(e) Failure to submit payrolls and statements of compliance is a failure to submit evidence that laborers and mechanics have been paid. This justifies retention of an amount equal to the estimated labor costs of the work for which no payrolls have been submitted until such time as they have been submitted. (See also § 5B-12.18705-9.)

(f)

Contractors and subcontractors who personally perform work at the site need not submit statements of compliance and payrolls of their own time. However, they shall submit a statement clearly indicating their contractual relationship, the scope of work performed by them, the dates on which the work was done, that they received no wages for labor performed, and that no mechanics or laborers were employed in the prosecution of the work. A sample of GSA Form 618D, Statement To Be Submitted When Work Is Performed Personally, illustrated at § 5B-16.950-618D, shall be forwarded to the contractor by form letter (GSA Form 618A), illustrated at § 5B-16.950-618A(FL). Additional forms shall be furnished upon request.

§ 5B-12.18705-7 Wage determinations.

(a) Should a question arise after award of a contract with respect to the applicability of the wage determination included in the specifications, the contracting officer shall submit through Central Office a request for an advisory opinion from the Solicitor of Labor. The contract may then be modified to incorporate the proper determination, with an equitable adjustment, if necessary, as required by § 5B-12.18705-7(b). (See also § 1-18.7043.)

(b) Should a contractor allege that a prevailing rate is lower than the rate contained in the wage decision, he should be requested to furnish evidence to substantiate such allegation. The evidence shall be submitted through Central Office, to the Secretary of Labor for a determination as to the correct rate. If the Secretary of Labor concurs in the contractor's allegation, he may issue a letter of inadvertence advising that a lower rate should have been included in the wage determination. The issuance by the Secretary of Labor of a letter of inadvertence or other modification after award of the contract, does not automatically authorize either a change in the schedule of minimum wage rates or a change in the contract price. The corrected wage rate may be incorporated in the contract only

through amendment of the contract by mutual consent or by change order issued by the contracting officer in accordance with the Changes clause of the contract.

(c) An amendment or change order issued in accordance with subparagraph (b) above shall effect an appropriate reduction in the contract price, unless the contractor demonstrates to the satisfaction of the contracting officer that he computed his bid on the basis of the lower rate, in which case the contract may be modified at no change in price.

(d) Posting wage rates and related information. The contractor shall post the wage determination decision of the Secretary of Labor and Notice to Employees Working on Federal or Federally Financed Construction Projects, WHPC Publication 1240, at the site of the work. This information shall be posted in one or more prominent locations where it can easily be seen by all of the workers and shall remain posted and in legible condition for the duration of the contract work. Any additional classifications and rates approved after issuance of the original decision shall be similarly posted. § 5B-12.18705-8 Investigations.

Investigations will be made as deemed necessary to ensure compliance with the labor provisions of the contract.

§ 5B-12.18705-9 Suspension and deductions of contract payments.

(a) General. Under the Withholding of Funds provision of the contract, when suspected violations occur, the contracting officer may suspend payments due the contractor in amounts equal to wages found to be due employees until either restitution has been made voluntarily by the contractor or subcontractor concerned or deductions against payments due the prime contractor have been processed to the General Accounting Office as provided below. However, General Accounting Office will not attempt to make adjustments with employees until wage underpayment determinations have become final, the contractor has no further recourse through appeal, or unless the contractor has refused to comply with the determination or has acquiesced in the restitution of underpayments but could not locate the employees to make such restitution.

(b) Processing funds for payment to employees. If restitution is not made by the contractor or subcontractor within a 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 number.

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 Renegotiation clause (including this sentence) in each subcontract made to perform any part of the work or to furnish any materials 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 a GSA supply depot or a Government agency not included in the Renegotiation Act of 1951.

§ 5B-15.7004 National defense considerations.

§ 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. § 5B-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.

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 exceed $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.

5B-16.404-Terms, conditions, and provisions. Subpart 5B-16.7-Forms for Negotiated Architect-Engineer Contracts

5B-16.701-Forms prescribed.

Subpart 5B-16.8-Miscellaneous 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 employment.

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 Overprint-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 (Construction 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. 5B-16.950-618A (FL)—GSA Form 618A(FL), Form letter for informing contractor of labor standards provisions.

Sec.

5B-16.950-618D-GSA Form 618D, Statement to be Submitted When Work is Performed Personally.

5B-16.950-1015-GSA Form 1015, Instructions 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.

5B-16.950-1137-GSA Form 1137, Request, Proposal and Acceptance Covering Construction Contract Modification. 5B-16.950-1139-GSA Form 1139, Section 0010, General Conditions.

5B-16.950-1142-GSA Form 1142, Release of

Claims.

5B-16.950-1467-GSA Form 1467, Solicitation, Offer, and Award (Contract for Building Services).

5B-16.950-1467-A-GSA Form 1467-A, Solicitation Instructions and Conditions (Contract for Building Services).

5B-16.950-1468-GSA Form 1468, General Revisions (Contract for Building Services). 5B-16.950-1495-GSA Form 1495, Special Provisions (Architect-Engineer Contract). 5B-16.950-1714-GSA Form 1714, Equal Opportunity Clause.

5B-16.950-1735-GSA Form 1735, Information Regarding Buy American Act. 5B-16.950-1747-GSA Form 1747, Amendment to Bid Documents (Construction Contract).

5B-16.950-1747A-GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contracts).

5B-16.950-1903-GSA Form 1903, Notice to Bidder (Construction Contract). 5B-16.950-1954-GSA Form 1954, ArchitectEngineer Performance Record.

5B-16.950-1995-GSA Form 1995, Return of Payroll Document for Document for Correction.

5B-16.950-2056-GSA Form 2056, Pre-Invitation Notice (Construction Contract). 5B-16.950-2166-GSA Form 2166, Service 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, Certification of Payment to Subcontractors and suppliers.

5B-16.950-2428-GSA Form 2428, Request for Authorization of Additional Classification (s), Rate(s), and Fringe Benefit(s). 5B-16.950-2465-GSA Form 2465, Notice of

Appeal.

5B-16.950-2630-GSA Form 2630, ArchitectEngineer Cost Estimate.

5B-16.950-2631-GSA Form 2631, ArchitectEngineer Cost Estimate Summary. 5B-16.954-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.

5B-16.954-348-DL Form 348, Statement of Compliance.

5B-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. § 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 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. Subpart 5B-16.4-Forms for Advertised Construction Contracts

§ 5B-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 Equitable Adjustments of Time and Time Extensions.

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

(c) GSA Form 1085, Wage Rate Sched

ule.

(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).

§ 5B-16.402 Required use.

§ 5B-16.402-1 Contracts estimated not to exceed $2,000.

Standard Forms 19 (GSA OverprintNovember 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).

§ 5B-16.402-2

Contracts estimated to exceed $2,000 but not to exceed $10,000.

Standard Forms 19 (GSA OverprintNovember 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 following 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 § 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.

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 (§ 1-1.009) 5B-1.009.

Subpart 5B-16.7-Forms for Negotiated
Architect-Engineer Contracts
Forms prescribed.

§ 5B-16.701

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 § 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.

§ 5B-16.856 Department of Labor notice.

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 §§ 5B-12.604 and 1-12.905-1.

§ 5B-16.857 Equal opportunity in employment.

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