADE (a) If, after the date of award, any shipment of supplies to be delivered under this contract, or any shipment of material to be incorporated in such supplies, or any shipment of articles, materials, or supplies to be incorporated in a construction project will require ocean transportation to or from the United States, the Contractor shall not use any foreign-flag vessel which the Maritime Administration has listed in the FEDERAL REGISTER as having called at a Cuban port on or after January 1, 1963, or a North Vietnam port on or after January 25, 1966, unless an exception has been made by the Secretary of Commerce. (b) For the purposes of this clause, the term "United States" includes the fifty States, Puerto Rico, possessions of the United States, and the District of Columbia. (c) The Contractor shall include the substance of this clause, including this paragraph (c), in each subcontract or purchase order hereunder which may involve ocean transportation to or from the United States. [39 FR 6721, Feb. 22, 1974] § 5A-19.108-51 Restrictive charter clause-contractor charter party agree ments. Contracts for the procurement of commodities which are likely to be transported on ocean vessels under charter parties arranged by the con tractor shall contain the following clause: RESTRICTIVE Charter Clause (a) The Contractor agrees to include the following Restrictive Charter clause in any charter party agreement entered into by it for the transportation on foreign-flag vessels of the material purchased hereunder: "The vessel will not enter any port in North Korea or the Communist-controlled area of Vietnam until after 60 days from the date of completion of discharge of the entire cargo under this charter. In the event of failure to comply with said agreement, 10 percent of the freight charges for ocean transportation hereunder will not be earned. Ten percent of the freight charges payable hereunder will be withheld by the charterer until the owner or his authorized agent submits evidence satisfactory to the charterer that there has been complete compliance with this agreement, and in the absence of such evidence, the withheld portion of the charges will not be paid." The Contractor further agrees to notify the vessel owner or his authorized agent that in the ever.t of violation of the provisions of said clause all vessels of the owner may be barred from further chartering for the transportation of cargoes owned by or destined for the Government of the United States of America. (b) Promptly after expiration of the 60day period provided in the Restrictive Charter clause stated in paragraph (a), above, the Contractor, on the basis of the evidence furnished him by the vessel owner or his authorized agent, shall determine whether the vessel has complied with the above Restrictive Charter clause. If the Contractor determines that the Restrictive Charter clause has been complied with, the Contractor shall pay to the owner of the vessel or his authorized agent the aforesaid withheld 10 percent. If the Contractor determines that said Restrictive Charter clause has not been complied with, the Contractor shall notify the owner of the vessel or his authorized agent of such determination of violation of the clause and shall afford said owner or his authorized agent 30 days within which to furnish to the Contractor any additional evidence which will show to the satisfaction of the Contractor that the Restrictive Charter clause has not been violated. During said 30-day period the Contractor shall continue to withhold the aforesaid 10 percent of the freight charges. If upon the expiration of said 30-day period the owner of the vessel or his authorized agent has not established proof satisfactory to the Contractor of compliance with said Restrictive Charter clause, the Contractor shall advise the owner of the vessel or his authorized agent of such final determina tion and shall thereafter promptly pay to the Government the full amount of the freight charges withheld by the Contractor pursuant to the aforesaid Restrictive Charter clause. (c) Promptly after expiration of the 60day period provided in the above-stated Restrictive Charter clause, the Contractor shall furnish the Contracting Officer with a complete statement of the evidence submitted to him by the owner of the vessel or his authorized agent pursuant to the provisions of the above Restrictive Charter clause on which the Contractor has based his determination that there has been compliance with said Restrictive Charter clause. In the event of a determination by the Contractor of noncompliance with said clause, the Contractor shall thereafter furnish the Government, promptly after receipt by him, such additional information as may be received by him from the vessel owner or his authorized agent within the 30-day period provided for in paragraph (b), above. (d) Notwithstanding any other provision of this article, the Contractor and the Contracting Officer agree and stipulate that the question of compliance or noncompliance by the vessel owner with the Restrictive Charter clause is one of fact. Consequently, if after payment by the Contractor to the vessel owner or his authorized agent of the aforesaid withheld 10 percent the Government should discover that the vessel in question did, in fact, enter any port in violation of the Restrictive Charter clause, the Contractor shall be indebted to and shall pay the Government the full amount of said withheld 10 percent of the freight charges. Conversely, if at any time after the contractor has finally determined that there has been noncompliance with the Restrictive Charter clause and has paid the withheld 10 percent of the freight charges to the Government pursuant to paragraph (b) of this article, it should be conclusively established that the vessel in question did not, in fact, enter any port in violation of the Restrictive Charter clause, the Government shall reimburse the Contractor in the full amount of the 10 percent of freight charges withheld by the Contractor from the vessel owner. [39 FR 6722, Feb. 22, 1974] |