which the Government has no control excepted, or

(2) pay to the lessor a sum of money representing either the diminution in the fair market value of the property due to the failure to restore, or the actual cost of restoration, whichever is the lesser amount.

(b) The content of clauses 1 through 5 of Standard Form 2-A may be modified to any extent deemed appropriate by the agency.

§ 1-16.602-3

Standard Form 2-B, U.S. Government Lease for Real Property (Short Form).

(a) This short form lease may be used when the amount of rental does not exceed $2,000 per annum.

(b) Where the parties desire to include renewal provisions in the lease, an appropriate clause may be inserted as follows:

(1) For term renewal, add to clause 3 of Standard Form 2-B—“ 66* * * may pe renewed by the Government by giving at least days' notice in writing to the lessor before the lease would otherwise expire, said notice to be computed commencing with the day after the date of mailing."

(Standard

(2) Performance Bond Form 25, June 1967 edition). (3) Payment Bond (Standard Form 25A, June 1964 edition).

(4) Continuation Sheet (For Standard Forms 24, 25 and 25A), (Standard Form 25B, June 1964 edition).

(5) Affidavit of Individual Surety (Standard Form 28, June 1966 Edition). (6) Annual Bid Bond (Standard Form 34, June 1964 edition).

(7) Annual Performance Bond (Standard Form 35, June 1964 edition).

(b) The bond forms shall be used as indicated in the Instruction portion of each form and implementing agency regulations shall be consistent therewith. [29 F.R. 10305, July 24, 1964, as amended at 31 F.R. 15093, Dec. 1, 1966; 32 F.R. 9232, June 29, 1967]

§ 1-16.802 Bidder's Mailing List Application.

Standard Form 129 (Bidder's Mailing List Application) is prescribed for use in connection with the establishment and maintenance of bidders mailing lists in accordance with § 1-2.205. Supplemental information, where required, may be obtained in accordance with agency procedures.

provide for uniform presentation, by architectural and/or engineering firms, of information as to their professional qualifications. This form shall be used, in lieu of any other Government form, whenever an agency desires to obtain such information for use in contracting for architectural and/or engineering services related to construction, alteration, or repair of buildings, bridges, roads, or other kinds of real property. Services related to construction include master planning, engineering studies, investigations, development of the design, preparation of plans and specifications, and inspection and supervision of work performed during the construction period.

(b) Use of the form prescribed in paragraph (a) of this section is not required in the procurement of architectural and/or engineering services related to construction, alteration, repair, processing or assembling of vessels, aircraft, or other kinds of personal property.

§ 1-16.804 Report on procurement.
[33 F.R. 17293, Nov. 22, 1968]
§ 1-16.804-1 General.

This section prescribes reporting requirements to provide information concerning the extent to which prime contracts have been (a) entered into by formal advertising versus negotiation, (b) placed with small business concerns as a result of set-asides or otherwise, and (c) placed in labor surplus areas. In addition, the section prescribes requirements for reporting information regarding subcontract awards to small business concerns. Such data are designed to provide the Small Business Administration, Office of Emergency Preparedness, congressional committees, and others, with summary information concerning procurement transactions.

[33 F.R. 17293, Nov. 22, 1968] § 1-16.804-2

port.

Agencies required to re

Each civilian executive agency shall report its procurement to the General Services Administration for the agency as a whole and for each bureau or com

parable major organizational unit of the agency. When procurement is performed by one agency for another, the agency performing the procurement shall report the transactions; however, when an agency establishes contracts for use by other agencies, only the agencies procuring under such contracts shall report (see § 1-16.804-3(c) (2)). Agencies shall submit negative reports if no reportable procurements are made during the reporting period. [33 F.R. 17293, Nov. 22, 1968]

§ 1-16.804-3 Standard Form 37, Report on Procurement by Civilian Executive Agencies.

(a) Form prescribed. Standard Form 37, Report on Procurement by Civilian Executive Agencies (June 1968 edition) is prescribed for use when reporting procurement in accordance with this section. However, where determined advantageous by the reporting agency, mechanized printout reports containing the same information and in the same format as called for on Standard Form 37 may be submitted in lieu of Standard Form 37.

(b) Procurement to be excluded. All procurement shall be reported except the following:

(1) Procurement of supplies from governmental sources, including District of Columbia Government; Federal Prisons Industries, Inc.; Government Printing Office; and General Services Administration (supply depots, fuel yard, etc.).

(2) Procurement of transportation by Government bill of lading and transportation of personnel.

(c) Prime procurement to be reported. The net dollar amount procured shall be reported with subtotals showing the dollar amounts awarded to small business concerns and to other than small business. The following additional information shall be reported.

(1) Procurements awarded by the reporting agency, with breakouts indicating the dollar amounts for advertised and negotiated contracts. The dollar amounts for small purchases under $2,500 may be developed by generally accepted statistical sampling methods, in

accordance with agency procedures, and purchases under $100 may be excluded. (2) Procurements under other agency contracts, with breakouts indicating the dollar amounts procured under (i) Federal Supply Schedule and other GSA contracts regardless of dollar amount and (ii) other agency contracts.

(d) Selected types of procurement data to be reported. (1) Summary data shall be furnished showing the dollar amount of total and partial small business set-asides (whether made on a unilateral or joint determination basis), with subtotals for (i) other than construction contracts and (ii) construction contracts.

(2) Summary data shall be furnished showing the dollar amount of procurement actions to be performed in labor surplus areas. Subtotals thereunder shall show the dollar amount of procurements placed in labor surplus areas as a result of (i) preference procedures and (ii) nonpreference procedures. Also, the dollar amount of such contracts awarded to small business concerns and to other than small business concerns shall be reported. See also § 1-16.804-4.

(3) Summary data shall be furnished showing the total dollar amount of construction contracts and the extent to which such contracts were placed with small business concerns and other than small business concerns.

(4) Summary data shall be furnished showing the total dollar amount of contracts with educational institutions and nonprofit organizations.

(5) Summary data shall be furnished showing the dollar amount of subcontract and purchase commitments reported by large company prime contractors under the Small Business Subcontracting Program clause (§ 1-1.710-3(b)) and the total number of prime contractors submitting such reports. See § 116.804-5 concerning the reporting form to be used by prime contractors. Due to the normal time lag between the time prime contracts are awarded and subcontracts thereunder are placed, information in this regard may appear unbalanced on any individual periodic report.

(e) Instructions for preparation of Standard Form 37. Instructions for preparation of Standard Form 37 are provided on the reverse side of the form, which is illustrated at § 1-16.901-37.

(f) Frequency and due date for submission of Standard Form 37. Standard Form 37 shall be prepared and summitted semiannually. One report shall be submitted for the 6-month period July 1 through December 31, and the other report for the 12-month period July 1 through June 30 of each fiscal year. Each report shall be submitted (in the original only) within 45 calendar days after the close of each period. Reports shall be addressed to the General Services Administration, Office of Administration, Washington, D.C. 20405.

[33 F.R. 17293, Nov. 22, 1968]

§ 1-16.804-4 Contracts placed in labor surplus areas.

(a) In developing the summary data concerning contracts placed in labor surplus areas, the Department or Labor publication "Area Trends in Employment and Unemployment" shall be used as the required source document for information pertaining to identification of labor surplus areas and sections of concentrated unemployment or underemployment. In this regard, although actual contract performance may occur in more than one labor surplus area, only the principal place of performance for any one contract should be considered for the purpose of classifying the contract as reportable in Part II of Standard Form 37. In determining the principal place of performance of a contract, the following rules shall be employed:

(1) Where the procurement is from the manufacturer, use the contractor's final assembly point unless a different principal place of performance is designated by the contractor incidental to satisfying requirements of preference procurements, in which case such location shall be used.

(2) Where the procurement is from a regular dealer, use the place from which shipment is made from the dealer's stock (or, if the shipment is made from a subcontractor who produces the item, use such subcontractor's location).

(3) For construction contracts, use the site of construction.

(4) For service contracts, use the place where the service is performed.

(5) Where the place of performance is unknown, use the home office location of the contractor.

(b) Detailed listings showing the dollar amounts of contracts placed in specific labor surplus areas shall not be submitted to the General Services Administration. However, such information should be retained by each agency for a period of at least one year and be available for reference by the Office of Emergency Preparedness and other interested activities.

[33 F.R. 17294, Nov. 22, 1968]

§ 1-16.804-5 Reports by

contractors

under Small Business Subcontracting Program.

(a) Optional Form 61, June 1968 edition (illustrated in § 1-16.902-OF61), is designed for use when obtaining information from large business concerns (e.g., other than small business concerns) as to the dollar value of their subcontract and purchase commitments under the Small Business Subcontracting Program. Reports are not required under prime contracts for standard commercial items unless the contracting agency specifically provides for such reports. In the latter case paragraph (a) (8) of the clause prescribed by §1-1.710-3 (b) must be modified. Also, unless otherwise provided by the contracting agency, reports are not required under contracts or subcontracts with small business concerns and educational and nonprofit institutions.

(b) For the purpose of achieving Government-wide uniformity, the essential elements of this optional form are closely similar to those in the reporting form used by the Department of Defense. Accordingly, Optional Form 61 shall be used by all civilian agencies in the collection of such information from prime contractors unless it is determined by the head of the procuring agency that use of an agency form would be more advantageous. Where such an agency determination is made, the essential elements of information called for on the agency

form shall be the same as those called for on Optional Form 61. [33 F.R. 17294, Nov. 22, 1968] § 1-16.804-6 Consolidated

report of procurement by civilian executive agencies.

General Services Administration will consolidate the procurement data furnished by civilian executive agencies pursuant to this section and will prepare and distribute copies of consolidated reports to interested activities.

[33 F.R. 17294, Nov. 22, 1968]

§ 1-16.805 Sealed bid label.

Optional Form 17 (illustrated in § 116.902-OF17) is a gummed back label which is designed to enhance bidder compliance with instructions for submission of bids (e.g., paragraph 3, Standard Form 33-A) and thereby facilitate the identification and handling of sealed bids upon receipt by the Government. The form may be furnished to prospective bidders at the discretion of the agencies. The normal porcedure is to include one copy of the form with the invitation for bids furnished to each prospective bidder. Optional Form 17 is available in pads of 100 from General Services Administration supply depots (Federal Stock No. 7540-753-5052).

[30 F.R. 9593, July 31, 1965]

Subpart 1-16.9-Illustrations of
Forms

§ 1-16.900 Scope of subpart.
This subpart contains illustrations of
forms used in procurement.

§ 1-16.901 Standard forms.

The standard 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 standard form numbers. Thus, in subsection 33 of this section 1-16.901 appears Standard Form 33. These forms may be inspected at General Services Administration regional offices and at most Government procurement activities, and, generally, are available for sale from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.