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(e) Failure to submit payrolls and through amendment of the contract by statements of compliance is a fallure to mutual consent or by change order issued submit evidence that laborers and me- by the contracting officer in accordance chanics have been paid. This justifies re- with the Changes clause of the contract. tention of an amount equal to the esti- (c) An amendment or change order mated labor costs of the work for which issued in accordance with subparagraph no payrolls have been submitted unti (b) above shall effect an appropriate resuch time as they have been submitted. duction in the contract price, unless the (See also $ 5B-12.18705–9.)

contractor demonstrates to the satisfac(f) Contractors and subcontractors tion of the contracting officer that he who personally perform work at the site computed his bid on the basis of the need not submit statements of compli- lower rate, in which case the contract ance and payrolls of their own time. How- may be modified at no change in price. ever, they shall submit a statement clear- (d) Posting wage rates and related inly indicating their contractual relation- formation. The contractor shall post the ship, the scope of work performed by wage determination decision of the Secthem, the dates on which the work was retary of Labor and Notice to Employees done, that they received no wages for Working on Federal or Federally Filabor performed, and that no mechanics nanced Construction Projects, WHPC or laborers were employed in the prose- Publication 1240, at the site of the work. cution of the work. A sample of GSA This information shall be posted in one Form 618D, Statement To Be Submitted

or more prominent locations where it can When Work Is Performed Personally, 11- easily be seen by all of the workers and lustrated at $ 5B-16.950–618D, shall be shall remain posted and in legible condiforwarded to the contractor by form let- tion for the duration of the contract ter (GSA Form 618A), Wlustrated at work. Any additional classifications and $ 5B-16.950–618A (FL). Additional forms rates approved after issuance of the shall be furnished upon request.

original decision shall be similarly posted. 8 53–12.187057 Wage determinations. $ 5B-12.18705-8 Investigations.

(a) Should a question arise after award Investigations will be made as deemed of a contract with respect to the appli- necessary to ensure compliance with the cability of the wage determination in- labor provisions of the contract. cluded in the specifications, the contract

& 5B-12.18705-9 Suspension and de ing officer shall submit through Central

ductions of contract payments. Office a request for an advisory opinion from the Solicitor of Labor. The contract

(a) General. Under the Withholding of may then be modified to incorporate the

Funds provision of the contract, when proper determination, with an equitable suspected violations occur, the contractadjustment, if necessary, as required by

ing officer may suspend payments due the $ 5B-12.18705–7(b). (See also $ 1-18.704–

contractor in amounts equal to wages 3.)

found to be due employees until either (b) Should a contractor allege that a

restitution has been made voluntarily by prevailing rate is lower than the rate

the contractor or subcontractor concontained in the wage decision, he should

cerned or deductions against payments be requested to furnish evidence to sub

due the prime contractor have been stantiate such allegation. The evidence

processed to the General Accounting shall be submitted through Central Office,

Office as provided below. However, Gento the Secretary of Labor for a determi

eral Accounting Office will not attempt to nation as to the correct rate. If the Sec

make adjustments with employees until retary of Labor concurs in the contrac

wage underpayment determinations have tor's allegation, he may issue a letter of become final, the contractor has no furinadvertence advising that a lower rate

ther recourse through appeal, or unless should have been included in the wage

the contractor has refused to comply with determination. The issuance by the Sec

the determination or has acquiesced in retary of Labor of a letter of inadvertence

the restitution of underpayments but or other modification after award of the

could not locate the employees to make contract, does not automatically author

such restitution. ize either a change in the schedule of (b) Processing funds for payment to minimum wage rates or a change in the employees. If restitution is not made by contract price. The corrected wage rate the contractor or subcontractor within a may be incorporated in the contract only reasonable time after the underpayments

are called to their attention, and in any event prior to final payment, the contracting officer shall issue a final decision outlining the contractor's violations of contract requirements and the action to be taken to comply with contract requirements (see § 5B-60.102). If the contractor does not appeal this decision within 30 days, or if he agrees with the decision but is unable to locate the employees involved to make restitution, the contracting officer will initiate procedures to deduct appropriate amounts from payments to the contractor.

(c) Informing employees. The employees for whom sums have been withheld shall be informed by registered or certified mail, return receipt requested, that they should file their claim with the Comptroller General, Claims Division, General Accounting Office, Washington, DC 20548, setting forth the employee's name, address, classification, name of employer and identification of the project upon which he worked, including the prime contractor's name, the location, title and contract lumber.

PART 5B-15_CONTRACT COST
PRINCIPLES AND PROCEDURES

Subpart 5B-15.70_Renegotiation Sec. 5B-15.7001 General. 5B-15.7002 Contract clause. 5B-15.7004 National defense considera

tions. 5B-15.7004-1 Determinations by the Re

negotiation Board. 5B-15.7004-2 Determinations by GSA. 5B-15.7004-3 Individual prime contracts. 5B-15.7005 Exemptions by the Renegotia

tion Board. 5B-15.7005-1 Exempted classes of contracts.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(C).

SOURCE: 40 FR 47132, Oct. 8, 1975, unless otherwise noted.

Subpart 5B-15.70Renegotiation 8 5B-15.7001 General.

(a) The Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211-1224), provides for recovery by the Government of Contractors' excessive profits under certain contracts. GSA contracts are subject to renegotiation under the terms of the Renegotiation Act of 1951 unless exempted by the statute or by authorization of the Renegotiation Board.

(b) The Renegotiation Board, in its Regulations under the Renegotiation Act of 1951 (32 CFR Chap. XIV), prescribes

definitions, sets forth mandatory and permissive exemptions, implements the statute with substantive rules, and provides procedures in connection with contracts subject to renegotiation. $ 5B-15.7002 Contract clause.

(a) Contracts which are determined to be subject to the Renegotiation Act of 1951 shall contain the following clause:

RENEGOTIATION The contract is subject to the Renegotiation Act of 1951, as amended, and shall be deemed to contain the provisions required by section 104 thereof. The extent of renegotiation will be determined in accordance with regulations under the Act. The Contractor agrees to include this Renegotlation clause (including this sentence) in each subcontract made to perform any part of the work or to furnish any materlals required for this contract.

(b) When this clause is to be included in preprinted supplemental provisions, the clause set forth in paragraph (a) of this section, may be preceded by a preamble setting forth the basic exemptions applicable to the contracting programs for which the supplemental provisions form is generally used. For example:

The following Renegotiation clause shall apply unless the contract calls for delivery to & GSA supply depot or & Government agency not included in the Renegotiation Act of 1961. $ 5B–15.7004 National defense consid

erations. $ 5B-15.7004_1 Determinations by the

Renegotiation Board. Subject to $ 1453.5(c) of the Renegotiation Board's Regulations, the Renegotiation Board has determined that all contracts of the Public Buildings Service and the National Archives and Records Service are exempt from renegotiation. $ 53–15.7004–2 Determinations by GSA.

(a) Notwithstanding the determination set forth in $ 5B-15.7004.1, individual contracts will be subject to renegotiation when the Head of the appropriate Service or Staff Office, or any of his designees, determines that such individual contract does have a direct and immediate connection with the national defense. This determination shall be set forth in the contract as follows:

For the purpose of the Renegotiation Act of 1951, as amended, it has been determined that this contract has a direct and immedi. ate connection with the national defense. (See 32 CFR 1453.5(c).)

(b) In considering whether a specific contract does have a direct and immediate connection with the national defense, the Renegotiation Board requested that such determination be made in any case in which:

(1) The language of the appropriation act making funds available, enabling legislation, or the legislative history, is such that it is evident that the project was presented to, and approved by, the Congress because of its importance to the national defense.

(2) Award of the contract cannot be made without a certification, determination, or comparable prior action that the procurement is essential or necessary in the interests of the national defense. Such certification, determination, or comparable prior action would normally be made by the General Services Administration, but could be made by any agency of the Government which is competent to act in such manner.

(3) The contract is to be made under a War Powers Act-such as Public Law 85-804 (50 U.S.C. 1431-1435).

(4) Loans or advances are to be made to the contractor under the Defense Production Act of 1950 in order to facilitate performance of the contract.

(5) For other reasons, it is believed that the contract has a direct and immediate connection with the national defense. 8 5B-15.7004–3 Individual prime con

tracts. Individual prime contracts may be determined not to have a direct and immediate connection with the national defense by the Renegotiation Board on application of the prime contractor through GSA. 8 5B-15.7005 Exemptions by the Rene

gotiation Board. 8 5B-15.7005-1 Exempted classes of

contracts. In the exercise of its discretion as authorized by the Renegotiation Act of 1951, the Renegotiation Board has exempted subcontracts for architectural, design, or engineering services, as provided in the Renegotiation Board's Regulations $ 1455.3(b) (6), from renegotiation.

PART 5B-16-PROCUREMENT FORMS Sec. 5B-16.000-Scope of part. 5B-16.104—Terms, conditions, and provisions. Subpart 5B-16.4–Forms for Advertised

Construction Contracts 5B-16.401–Forms prescribed. 5B-16.402-Required use. 5B-16.402-1-Contracts estimated not to ex

ceed $2,000. 5B-16.402-2-Contracts estimated to exceed

$2,000 but not to exceed $10,000. 5B-16.402-3-Contracts estimated to exceed

$10,000. 5B-16.403—Optional use for negotiated con

tracts. 6B-16.404-Terms, conditions, and provisions. Subpart 5B-16.7-Forms for Negotiated

Architect-Engineer Contracts 6B-16.701–Forms prescribed.

Subpart 5B-16.8Miscellaneous Forms 5B-16.800—Scope of subpart. 5B-16.853—Notice of intention to make a

service contract. 5B-16.856—Department of Labor notice. 5B-16.857-Equal opportunity in employ

ment. 5B-16.871-Construction forms. 5B-16.872--Labor forms. 5B-16.875—Forms for building service contracts.

Subpart 5B-16.9-Illustrations of Forms NOTE: Copies of the forms identified in this Part 5B-16 under Subpart 5B-16.9 are filed with the originals and are available from the Business Service Center in any regional office of

the

General Services Administration. For changes to this listing of forms, see the CFR List of Sections Affected. 5B-16.901-Standard Forms. 5B-16.901-19-Standard Form 19 (GSA Over

print-November 1974), Invitation, Bid, and Award (Construction, Alteration or

Repair). 5B-16.901-19B-Standard Form 19B (GSA

Overprint-June 1970), Representations and Certifications (Construction Contract).

and Certificates (Construction Contract). 5B-16.901-20-Standard Form 20 (GSA

Overprint-June 1972), Invitation for bids

(Construction Contract). 5B-16.901-21-Standard Form 21 (GSA

Overprint-May 1971), Bid Form (Con

struction Contract). 5B-16.901-98-Standard Form 98, Notice of

Intention to Make a Service Contract and

Response to Notice. 5B-16.950—GSA Forms. 5B-16.950-527-GSA Form 527, Contractor's

Qualifications and Financial Information. 6B-16.950–618A (FL)-GSA Form 618A (FL),

Form letter for informing contractor of labor standards provisions.

Sec. 53–16.950–618D-GSA Form 618D, Statement

to be Submitted When Work is Performed

Personally. 5B-16.950–1015—GSA Form 1015, Instruc

tions to Contractors (Construction Contracts) Date Required to Substantiate Equitable Adjustments of Time and Time

Extension. 5B-16.950–1083–GSA Form 1083, Section

0020, Applicable Minimum Hourly Rates of

Wages. 5B–16.950-1085-GST Form 1085, Wage Rate

Schedule. 6B-16.950–1137—GSA Form 1137, Request,

Proposal and Acceptance Covering Con

struction Contract Modification. 5B-16.950-1139GSA Form 1139, Section

0010, General Conditions. 5B-16.950–1142-GSA Form 1142, Release of

Claims. 5B-16.950–1467—GSA Form 1467, Solicita

tion, Offer, and Award (Contract for Bulld.

ing Services). 5B-16.950-1467-A-GSA Form 1467-A, Solici

tation Instructions and Conditions (Con

tract for Building Services). 6B-16.950-1468—GSA Form 1468, General Re

visions (Contract for Building Services). 5B-16.950–1495–GSA Form 1495, Special Pro

visions (Architect-Engineer Contract). 6B-16.950–1714-GSA Form 1714, Equal Op

portunity Clause. 5B-16.950–1735–GSA Form 1735, Informa

tion Regarding Buy American Act. 6B-16.950–1747–GSA Form 1747, Amend

ment to Bid Documents (Construction

Contract). 5B-16.950–1747A-GSA Form 1747A, Final

Clarifications to Bid Documents (Con

struction Contracts). 5B-16.950–1903—GSA Form 1903, Notice to

Bidder (Construction Contract). 5B-16.950–1954–GSA Form 1954, Architect.

Engineer Performance Record. 5B-16.950–1995-GSA Form 1995, Return of

Payroll Document for Document for Cor

rection. 5B-16.950-2056-GSA Form 2056, Pre-Invita

tion Notice (Construction Contract). 5B-16.950–2166–GSA Form 2166, Servico

Contract Act of 1965 (as amended). 5B-16.950–2402-GSA Form 2402, Form letter

for notifying contractor of action taken on

shop drawing submittals. 5B-16.950–2417(FL)-GSA Form 2417, Notice

to Proceed. 5B-16.950–2419—GSA Form 2419, Certiica

tion of Payment to Subcontractors and

suppliers. 5B-16.950–2428-GSA Form 2428, Request for

Authorization of Additional Classific&

tion (s), Rate(s), and Fringe Beneft(s). 5B-16.950–2465-GSA Form 2465, Notice of

Appeal, 6B-16.950-2630-GSA Form 2630, Architect

Engineer Cost Estimate. 5B-16.950-2631-GSA Form 2631, Architect

Engineer Cost Estimate Summary. 5B-18.954-Department of Labor Forms.

Sec. 5B-16.954–347-DL Form WH 347, Payroll

(For Contractor's Optional Use). 5B-16.954-347 Inst-DL Form WH 347 Inst.,

Instructions for Completing Payroll Form

WH 347. 6B-16.954-348DL Form 348, Statement of

Compliance. 6B-16.954-1313-DL WH Publication 1313,

Notice to Employees Working on Government Contracts.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 40 FR 47133, Oct, 8, 1975, unless otherwise noted. $ 5B–16.000 Scope of part.

This part contains illustrations of selected forms used in PBS procurement and sets forth the conditions which permit changes in prescribed forms. Reference also must be made to FPR Part 1-16. 8 5B-16.104 Terms, Conditions, and

provisions. (a) No deletion, modification, or other deviation in prescribed forms shall be permitted except as provided in this Chapter 5B in connection with the use of such forms. (See $ 5B-1.009.)

(b) Additional terms, conditions, and provisions considered to be essential to the making of advertised or negotiated contracts may be used provided they are not inconsistent with those in prescribed forms. There is no objection to brief staternents 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. Subpart 5B-16.4 Forms for Advertised

Construction Contracts 8 53–16.401 Forms prescribed.

The following GSA forms are prescribed for use in accordance with this Subpart 5B-16. Their format shall not be changed. Instructions for preparation of forms are included with the illustrations of the forms.

(a) GSA Form 1015, Instructions to Contractors (Construction Contracts), Data Required to Substantiate Equiteble Adjustments of Time and Time Extensions.

(b) GSA Form 1083, Section 0020, Applicable Minimum Hourly Rates of Wages.

(c) GSA Form 1085, Wage Rate Schedule.

(d) GSA Form 1139, General Conditions.

.

(e) GSA Form 1747, Amendment to Bid Documents (Construction Contract).

(f) GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contract).

(g) GSA Form 1903, Notice to Bidder (Construction Contract).

(h) GSA Form 2056, Pre-Invitation Notice Construction Contract). 8 5B-16.402 Required use. 8 53–16.402–1 Contracts estimated not

to exceed $2,000. Standard Forms 19 (GSA Overprint November 1974), 19-B (GSA OverprintJune 1970), and 22 shall be used for contracts estimated not to exceed $2,000 (but see § 1-16.403(b) concerning use of Standard Forms 44, 147, and 148). 8 5B-16.402-2 Contracts estimated to

exceed $2,000 but not to exceed

$10,000. Standard Forms 19 (GSA Overprint November 1974), 19-A, 19-B, (GSA Overprint-June 1970), and 22 shall be used for contracts estimated to exceed $2,000 but not to exceed $10,000. 5B-16.402–3 Contracts estimated to

exceed $10,000. The dollowing forms are in addition to those required by $ 1-16.402–3:

(a) Standard Form 20 (GSA Overprint June 1972), Invitation for Bids (Construction Contract), Illustrated at $ 5B-16.901–20, Standard Form 19-B (GSA Overprint-June 1970), Representations and Certifications (Construction Contract), illustrated at 8 5B16.901-19-B, and Standard Form 21 (GSA Overprint-May 1971), Bid Form (Construction Contract), illustrated at $ 5B-16.901-21, shall be used in lieu of the standards forms.

(b) Under certain circumstances, Standard Form 21 shall be modified to include requirements for an affirmative action plan. 8 5B-16.403 Optional use for negotiat

ed contracts. Notwithstanding the option allowed in $ 1-16.403, the forms required to be used for contracts by 8 1–16.402 and Part 5B16 shall be used for contracts entered into pursuant to small business restricted advertising. 8 5B-16.404 Terms, conditions, and

provisions. (a) Additional terms, conditions, and provisions which are consistent with

those contained in the forms prescribed in Subpart 1-16.4 and this Part 5B-16 may be used in invitations for bids in which such forms are used:

(1) In individual cases, with advice of counsel and the approval of either the appropriate Regional Commissioner, or the Assistant Commissioner for Operating Programs, responsible for the contract.

(2) In classes of cases, with the approval of the Assistant Commissioner for Construction Management.

(b) The use of additional terms, conditions, and provisions which are inconsistent with prescribed forms constitutes a deviation and is subject to (s 1-1.009) 5B-1.009. Subpart 5B-16.7-Forms for Negotiated

Architect-Engineer Contracts 8 53–16.701 Forms prescribed.

In addition to the forms prescribed in the FPR $ 1-16.701, the following shall be used:

GSA Form 1495, Special Provisions (Architect-Engineer Contract).

Subpart 5B-16.8—Miscellaneous Forms 8 5B-16.800 Scope of subpart.

This subpart prescribes miscellaneous forms, other than procurement contract forms, for use in connection with the procurement of supplies and services. Illustrations of these forms are contained in Subpart 5B–16.9. $ 5B-16.853 Notice of intention to

make a service contract. Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice, illustrated at $ 5B-16.901-98, is prescribed for use in accordance with § 1-12.905–3. 8 5B-16.856 Department of Labor no

tice. Department of Labor W H Publication 1313, Notice to Employees Working on Government Contracts, illustrated at $ 5B-16.954-1313, is prescribed for use in accordance with 88 5B-12.604 and 1-12.905-1. $ 5B-16.857 Equal opportunity in em

ployment. GSA Form 1714, Equal Opportunity Clause, illustrated at 8 5B–16.950–1714 is prescribed for use in accordance with $ 5B-12.803–2.

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