Page images
PDF
EPUB

contractor reproduction of the form is authorized), the contractor may submit the royalty information in such other form as is considered desirable by the contractor, provided such other form contains all of the informatic required by § 12B_7.150–11 of this chapter. Subpart 12B-16.50—Forms for Ad

vertised and Negotiated Alteration

or Repair of Vessels Contracts $ 12B-16.5000 Scope of subpart.

This subpart prescribes forms for use in advertised and negotiated alteration or repair of vessels contracts. $ 12B-16.5001 orms for advertised al.

teration or repair of vessels contracts. The forms prescribed in § 1–16.101 of this title shall be used in effecting procurement of alterations or repairs to vessels by formal advertising, except as provided in $ 12B-16.5003. & 12B-16.5002 Forms for negotiated al

teration or repair of vessels contracts. The forms prescribed in $$ 1–16.101 and 1-16.201 of this title and $ $ 12B16.201 and 12B-16.202 shall be used in effecting procurements of alterations or repairs of vessels by negotiation (other than small purchases) except as provided in § 12B–16.5003. See Subpart 12B16.3 concerning forms for use when making small purchases. $ 12B-16.5003 Terms, conditions, and

provisions. (a) Coast Guard Form 2557B, General Provisions (Repair and alteration contracts-vessels) is prescribed for use in advertised and negotiated alteration or repair to vessels contracts in lieu of SF32 prescribed in $ $ 1-16.101 and 1-16.202– 1 of this title and CG Form 2557A prescribed in $$ 12B-16.101 and 12B-16.202 for supply contracts. This form is not to be used in contracts for construction of vessels. The following modifications to CG Form 2557B shall be made in accordance with the procedure prescribed in paragraph (d) of this section pending the publication of a new edition:

(1) The clause prescribed in § 1-7.6012 of this title, shall be substituted for the present provision of article 6, Changes.

(2) The clause prescribed in § 1-7.6014 of this title, shall be substituted for the

present provision of article 15, Price Adjustment for Suspension, Delay, or Interruption of Work.

(3) The clause prescribed in § 1-1.8053(a) of this title, shall be substituted for the present provision of article 34, Utilization of Concerns in Labor Surplus Areas.

(b) CG Form 2557B, General Provisions (Repair and Alteration Contracts—Vessels) and any additional general provisions may be attached to each copy of the invitation or solicitation. Alternatively, only one copy of CG Form 2557B and any additional general provisions need be furnished to each offeror for retention if such provisions are specifically incorporated by reference, including each form name, number, and date, in the Schedule. Provisions which are inapplicable to a particular procurement may be deleted by appropriate reference in an Alterations in Contract clause.

(c) Changes or additional provisions inconsistent with those contained in CG Form 2557B may be incorporated when approved by Commandant (F) pursuant to $ 12B-1.009–2(a) of this chapter. copy of any such approval shall be forwarded by Commandant (F) to the General Services Administration.

(d) The use of additional contract provisions consistent with those contained in the prescribed forms is authorized and, where required elsewhere in this chapter, the use of such additional clauses is mandatory. The addition of other clauses set forth in § 12B-7.5002 of this chapter, or of other clauses not inconsistent with FPR or CGPR, shall be accomplished by including such clauses as “Additional General Provisions" numbered consecutively. The deletion or modification of clauses contained on CG Form 2557B shall be accomplished by appropriate reference or provision in an Alterations in Contract clause. These instructions must be read in conjunction with § 12B-7.5001 of this chapter to make certain that current clauses are in use at all times.

PART 12 B-17-EXTRAORDINARY

CONTRACTUAL ACTIONS TO FA

CILITATE NATIONAL DEFENSE Sec. 12B-17.000 Scope of part. 12B-17.101 Authority.

mit to the Board the documents listed in paragraph (a) of this section, together with his recommended disposition of the request of the contractor. § 12B-17.402 Final records.

The Board shall prepare the final record described in § 1–17.402 of this title.

PART 12B-30_CONTRACT

FINANCING

Subpart 128–30.5— Progress Payments Based

on Costs Sec. 12B-30.519 Contractor's request.

Subpart 128–30.7—Assignment of Claims 12B-30.706 Procedures upon receipt of

notice of assignment and in

strument of assignment. Subpart 128–30.50—Contract Debts; Interest;

Deferred Payments 12B-30.5001 Contractors indebted to Coast

Guard.

Subpart 123–17.2--Requests for Contractual

Adjustments Sec. 12B-17.207-1 Filing requests. 12B-17.208 Processing cases. 12B-17.402 Final records.

AUTHORITY: The provisions of this part 12B-17 issued under sec, 633, 63 Stat. 545, secs. 2301-2314 (Ch. 137), 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655(b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-17 appear at 33 F.R. 16262, Nov. 5, 1968, unless otherwise noted. $ 12B-17.000 Scope of part.

This part establishes procedures to implement and supplement Part 1-17 of this title (Federal Procurement Regulations). § 12B-17.101 Authority.

The Department of Transportation Contract Appeals Board is authorized to exercise the authority of Public Law 85– 804 (72 Stat. 972; 50 U.S.C. 1431 to 1435, Aug. 28, 1958) as vested in the Secretary of Transportation by Executive Order No. 10789, dated November 14, 1958 (23 F.R. 8897, as amended by Executive Order No. 11051, dated September 27, 1962 (27 F.R. 9683), and section 6(b) (1) of the Department of Transportation Act (Public Law 89-670, 49 U.S.C. 1655 (b) (1)). Subpart 12B-17.2-Requests for

Contractual Adjustments § 123–17.207-1 Filing requests.

The request of a contractor shall be filed in quintuplicate with the cognizant contracting officer or his duly authorized representative. § 123–17.208 Processing cases.

(a) The responsible contracting officer shall submit to the appropriate officer or official listed in paragraph (b) of this section, four copies of the following:

(1) The form of request described in § 1-17.207–2 of this title.

(2) The preliminary record required by $ 1-17.207-3 of this title.

(3) The facts and evidence described in § 1-17.207–4 of this title.

(4) The investigation prescribed by § 1-17.208-1 of this title.

(b) The Comptroller, U.S. Coast Guard, District Commander, or Commanding Officer of a Coast Guard Headquarters unit, as appropriate, shall sub

AUTHORITY: The provisions of this part 12B-30 issued under sec. 633, 63 Stat. 545, secs. 2301-2314 (Ch. 137), 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655(b), 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-30 appear at 33 F.R. 16262, Nov. 5, 1968, unless otherwise noted.

Subpart 128–30.5—Progress Pay

ments Based on Costs 12B-30.519 Contractor's request.

All invoices for progress payments on contracts containing the Progress Payment clause set out in § 1-30.510 of this title, and on contracts containing any deviations from that clause approved pursuant to $ 1–30.517 of this title, will be supported by the Contractor's Request for Progress Payment (DD Form 1195) set forth in ASPR F-200.1195, with any supporting information that may be reasonably required. The use of this form is subject to the instructions set forth on the reverse thereof. Subpart 12B-30.7-Assignment of

Claims § 12B-30.706 Procedures upon receipt

of notice of assignment and instru

ment of assignment. Upon receipt of required documents, the contracting officer will forward such papers to Commandant (CL) with a letter of transmittal. The letter will state the specific date the papers were received from the assignee and a copy of the applicable contract(s) will be enclosed. Forward a copy of the transmittal letter to each holder of a copy of the contract including the authorized certifying officer within Coast Guard. Commandant (CL) will review the required documents and return same to the contracting officer indicating approval or disapproval. The contracting officer will distribute the notice of assignment and instrument of assignment as indicated in § 1-30.706 of this title. Subpart 123–30.50—Contract Debts;

Interest; Deferred Payments § 12B-30.5001 Contractors indebted to

Coast Guard. Claims against contractors who become indebted to Coast Guard in connection with contracts for the procurement of property or services, contracts for sale or use of Government property, and from charges for Government services will be processed in accordance with the procedures set forth in Part 163, Subpart F of 32 CFR (appendix E, Part 6 of ASPR) and chapter 2D of Coast Guard Comptroller Manual. Where procedures require referral or transmittal of documents to other Government departments, such documents will be forwarded via Commandant (FS) for review and appropriate action.

Subpart 12B-50.2 [Reserved] Subpart 12B–50.3—Limitations of Procurement

Actions Sec. 12B-50.300 Scope of subpart. 12B-50.301 Term contracts for repair to

vessels. 12B-50.302 Contracts to be executed by

Headquarters. 12B-50.303 Contract bulletins. 12B-50.304 Units not authorized to ex

ecute or number contracts. AUTHORITY: The provisions of this part 12B-50 issued under sec. 633, 63 Stat. 545, secs. 2301-2314 (Ch. 137), 70A Stat. 127–133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655(b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-50 appear at 33 F.R. 16263, Nov. 5, 1968, unless otherwise noted. § 12B–50.000 Scope of part.

This part provides procedures for action by the contracting officer in executing and administering contracts for which procedures and regulations have not been prescribed in Chapter 1 of this title. Subpart 12B-50.1-Administrative

Matters $ 12B-50.100 Scope of subpart.

This subpart covers administrative requirements and procedures in connection with the preparing, numbering, reviewing, executing, and distribution of contracts. $ 12B–50.101 Numbering of contracts. $ 12B-50.101-1 General.

Contracts are numbered with approved letter symbols and serial numbers for identification, audit, and filing purposes. Documents coming within the scope of this subpart include contracts for the purchase or sale of property or services (including construction and facilities contracts), purchase orders, letters of intent, letter contracts, leases, easements, or other documents evidencing in whole or in part an agreement between the parties which involves the payment of appropriated funds or collection of funds for credit to the Treasurer of the United States. Small purchase agreements utilizing Purchase Order-InvoiceVoucher (SF-44), do not come within the scope of this subpart. When documents of the above description do not

PART 12B-50—CONTRACTS

GENERAL Sec. 12B-50.000 Scope of part.

Subpart 12B–50.1—Administrative Matters 12B-50.100 Scope of subpart. 12B-50.101 Numbering of contracts. 12B-50.101-1 General. 12B-50.102 Contracts and modifications. 12B-50.102–1 Contracts requiring number

ing. 12B-50.102–2 Assignment of numbers. 12B-50.102–3 Symbol identification. 12B-50.102-4 Serial numbers. 12B-50.102–5 Modifications. 12B-50.102-6 Maintenance and use of the

contract register. 12B-50.103 Execution of contracts; re

quirements. 12B-50.103-1 Citation of funds chargeable. 12B-50.103–2 Citation of paying office. 12B-50.103–3 Contracting officer's signature. 12B-50.103–4 Contractor's signature. 12B-50.104 Distribution of contracts. 12B-50.105 Retention of documents for

on-site audit.

9

require numbering in the uniform (Tcg) series, they shall be identified by other means; i.e., purchase order numbers, invitation number, etc. 8 12B-50.102 Contracts and modifica

tions. $ 12B-50.102-1 Contracts requiring

numbering. The following contracts shall be numbered in accordance with the uniform numbering system prescribed in $$ 12B 50.102–2, 12B-50.102-3, and 12B-50.102– 4:

(a) All contracts, letters of intent, or letter contracts for procurement or sale of supplies or services involving or likely to involve the payment or receipt of $2,500 or more ($2,000 in the case of construction work);

(b) All indefinite delivery type contracts involving more than one payment and estimated to involve payment or receipt of more than $2,500 during the fiscal year;

(c) All facilities contracts;

(d) All leases of real property and renewals thereof;

(e) All easements; and

(f) All other written agreements involving payment or receipt of funds not covered by Subpart 12B-3.6 of this chapter. § 12B-50.102–2 Assignment of

bers. (a) Section 12B-50.102–1 designates Coast Guard procurement and sales documents which require assignment of contract numbers in the uniform series prescribed by the General Accounting Office. Contract numbers shall be assigned only by the Commandant (FS) and allotment administrative officers in the field to whom contracting authority has been delegated in accordance with Subpart 12B-75.2 of this chapter.

(b) Contract numbers, when required, will be placed in the space provided therefor on the printed contract form, or, if no such space is provided, in the upper right-hand corner separate from all other information. The contract number shall consist of a symbol identification followed by a hyphen and the serial number assigned the particular procurement (or sale). Example DOT-CG12–8. $ 12B-50.102–3 Symbol identification.

(a) The capital letters DOT shall preface each contract number to iden

tify the Department of Transportation.

(b) The capital letters DOT shall be followed by a hyphen and the capital letters CG shall be inserted, identifying the document as a Coast Guard contract.

(c) When a contract number is assigned by a field unit, the allotment symbol of the unit (district office or Headquarters unit) shall be shown immediately after the letters "CG" thus, the numeral "12" used in the example in $ 12B-50.102-2(b) identifies the 12th Coast Guard District.

(d) The numbers of the allotment symbol are followed by a hyphen and the serial number of the contract. In the example in $ 12B-50.102–2(b), "X" identifies the eighth contract assigned a number by the 12th Coast Guard District. § 12B–50.102–4 Serial numbers.

Contracts shall be numbered serially by the unit authorized to assign such numbers, commencing with the number 1 and continuing in succession without regard to fiscal year or type of contract. When the series of numbers under a symbol exceeds five digits (99,999), a new series of numbers will be used beginning the series with number 1 and followed by the capital letter “A. Should additional series become necessary, they will be distinguished by the capital letters “B”, “C”, “D”, etc., as may be required. $ 12B–50.102–5 Modifications.

Supplemental agreements, change orders, and renewals of leases shall bear the same identification as the original contract. The same series of consecutive numbers will be used for each contract even though it is modified or amended by both supplemental agreements and change orders. § 12B–50.102-6 Maintenance and use

of the contract register. Each unit (contracting officer) assigning contract numbers shall maintain a contract Register on Form CG-3252, on a monthly basis, to control the sequence of serial numbers assigned and for the purpose of accumulating information for reports. $ 12B-50.103 Execution of contracts;

requirements. § 12B-50.103–1 Citation of funds

chargeable. A citation of the funds chargeable will be made on all contracts.

num.

§ 12B–50.103–2 Citation of paying When a corporation is participating, a office.

certificate should be obtained from its A citation of the paying office desig

secretary stating that the corporation is nated to make payment will be made on

authorized to participate in the joint all contracts.

venture.

(e) Signature of agents. When the § 12B–50.103–3 Contracting officer's contractual document is to be signed by signature.

an agent, other than as stated above, the The contracting officer will sign on be- fact of the agency must be clearly estabhalf of the United States, over his typed lished by evidence satisfactory to the or stamped name and official title. In contracting officer. the case of negotiated contracts, the con

§ 12B-50.104 Distribution of contracts. tracting officer will sign after the contractor, except where otherwise required

All formal contracts (exclusive of proby the particular contract form or by the

curements made in accordance with Subcircumstances of the procurement.

parts 1-3.6 of this title and 12B-3.6 of this

chapter), supplemental agreements, § 12B-50.1034 Contractor's signature.

change orders and assignments executed (a) Contracts with individuals. A by designated contracting officers shall be contract with an individual will be signed distributed as follows: by the individual in his own name. A (a) Original contract, with original contract with an individual doing busi- SF-1036 and related bonds shall be forness as a firm will be signed by that in- warded to the Authorized Certifying Ofdividual and will ordinarily take the fol- ficer (ACO) attached to the activity lowing form:

which is to make payment or effect final (Signed) JOHN DOE.

settlement of the contract. John Doe, an individual doing business as

(b) One copy signed by the contractJohn Doe Co.

ing officer to the contractor. (b) Contracts with partnerships. Con

(c) One copy retained in files of contracts entered into with partnerships

tracting office. will be executed in the partnership name. The contract need be signed by only one

(d) One copy to unit or office requestpartner: Provided, The authority of the

ing procurement. particular partner to bind the partner

(e) One copy to appropriate accountship has been established. The evidence

ing office. required to establish the authority of a

(f) (1) One copy of contracts of $2,000 particular partner to bind the partner- or more for construction or repair of ship is for the determination of the con- shore facilities to Commandant (ECV). tracting officer. Prior to execution of the (2) One copy of contracts for procurecontract a list of all members of the ment, repair or alteration of ships to partnership will be obtained.

Commandant (ENE). (c) Contracts with corporations. Contracts with corporations will be exe

& 12B-50.105 Retention of documents

for on-site audit. cuted in the corporate name, followed by the word "by" after which the person

Coast Guard contracts, and purchase who has been authorized to execute the

orders are subject to on-site audit by the contract on behalf of the corporation will

General Accounting Office. The origsign his name, with designation of his inals or a signed copy of these documents nfficial capacity. The evidence required

and supporting data shall be retained by to establish the authority of a particular the activity to be available to the General person to bind a corporation is for the

Accounting Office for audit purposes. determination of the contracting officer.

Subpart 12B-50.2 [Reserved] (d) Contracts with joint venturers. Contracts with joint venturers may in- Subpart 12B-50.3—Limitations of volve a corporation and a partnership,

Procurement Actions a partnership and an individual, or other combination. In these cases the contract

$ 12B-50.300 Scope of subpart. will be signed by each participant in the This subpart covers procurement rejoint venture in the manner indicated sponsibilities in connection with the subabove for each type of participant. ject of this subpart.

« PreviousContinue »