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documents or portions thereof, such as letters, telegrams, and printed matter, from the prospective contractor and the Government, which together set forth the terms and conditions of the contract] for the furnishing of at a total price of $------, is accepted and award is hereby made.

A contract in the usual form, dated and numbered as set forth above, incorporating all the terms and conditions of the contract hereby created is being prepared and will be forwarded to you in the near future. This contract is authorized by and has been negotiated pursuant to 10 U.S.C. 2304 (a) ( ).

By:

United States of America

(Name) Contracting officer (4) Standard Form 32, if applicable, and any other general provisions may be attached to each copy of the Solicitation, Offer, and Award (Standard Form 33). Alternatively, Standard Form 32 may be incorporated by reference to the form number, name, and edition date; also, additional general provisions (contract clauses) that (i) are prescribed in Subpart A, Part 7 of this chapter and (ii) do not contain blanks to be filled in, may be incorporated by reference to the ASPR paragraph number, clause title, and date. General provisions which are inapplicable to a particular procurement or to military procurements generally may be deleted by appropriate reference in an Alterations in Contract clause. No other contract clauses shall be incorporated by reference but they shall be set forth in full in the solicitation. Provisions relating to the solicitation, as distinct from contract clauses, also must be set forth in full in the solicitation

(5) When a cost breakdown is required in connection with an offer, the appropriate form of the DD Form 633 series shall be used to the extent provided in § 16.206.

(6) This section does not preclude the use of the purchase order forms prescribed in Subpart C of this part.

(7) When it is necessary to issue an amendment to a solicitation for offers, Standard Form 30 shall be used.

[32 F.R. 4261, Mar. 18, 1967, as amended at 34 F.R. 9279, June 12, 1969; 35 F.R. 67, Jan. 3, 1970]

§ 16.102-4 Solicitation, offer, and award (overseas) (DD Form 1665).

(a) General. The following forms are prescribed for use outside the United States, its possessions and Puerto Rico

fixed-price

in effecting negotiated procurement of supplies or services: (1) Solicitation, Offer, and Award (Overseas) (DD Form 1665);

(2) General Provisions (Supply Contracts) (Standard Form 32) (only when procuring supplies);

(3) Any other forms containing contract provisions which are prescribed by ASPR or Departmental procedures;

(4) Continuation Sheet (Standard Form 36) (see § 16.101-2(d)); and

(5) Amendment of Solicitation/Modification of Contract (Standard Form 30) when needed (see § 16.103).

(b) Conditions for use. The conditions for use of DD Form 1665 are the same as for Standard Form 33 (see § 16.1023(b)).

[34 F.R. 9279, June 12, 1969]

§ 16.103 Amendment of solicitation/ modification of contract (Standard Form 30).

(a) General. This section prescribes a single form for (1) amendment of solicitations (whether advertised or negotiated), and (2) modification of contracts (including purchase and delivery orders entered into on DD Form 1155 (see § 3.608-4 of this chapter.) Use of this form is optional for amendment of solicitation for the procurement of construction.

(b) Conditions for use. This form shall be used for:

(1) Any amendment to a solicitation; (2) Any change order issued pursuant to the Changes clause of a contract;

(3) Any other unilateral contract modification (see § 1.201-2 of this chapter), except notices of termination (see § 16.701), issued pursuant to a contract provision authorizing such modification without the consent of the contractor;

(4) Administrative changes such as the correction of typographical mistakes, changes in the paying office and changes in accounting and appropriation data; and

(5) Supplemental agreements as defined in §1.201-18 of this chapter. (6) Provisioned items orders.

(c) Continuation of amendments/ modifications. Standard Form 36 or a blank sheet of paper may be used for continuation of amendments/modifications (see § 16.101-2(d)).

(d) Modification of construction contracts. When used to modify a contract for construction, this form may be altered

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The following information is applicable to all of the forms discussed in this section.

(a) Codes. The Department of Defense and contractor organizational entity address codes are those to be prescribed by the Office of the Assistant Secretary of Defense (Comptroller). Entries shall be made in accordance with the Defense Organization Entity System (DOES).

(b) Dates. All date entries shall be constructed with a two-position numeric year; three-position alpha month, and a two-position numeric day, e.g., 68NOV06.

(c) Self-explanatory blocks. Selfexplanatory blocks are not discussed.

(d) Uniform Contract Format (UCF). A Uniform Contract Format (UCF) consisting of a standard table of contents and a standard location for all provisions under applicable section headings is set forth in the instructions herein. The table of contents is required in written solicitations and contracts (excluding orders under basic ordering agreements). Placement of provisions under applicable section headings is required in written solicitations, solicitation amendments, awards under solicitations, contracts (including contracts under basic agreements), and contract modifications. These UCF instructions do not apply to: (1) Small purchases and other simplified purchase agreements;

(2) Basic agreements;

(3) Preinvitation notices;

(4) The first step of two-step formal advertising;

(5) Construction and architectengineer contracts;

(6) Ship construction including shipbuilding, conversion and repair;

(7) Procurements for which special contract forms inconsistent herewith are prescribed by this regulation, e.g., those prescribed by Subpart E of this part; or

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Title and/or instructions Solicitation Number.-For Small Business Restricted Advertising and other types of restricted advertising, the box "Advertised (IFB)" shall be checked after insertion of the appropriate Procurement Instrument Identification number.

Time for receipt of offers. Date, hour, and place of opening. Prevailing local time shall be used. Timing by the 24-hour clock shall not be used except where customary in the industry. The exact location of the depository, including the room and building numbers, and a statement that hand-carried offers must be deposited therein. (See § 2.202-1 of this chapter concerning bidding time for formally advertised procurements.)

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PART III-GENERAL PROVISIONS

9_.

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Title and/or instructions

Effective Date-Not applicable to formal advertising. For negotiated procurements, see § 16.1022(h).

Administered by-In the top lefthand corner, insert the name and address of the contract administration office. In the lower right-hand corner, insert the pre-award survey serial number survey was performed; if "none," so state.

if

Discount for Prompt Payment— Percentages will be expressed in whole numbers and decimals; e.g., 3.25 percent-10 days, 0.50 percent-20 days.

11 Ship To/Mark For-Multiple delivery points shall be shown in Section H of the UCF and this block annotated to that effect. Any "Mark For" in-the-clear or DOES coded address for ultimate consignee shall be entered in this block.

15-20 When the contract does not otherwise contain a UCF table of contents, the UCF table of contents set forth in § 16.104-2, with the applicable sections checked, shall be set forth immediately below Block 14 so as to replace Blocks 15 through 20, including the headings. Section entries may commence immediately below the table of contents or on the first page of the Continuation Sheet (Standard Form 36). In either event, all provisions shall be located under applicable UCF section headings.

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22.

If the form is being used as a negotiated bilateral contract pursuant to receipt of quotations on Request for Quotations (Standard Form 18) or informal means, and subsequent negotiations, if any, the box shall be checked and contractor shall be required to sign this document and return the prescribed number of copies to the issuing office.

If this form is being used as an acceptance (award) pursuant to receipt of a firm offer on Solicitation, Offer, and Award (Standard Form 33), the box shall be checked and contractor will not be required to sign this document.

[35 F.R. 68, Jan. 3, 1970, as amended at 36 F.R. 7953, Apr. 28, 1971]

§ 16.104-4 Amendment of Solicitation/ Modification of Contract (Standard Form 30).

Instructions for block entries are as

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Block

No.

12..

13.

Title and/or instructions Amendments or modifications shall be set forth under appropriate UCF section headings (see §§ 16.104-1 and 16.104-2) from the applicable solicitation or contract document. A UCF table of contents shall not be set forth.

If the modification is a Change Order (11(a)) or Administrative Change (11(b)), the first box in this block shall be checked and contractor's signature will not be required. If the modification is a Supplemental Agreement (11(c)), contractor's signature will be required, the second box shall be checked and the number of copies to be returned to issuing office shall be inserted.

17------- Contracting Officer's signature is not required when amending a solicitation.

[35 F.R. 69, Jan. 3, 1970]

§ 16.104-5 Request for Quotations (Standard Form 18).

Instructions for block entries are as follows (applicable only when UCF is used):

Block

No.

Title and/or instructions 11-16---- The UCF table of contents set forth in § 16.104-2, with the applicable sections checked, shall be set forth immediately below Block 10 so as to replace the word "Schedule" and replace Blocks 11 through 16, including the headings.

Section entries may commence immediately below the Table of Contents or they may commence on the first Continuation Sheet (Standard Form 36). In either event, all provisions shall be located under applicable UCF section headings.

[35 F.R. 69, Jan. 3, 1970] Subpart B-Forms for Negotiated Procurement

§ 16.200 Scope of subpart.

This subpart prescribes additional forms for use where appropriate in conjunction with negotiated procurements for supplies or services.

[32 F.R. 12101, Aug. 23, 1967]

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§ 16.204-1 Conditions for use.

DD-ASPR Form 748 shall be used in conjunction with any negotiated contract to be performed within the United States, its possessions or Puerto Rico and to which Subpart B, Part 12 of this chapter, is applicable. It may be used in conjunction with cost-sharing and cost-plusincentive-fee contracts only when appropriately modified. It contains all of the clauses required by § 7.203 of this chapter and some of the clauses set forth in §§ 7.204 and 7.205. The addition of other clauses set forth in Subpart B, Part 12 of this chapter, or of other clauses not inconsistent with this subchapter shall be accomplished by appending such clauses as "Additional General Provisions", numbered consecutively.

The

deletion and modification of clauses contained in the form or in the "Additional General Provisions" shall be accomplished by appropriate reference or provision in an "Alterations in Contract" clause. These instructions must be read in conjunction with Subpart B, Part 12 of this chapter, to make certain that current clauses are in use at all times. (30 F.R. 6014, Apr. 29, 1965]

§ 16.204-2 Procedures.

DD ASPR Form 748 and any "Additional General Provisions" may be attached to each copy of the Request for Quotations. Alternatively, DD ASPR Form 748 may be incorporated by reference to the form number, name, and edition date; also, additional general provisions (contract clauses) that (a) are prescribed in Part 7 of this chapter and (b) do not contain blanks to be filled in by the offeror may be incorporated by reference to the ASPR paragraph

number, clause title, and date. General provisions in DD ASPR Form 748 which are inapplicable to a particular procurement may be deleted by appropriate reference in an Alterations in Contract clause. No other contract clauses shall be incorporated by reference but they shall be set forth in full in the solicitation. Provisions relating to the solicitation, as distinct from contract clauses, also must be set forth in full in the solicitation.

[36 F.R. 7954, Apr. 28, 1971]

§ 16.205 General

Provisions--FixedPrice Supply Contracts (Standard Form 32).

Any negotiated contract to which Subpart A, Part 7 of this chapter, is applicable will include Standard Form 32. The addition of other clauses set forth in Subpart A, Part 7 of this chapter, or of other clauses not inconsistent with ASPR, shall be accomplished by including such clauses as "Additional General Provisions" numbered consecutively. The deletion or modification of clauses contained in the "Additional General Provisions" shall be accomplished by appropriate reference or provision in an Alterations in Contract clause. These instructions must be read in conjunction with Subpart A, Part 7 of this chapter, to make certain that current clauses are in use at all times.

[36 F.R. 21167, Nov. 4, 1971]
§ 16.206 Contract pricing

forms.

[34 F.R. 9279, June 12, 1969]

§ 16.206-1 General.

proposal

(a) The DD Form 633 or the appropriate one or more of the forms set forth in § 16.206-2 shall be used except for negotiated final overhead rates whenever cost or pricing data, see § 3.807-3 (e) of this chapter is required pursuant to §§ 3.807 and 7.104-42, of this chapter in connec

1 On Standard Form 32, 1964 edition, substitute the clause in § 1.805-3 (a) of this chapter for clause 22 and the clause in § 7.103-6 of this chapter for clause 6. On Standard Form 33A, July 1966 edition, substitute the clause in § 7.103-14 of this chapter for clause 9. On DD ASPR Form 748, January 1965 edition, susbtitute the clause in § 1.8053(a) of this chapter for clause 25 and the clause in § 1.805-3 (b) for clause 43.

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