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8 5B-16.871 Construction forms.

in accordance with $$ 1-18.705–6 and (a) GSA Form 1137, Request, Proposal,

5B-12.18702-2 and 5B-12.18705-6. and Acceptance Covering Construction

(h) Department of Labor Form WHPC Contract Modification, illustrated at

Publication 1240, Notice to Employees $ 5B-16.950–1137, is prescribed for use.

Working on Federal or Federally F(b) GSA Form 1139, Section 0010,

The following GSA forms are preGeneral Conditions, illustrated at

scribed for use in accordance with $ 5B$ 5B-16.950–1139, is prescribed for use.

12.18705-7. (c) GSA Form 1142, Release of Claims,

(i) Standard Form 308, Request for illustrated at $ 5B-16.950–1142, is pre

Determination and Response to Request, scribed for use.

is prescribed for use. (See § 1-18.704–3.) (d) GSA Form 2402, Form letter for

(j) Department of Labor Form WLSA notifying contractor of action taken on

(WD)-1, Decision of the Secretary, is shop drawing submittals, illustrated at

prescribed for use in lieu of WLSA-1, in $ 5B-16.950–2402, is prescribed for use.

conjunction with GSA Form 1085, Wage (e) GSA Form 2417, Notice to Pro

Rate Schedule, illustrated at $ 5B-16.950 ceed, Ulustrated at $ 5B-16.950–2417, is

1085, in every contract for construction prescribed for use in approving bonds

in excess of $2,000. and issuing notice to proceed.

8 5B-16.875 Forms for building service (f) GSA Form 2419, Certification of

contracts. Payment to Subcontractors and Sup- The following GSA forms are prespliers, illustrated at $ 5B-16.950–2419, is scribed for use in procuring building servprescribed for use.

ices without limitation as to amount of (g) GSA Form 2465, Notice of Appeal, the procurement. (See also $ 5B-2.201– illustrated at 5B-16.950–2465, is pre

70.) scribed for use in accordance with

(a) GSA Form 527, Contractor's Qual$ 5B-1.318–1.

ifications and Financial Information,

illustrated at $ 5B-16.950–527. $ 5B-16.872 Labor forms.

(b) GSA Form 1467, Solicitation, Offer (a) GSA Form 618A (FL), Form letter and Award (Contract for Building Seryfor informing contractor of labor stand- ices), illustrated at $ 5B-16.950–1467. ards provisions, illustrated at $ 5B- (c) GSA Form 1467-A, Solicitation In16.950–618A (FL), is prescribed for use. structions and Conditions (Contract for

(b) GSA Form 618D, Statement to be Building Services), illustrated at $ 5BSubmitted When Work is Performed Per- 16.950-1467-A. sonally, illustrated at $ 5B-16.950–618D, (d) GSA Form 1468, General Proviis prescribed for use in accordance with sions (Contract for Building Services), $ 5B-12.18705-6.

illustrated at $ 5B-16.950–1468. (c) GSA Form 1995, Return of Payroll (e) GSA Form 2166, Service Contract Document for Correction, illustrated at Act of 1965 (As Amended), illustrated at $ 5B-16.950-1995, is prescribed for use in $ 5B-16.950–2166. accordance with $ 5B-12.18705-6.

Subpart 5B-16.9 Illustrations of Forms (d) GSA Form 2428, Request for Au

$ 5B-16.901 Standard forms. thorization of Additional Classification(s), Rate(s), and Fringe Benefit(s),

Illustrated in this section are GSA illustrated at $ 5B-16.950–2428, is pre

overprints of certain standard forms ilscribed for use in accordance with

lustrated in § 1-16.901 and certain stand$ 5B-12.18705-3.

ard forms that are not illustrated in the (e) Department of Labor Form WH

FPR. The subsection numbers correspond 347, Payroll (For Contractor's Optional

with the standard form numbers in the Use), illustrated at $ 5B-16.954-347, for

manner described in § 1-16.901. use in accordance with 88 1-18.705-6 and NOTE. Copies of the forms are filled with 5B-12.18705-6.

the originals and are available from the Busi(f) Department of Labor Form WH

ness Service Center in any regional Office of 347 Inst., Instruction for Completing

the General Services Administration. For

changes to this listing of forms, see List of Payroll Form WH-347, illustrated at

Sections Affected. $ 5B-16.954–347 Inst., for use in accordance with $$ 1-18.705-6 and 5B- PART 58-60_DISPUTES AND APPEALS 12.18705-6.

Subpart 5B-60.1-Disputes (g) Department of Labor Form WH- Sec. 348, Statement of Compliance, illustrated 5B-60.101 General. at $ 5B-16.954–348, is prescribed for use 5B-60.102 Notice to contractor.

Subpart 5B-60.2-Appeals

PART 5B-63—AUDITS Sec. 5B-60.201 Notice of appeal.

Subpart 5B-63.1-Audit of Contractors' Records 5B-60.202 Settlement by agreement.

Sec. 5B-60.203 Procedure following decision of

5B-63.101 General

5B-63.102 the GSA Board of Contract

Purpose of audit.

5B-63-103 Appeals.

Types of contracts subject to

audit. AUTHORITY: Sec. 205 (c), 63 stat. 390; 40 5B-63-104 Contract clause. U.S.C. 486(c).

5B-63-105 Payments under contracts sub

ject to audit. SOURCE: 40 FR 47135, Oct. 8, 1975, unless

5B-63-105-2 Submission and processing of otherwise noted.

invoices or vouchers. Subpart 5B-60.1-Disputes

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c). 8 53-60.101 General.

SOURCE: 40 FR 47135, Oct. 8, 1975, unless Questions of fact arising under con

otherwise noted. tracts and which are not disposed of by agreement shall be decided by the con

Subpart 5B-63.1-Audit of Contractors'

Records tracting officer. $ 5B-60.102 Notice to contractor.

§ 5B-63.101 General.

The Contract Audits Division, Office When the contracting officer has

of Audits (ADA), and the Field Audit reached a decision as to a matter in dis

Offices conduct contract audits (i.e., expute involving a question of fact, he aminations) of contractors' records to shall notify the contractor in accordance

the extent that such audits are required with the requirements of $1-1.318-1 by law, regulation, or sound business and 5B-1.318.

judgment. Such audits include the conSubpart 5B-60.2-Appeals

duct of periodic or requested audits of

contractors as are warranted by such $ 50–60.201 Notice of appeal.

matters as the financial condition, inUpon receipt of an appeal or notice of

tegrity, and reliability of the contractor

and prior audit experience; adequacy of appeal, the contracting officer shall,

the accounting system; and the amount within 10 days of receipt, forward the

of unaudited claims. An audit clause shall notice to the Board of Contract Appeals, be inserted by the contracting officer, in in accordance with Subpart 5B-60.3, all contracts subject to audit pursuant Rules of the GSBCA, Preliminary Pro- to $ 5B-63.103. cedures, paragraph 3.

$ 5B-63.102 Purpose of audit. 5B-60.202 Settlement by agreement. In addition to the provisions of

The filing of a notice of appeals does § 1-3.809, Contract audit as a pricing aid, not preclude negotiations looking to- audits are conducted to advise, and make ward settlement of a dispute; settlement

recommendations to, the contracting ofmay be effected at any time up to the

ficer concerning the following: issuance of a decision by the GSA Board

(a) The propriety of amounts paid, or of Contract Appeals.

to be paid, by GSA to contractors, where

such amounts are based on a cost or time $ 53-60.203 Procedure following deci. determination or on variable features sion of the GSA Board of Contract

related to the results of contractors' Appeals.

operations; Either party may file a motion for re- (b) The adequacy of measures taken consideration within 30 days after is- by contractors regarding the use and suance of a Board decision. If no such safeguarding of Government assets unmotion is filed, action to implement the der their custody or control; Board's decision should be initiated (c) The reasonableness and allowpromptly upon expiration of the 30 day ability of costs included in contractors' period. In the event the contractor elects settlement proposals in termination of to appeal to the Court of Claims or to a contracts (see $ 1-8.207); and Federal district court, action implement- (d) Contractors' financial condition ing the Board's decision may be sus- and ability to perform or to continue to pended.

perform under Government contracts.

8 5B-63.103 Types of contracts subject 8 5B-63.104 Contract clause. to audit

The following contract clause is pre(a) The following types of contracts scribed for use as provided in $ 5B-63.in excess of $2,500 shall include the Ex- 103: amination of Records by GSA clause

EXAMINATION OF RECORDS BY GSA ($ 5B-63.104): (1) Cost-reimbursement type con

Tho Contractor agrees that tho Adminis tracts (see $ 1-3.405);

trator of General Services or any of his duly

authorized representatives shall, untu tho (2) Advertised or negotiated contracts

expiration of three years after final payment involving the use or disposition of Gov

under this contract, or of the time periods ernment-furnished property;

for the particular records specified in Part (3) Contracts for supplies or services 1-20 of the Federal Procurement Regulations containing a price warranty or price re- (41 CFR Part 1-20), whichever expires eas. ductions clause;

Uer, have access to, and the right to examine, (4) Contracts or leases involving in- any books, documents, papers, and records of

the Contractor involving transactions related come to the Government where the in

to this contract or compliance with any come is based on operations that are un

clauses thereunder. der the control of the contractor or

The Contractor further agrees to include lessee;

in all his subcontracts hereunder a provi(5) Fixed-price contracts with escala- sion to the effect that the subcontractor tion (see $$ 1-2.104-3 and 1-3.404-3), in- agrees that the Administrator of General centives (see $$ 1–3.4044 and 1-3.407),

Services or any of his duly authorized repand redetermination (see 88 1-3.404_5

resentatives shall, until the expiration of and 1-3.404–7);

three years after inal payment under the

subcontract, or of the time periods for the (6) Requirements and indefinite quan

particular records specified in Part 1-20 of tity (call-type) contracts; (see $$ 1-2.104

tho Federal Procurement Regulations (41 and 1-3.409);

CFR Part 1-20), whichever expires earlier, (7) Time and materials and labor- have access to and the right to examine any hour contracts (see $$ 1-3.406–1 and 1- books, documents, papers, and records of 3.406–2); and

such subcontractor involving transactions (8) Leases (1) where the rental is sub

related to the subcontract or compliance ject to adjustment (such as for change

with any clauses thereunder. The term "Subin real estate taxes or service costs) or

contract" as used in this clause excludes (a) (11) where the rental is dependent upon

purchase orders not exceeding $2,500 and (b)

subcontracts or purchase orders for public actual costs.

utility services at rates established for unl. (b) In some of the contracts listed in form applicability to the general public. paragraph (a) of this § 5B-63.103, it may be appropriate to define in the contract

§ 5B-63.105 Payments under contracts

subject to audit. the scope or extent of any audit, such as with respect to (1) the use or disposition

§ 5B-63.105_2 Submission and processof Government-furnished property or

ing of invoices or vouchers. (2) variable or other special features of Contractors shall be required to subthe contract, e.g., price escalation and mit invoices or vouchers directly to the compliance with the price warranty or contracting officer. The processing of inprice reductions clauses. In such cases, voices or vouchers prior to payment for the contract clause is $ 5B-63.104 may

work or services rendered shall include be modified appropriately with the con

a review by the contracting officer, or his currence of the (1) Office of General

designated representative, to determine Counsel or Regional Counsel and (2)

that the nature of items and amounts Contract Audit Division or the Field Au

claimed are in consonance with the con. dit Office, as appropriate.

tract terms, represent prudent business (c) Inclusion of the contract clause in

transactions, and are within any stipu$ 5B-63.104 (whether or not modified)

lated contractual limitations. The conin contracts does not affect in any way

tracting oficer must ensure that these the requirements for (1) use of the Examination of Records clause permitting

payments are commensurate with physi. review of contractor books and records

cal and technical progress under the by the Comptroller General (see 88 1–7.

contract. If the contractor has not de602-7 and 1-7.103–3) or (2) the clauses

ducted from his claim amounts which on Audit and Records pertaining to the

are questionable or which are required verification of cost or pricing data (see

to be withheld, the contracting oicer § 1-3.814–2).

shall make the required deduction.

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PART 6-1-GENERAL

Subpart 6-1.3-Genoral Policlos

Sec.
Subpart 6-1.1--Introduction

R-1.802 Procurement sources.
Sec.

6-1.302-1 General. -1.101 Scope of subpart.

8-1.302–3 Procurement from employees of -1.102 Purpose.

the Government. 6-1.103 Authority.

6-1.860 Procurement by posts within the 6-1.104 Applicability.

United States. 6-1.105 Exclusions.

R-1.861 Numbering procurement docuR-1.106 Issuance.

ments. 6-1.107 Arrangement.

8-1.351-1 Policy. 8–1.107–1 General plan.

6-1.351-2 Procedure. R_1.107-2 Numbering.

8-1.351-8 Numbering modifications and 6-1.107-3 Citation.

amendments. 2-1.108 Relationship of the DOSPR, FPR, 21.351-4 Contract alo. and IAPR.

6-1.352 Distribution of numbered con8-1.109 Control of deviations.

tracts.

6-1.352-1 Definition. Subpart 6-1.2-Definition of Torins

6-1.352-2 Distribution.

8-1.353 61.201 Definitions.

English language translations. 6-1.250 Government.

Subpart 6-1.4— Procurement Responsibility and R-1.251 Department.

Authority 8-1.252 Post. 6-1.253 Local procurement.

6-1.400 Scope of subpart.

6-1.401 6-1.264 Third country procurement.

Responsibility of the head of the 6-1.266 Central supply post.

procuring activity.

6-1.402 Authority of contracting omcers. 6-1.266 Constituent supply post.

6-1.403 Requirements to be met before 6–1.257 Supplies.

entering into contracts. 6-1.268 Service contracts.

6-1.404 Selection, designation, and termi6-1.268-1 Nonpersonal service contracte.

nation of designation of con-1.258-2 Personal service contracts.

tracting officers.

Sec.

and nonpersonal services (including con6–1.404–2 Designation.

struction) by the Department of State 6-1.404-3 Termination of designation.

both within and outside the United Subpart 6-1.6--Debarred and Inellgible Bldders States except for those operations which 6-1.601 (Reserved)

have exemption from the Federal Prop6-1.602 (Reserved]

erty and Administrative Services Act of 6-1.604 Department of State procedure 1949, as amended.

for administrative debarment. (b) The DOSPR and FPR do not ap6-1.604-1 Notice and hearing.

ply to the acquisition or leasing of real Subpart 6-1.8—Labor Surplus Area Concoms property. 61.800 Scope of subpart.

(c) The FPR has been edited for use

by the Foreign Service. Those portions Subpart 6-1.9—Reporting Possible Antitrust which are not applicable to procureViolations

ment outside the United States have been 8-1.901 Qenoral.

removed except that the contents pages

are complete for reference purposes. Subpart 6-1.10Publicizing Procurement Actions

(d) At posts where Joint Administra8-1.1001 Glenoral policy.

tive Ofices have been formed, the 6-1.1002 Avallability of invitations for DOSPR and the FPR are applicable to bids and roquests for pro

procurement from Shared Administraposals. 6-1.1008 Synopses of proposed procura

tive Support funds. The DOSPR and the ments.

FPR are applicable for all AD adminis81.1003–1 Department of Commerco trative and technical support procureSynopsis.

ment, except in areas which have been 8–1.1003–2 General requirements.

defined by the Am Ofice of AdministraAUTHORITY: The provisions of this part

tive Services (A/AS). 6-1 Issued under sec. 205(c), 69 8tat. 890, as (20 P.R. 12070, Aug. 25, 1964, as amended at amended, 40 U.S.C. 486(c); sec. 4, 63 Stat. 31 F.R. 10193, July 28, 1966; 86 FR. 1977, 111, 22 U.S.C. 2658.

Mar. 5, 1971) Subpart 6-1.1-Introduction § 6-1.105 Exclusions. SOURCE: The provisions of this Subpart o Certain Department of State policies 1.1 appear at 28 F.R. 7779, July 81, 1963, and procedures which come within the unless otherwise noted.

scope of this chapter nevertheless may § 6-1.101 Scope of subpart.

be excluded from the DOSPR. These

exclusions include the following cateThis subpart describes the Depart

gories: ment of State Procurement Regulations

(a) Subject matter which bears & in terms of establishment, relationship

security classification. to the Federal Procurement Regulations

(b) Policy or procedure which is ex(FPR), arrangement, applicability, and

pected to be effective for a period of less deviation procedure. Procurement pro

than six months. cedures are integrated with the regula

(c) Policy or procedure which is being tions so as to provide a complete, logical

Instituted on an experimental basis for and comprehensive publication.

a reasonable period. $ 6-1.102 Purpose.

(Redesignated, 81 PR. 10193, July 28, 1966) This subpart establishes the Depart

& 6-1.106 Issuance. ment of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal

Regulations contained in the DOSPR Procurement Regulations System.

deemed necessary for business concerns,

and others properly interested, to under$ 6-1.103 Authority.

stand basic and significant Department The DOSPR are prescribed by the

of State procurement policies are pubBecretary of State pursuant to the Act

lished in the Code of Federal Regulations of May 26, 1949 (63 Stat. 111), as amend

(CFR) as Chapter 6 of Title 41, Public ed, and the Federal Property and Ad

Contracts, and are publlshed in issues of ministrative Services Act of 1949 (63

the FEDERAL REGISTER and in separate Stat. 377), as amended.

loose-leaf volume form.

(Redesignated, 81 PR. 10193, July 28, 1968] 86-1.104 Applicability. (a) The DOSPR and the FPR apply

$61.107 Arrangement. to all procurement of personal property (Redesignated, 31 PR. 10193, July 28, 1906)

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