the time of the bid opening and contract award. Such changes would be the same type as those authorized by Article 3 of SF-23A for changes subsequent to award of the contract.

§ 4-16.404 Terms, conditions, and provisions.

(a) Standard contract provisions which either are to be substituted for those in the standard forms pending revision thereof or are for use in specific circumstances are stated in Parts 1-7 and 4-7 of this title.

(b) Additional terms, conditions, and provisions may be used as necessary except the use of any that are inconsistent with those contained in standard forms must have the prior approval of the Director of Plant and Operations.

(c) Keep additional contract provisions as few and as brief as possible. Brevity and clarity in contract provisions will promote interest by prospective bidders. Include provisions covering only probable situations, and then only if advance agreement thereon is necessary. Subpart 4-16.8-Miscellaneous Forms

§ 4-16.804 Report on procurement by civilian agencies.

(a) General. Standard Form 37, Report on Procurement by Civilian Executive Agencies, shown at § 1-16.901.37, shall be used to make reports. This form may be requisitioned from the Central Supply Section, Service Operations Division, Office of Plant and Operations. Reports shall be prepared by each agency for each semiannual period (January 1 through June 30 and July 1 through December 31) and submitted in duplicate to the Procurement and Contract Management Division, Office of Plant and Operations, by the 20th of the month immediately following the close of each semiannual period. Agencies conducting special programs involving the procurement of property or services which, in their opinion should not be included in

the report may submit detailed justification for exemption to the Director of Plant and Operations for his approval and appropriate submission to the Administrator of General Services for action.

(b) Special reports. There shall be reported in the "Remarks" block of Standard Form 37 for the reporting period ending June 30, the total number and dollar amount of (1) construction contracts and (2) project service contracts awarded during the fiscal year. Project service contracts are contracts for services such as seeding, weed eradication, equipment rental, aerial spraying, fire control, etc. Do not include contracts for repair of equipment or other services related to housekeeping functions. The following format shall be used:

(c) Line entries. Line 5 is to include the dollar amount of all reportable small business set-aside contracts awarded under "Small Business Restricted Advertising" procedures even though formally advertised.

[30 F.R. 6944, May 22, 1965, as amended at 32 F.R. 1180, Feb. 2, 1967]

§ 4-16.850 Contract for Services (Agriculture Department Form 225).

(a) Use. Agriculture Department Form 225, Contract for Services is prescribed for Departmental ues for contracts under $2,500 where a written agreement is desired to cover continuing needs for services and supplies. (See § 4-3.409.)

(b) Orders for forms. Form AD-225 is available from Central Supply Section, Service Operations Division, Office of Plant and Operations.

(a) General. Subpart 1-1.16 prescribes procedures for submission of reports to the Attorney General in accordance with Executive Order No. 10936 of April 24, 1961, when identical bids are received. (See also Subpart 4-1.16.)

(b) Required use. Department of Justice Form DJ-1500 is prescribed for use by all agencies for submitting identical bid reports to the Attorney General.

(c) Order for forms. Form DJ-1500 is available from Central Supply Section, Service Operations Division, Office of Plant and Operations.

§ 4-16.903-DJ1500 Form DJ-1500: Identical Bid Report for Procure

ment.

NOTE: Form filed as part of the original document.

§ 4-16.950 Department of Agriculture forms.

The Department of Agriculture (AD) procurement forms are illustrated in this section to show their text, format, and arrangement and to provide a ready source of reference. The subsection numbers in this section correspond with the AD form numbers. Thus, in subsection 38 of this § 4-16.950 appears Form AD-38. These forms are available by requisition on Form AD-14 from the Central Supply Section, Service Operations Division, Office of Plant and Operations, as prescribed in § 4-5.5701-4 of this chapter.

§ 4-16.950-38 Form AD-38: Purchase Order.

NOTE: Form filed as part of the original document.

§ 4-16.950-225 Form AD-225: Contract for services.

NOTE: Form filed as part of the original document.

§ 4-16.950-263 Form AD-263: Research and Service Contract.

NOTE: Form filed as part of the original document.

§ 4-16.950-264 Form AD-264: General Provisions for Research and Service Contracts.

NOTE: Form filed as part of the original document.

§ 4-16.950-265 Form AD-265: Costreimbursement Provisions for Research and Service Contracts.

NOTE: Form filed as part of the original document.

§ 4-16.950-267 Form AD-267: Contractor's Claim for Reimbursement Under Cost-reimbursement Research and Service Contracts.

NOTE: Form filed as part of the original document.

§ 4-16.950-268 Form AD-268: Schedule of Salaries and/or Wages Paid. NOTE: Form filed as part of the original document.

§ 4-16.950-370

Form AD-370: Fed

eral, State and Local Taxes. NOTE: Form filed as part of the original document.

§ 4-16.950-375 Form AD-375: Invitation, Bid, and Award (Under $10,000).

NOTE: Form filed as part of the original document.

§ 4-16.950-376 Form AD-376: Invitation, Bid, and Award (Service). NOTE: Form filed as part of the original document.

[29 F.R. 14336, Oct. 16, 1964, as amended at 33 F.R. 11766, Aug. 20, 1968]

§ 4-16.950-377 Form AD-377: General Provisions (Service Contract). NOTE: Form filed as part of the original document.

Subpart 4-16.50-Forms for Advertised Services Contracts

§ 4-16.5000 Invitation, Bid, and Award (Service) (Agriculture Department Form 376).

(a) Use. Agriculture Department Form 376, Invitation, Bid, and Award (Service), is prescribed for Departmental use for advertised contracts for services, including aerial photography.

(b) Orders for form. Form AD-376 is available from Central Supply Section, Service Operations Division, Office of Plant and Operations.

(c) General. AD-376 contains the necessary bid terms and conditions on the reverse and is to be used in conjunction with the Agriculture Department Form 377, General Provisions (Service Contract).

[33 F.R. 11766, Aug. 20, 1968]

Department

§ 4-16.5001 General Provisions (Service Contract) (Agriculture Department Form 377). (a) Use. Agriculture Form 377, General Provisions (Service Contracts), is prescribed for use in conjunction with Form AD-376 for advertised contracts for services, including aerial photography.

(b) Orders for form. Form AD-377 is available from Central Supply Section, Service Operations Division, Office of Plant and Operations.

(c) General. Form AD-377 contains the provisions generally applicable to all contracts for services. Additional provisions not inconsistent therewith to cover special requirements of agency programs may be added.

[33 F.R. 11767, Aug. 20, 1968]

Subpart 4-16.51-Forms for Negotiated Research and Marketing Contracts

§ 4-16.5100 Contract forms.

(a) Use. The forms listed below shall be used in connection with the contract types indicated:

(1) Firm fixed-price.

Executive Order 10789 (see § 1-17.502) in connection with national defense functions. Use of this authority is subject to prior approval of the Director of Plant and Operations.

(b) In the interest of maintaining a minimum priorities and allocations system as a mobilization preparedness measure, agencies shall require contractors to use ratings and allotment authority to support defense needs to the extent required by DMS Reg. 1, "Basic Rules of the Defense Materials System (Revised)" (32A CFR DMS Reg. 1) and BDSA Reg. 2, "Basic Rules of the Priorities System" (32A CFR BDSA Reg. 2), and all other applicable regulations and orders of the Business and Defense Services Administration, Department of Commerce.

(5 U.S.C. 301, 40 U.S.C. 486 (c)) [29 F.R. 14343 Oct. 16, 1964]

Form AD-263, Research and Services Contract

Form AD-264, General Provisions

(2) Cost-reimbursement.

Form AD-263, Research and Services Contract

Form AD-264, General Provisions

Form AD-265, Cost-Reimbursement Provisions

Form AD-267, Contractor's Claim for Reimbursement

In addition, Form AD-268, Schedule of Salaries and/or Wages Paid, may be used by contractors in conjunction with Form AD-267 as evidence of payments made. (b) Orders for forms. The forms listed are available from Central Supply Service, Service Operations Division, Office of Plant and Operations.

PART 4-17-EXTRAORDINARY CONTRACTUAL ACTIONS TO FACILITATE THE NATIONAL DEFENSE

Subpart 4-17.1-General

§ 4-17.102 General policy.

(a) The Department has been delegated certain contracting authority by

Schedule of items.

4-18.203-52 Special conditions.

4-18.203-53 Deposit or payment for plans,

for

(a) Preparation. Specifications construction contracts are usually prepared in three parts as described in this section although in small contracts they may be combined if appropriate. These specifications generally include only the technical details of the construction contract with administrative provisions being included in the "Special Conditions." The following is suggested as a guide in arranging the specifications for a construction contract:

(1) General requirements. These are the specification requirements of a general nature that apply to all items of construction listed in the contract specifications. When an agency is engaged in a regular program of construction, they are usually prepared as standard requirements for all similar construction. General requirements include such items as: (i) Definitions.

(ii) Interpretations of quantities in the schedule of items.

(iii) Control of work and material. (iv) Scheduling prosecution and progress of work.

(v) Measurement and payment for work.

(vi) Removal of structures and obstructions.

(vii) Final cleaning up, etc.

(2) Construction details. These are the technical specifications for each item listed in the Schedule of Items of the bid invitation and contract. Such construction details should be titled and numbered exactly as the item is to appear in the schedule of items and include the following:

(i) Description of the item of construction.

(ii) Construction methods.
(iii) Method of measurement.

(iv) Basis of payment.

(3) Supplemental specifications. When an agency is engaged in a regular program of construction, it is the usual prac

tice to prepare the general requirements and construction details as standard specifications for all recurring construction work. Such standard specifications are usually reproduced in quantity for attachment as necessary to the invitation for bids and contract. For each contract, however, there may be peculiarities of construction that require either deviation from the standard specifications or additions thereto. These are ordinarily included in an attachment called "Supplemental Specifications" which, as the term implies, supplement the standard specifications. Provision should be made in the "General Requirements" that where there is a conflict between the supplemental specifications and other contract specifications, the supplemental specifications shall govern.

(b) Identification. The invitation for bids and contract should clearly identify each page of the specifications by title and inclusive page or paragraph numbers as appropriate.

§ 4-18.110 Liquidated damages.

Liquidated damages provisions for construction contracts are contained in the "Termination for Default-Damages for clauses Delay-Time Extensions" of the Standard Contract Forms. See also § 1-8.709 of this title.

Subpart 4-18.2-Formal
Advertising