Subpart 3-Purchase and Delivery Order Forms

16.300 Scope of Subpart. This Subpart prescribes forms for use when purchases are authorized or required to be made by the purchase order or imprest fund method, and as delivery orders.

16.301 Receipt for Cash-Subvoucher (Standard Form 1165). Standard Form 1165 may be used in connection with procurement by theimprest fund (petty cash) method in accordance with 3.607-4(d).

16.302 Purchase Order Forms (Standard Forms 44, 147; NASA Form 1379).

(a) Standard Form 44 (Purchase Order-Invoice-Voucher) is authorized for use to accomplish small purchases in accordance with 3.608-9.

(b) Standard Form 147 (Order for Supplies or Services) and NASA Form 1379 (Order for Supplies or Services) are authorized for use as purchase orders for small purchases and as delivery orders for ordering and scheduling deliveries against an established contract. Full instructions on the use of these forms are contained in Part 3, Subpart 6.

NASA PROCUREMENT REGULATION

16.302

Subpart 4-Forms for Construction Contracts

16.400 Scope of Subpart. This Subpart prescribes forms and formats for use in construction and architect-engineer contracts. Construction contracts are defined for the purposes of this Subpart as contracts for the construction, alteration, or repair (including dredging, excavating, painting and decorating) of buildings, bridges, roads, or other kinds of real property.

16.401 Advertised Construction Contract Forms.

16.401-1 General. The following forms are prescribed for use in formally advertised construction contracts where the work is to be performed in the United States, its possessions, or Puerto Rico:

(i) Standard Form 19-Invitation, Bid and Award (Construction, Alteration, or Repair). (Pending revision of the October 1969 edition, delete Clause 12, Examination of Records and substitute the Examination of Records by Comptroller General clause in 7.104-15.)

(ii) Standard Form 19-A-Labor Standards Provision-Applicable to Contracts in Excess of $2,000 (April 1965 Edition). Pending the publication of a new edition of the form, the provisions of Standard Form 19-A shall be deleted and the provisions prescribed by Paragraph 12.403-1 shall be substituted therefor.

(iii) Standard Form 19-B-Representations and Certifications (Construction Contract). (Pending revision of the October 1969 edition, substitute $5,000,000 for $7,500,000 in paragraph 1 when the procurement is for dredging.)

(iv) Standard Form 20-Invitation for Bids (Construction Contract). (v) Standard Form 21-Bid Form (Construction Contract).

(vi) Standard Form 22-Instructions to Bidders (Construction Contract). (vii) Standard Form 23-Construction Contract.

(viii) Standard Form 23-A-General Provisions (Construction Contract). (ix) NASA Form 604-Additional General Provisions to U.S. Standard Form 23-A.

(x) Standard Form 30-Amendment of Solicitation/Modification of Contract (see 16.103).

(xi) Continuation Sheet. There is no prescribed form of Continuation Sheet for construction contracts. A blank sheet, incorporating (A) the contract or invitation number, as appropriate; (B) page number and number of pages; and (C) name of bidder or contractor may be used for this purpose. Standard Form 36, Continuation Sheet (Supply Contract), shall not be used for construction contracts.

16.401-2 Conditions for Use.

(a) Contracts Estimated Not To Exceed $2,000. Standard Forms 19 and 19-B shall be used for those contracts executed as a result of formal advertising. Standard Form 22 also may be used. Where it is indicated that the low bid may exceed $2,000, Standard Form 19-A should be attached, the specifications should include the appropriate wage rate determination, and the following language shall be inserted in the space provided in the bid portion of Standard Form 19 prior to the issuance of the invitation:

If this bid exceeds $2,000, the bidder shall furnish with his bid a bid guaranty in an amount equal to .....% of his bid; failure to submit the guaranty on time is cause for rejection of the bid. (JULY 1968)

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When Standard Form 19 is used, progress payments may be made if the period of performance is greater than one month. However, if the period of performance is less than one month or the total contract amount does not warrant progress payments, a single payment may be made, in which case the contracting officer may indicate completion and final acceptance of the contract work by a stamped and signed statement to that effect on the face of the standard form and forwarding it to the financial management or fiscal officer for payment. The following statement may be used for this purpose:

I certify that the work and services furnished hereunder have been completed, inspected, and accepted as conforming to the contract requirements, and the amount is correct and proper for payment.

Signature and Title of Certifying Officer

(b) Contracts Estimated To Exceed $2,000 But Not To Exceed $10,000. Standard Forms 19, 19-A and 19-B shall be used for those construction contracts executed as a result of formal advertising. Standard Form 22 also may be used. The additional language set forth in (a) above shall be inserted in the bid option of Standard Form 19 prior to issuance of the invitation.

(c) Contracts Estimated To Exceed $10,000. Standard Forms 19-A, 19B, 20, 21, 22, 23, and 23-A shall be used for these construction contracts executed as a result of formal advertising. NASA Form 604 shall be used to supplement Standard Form 23-A. Strict compliance with the following instructions is required.

(i) Standard Form 19-A. This form shall be attached to the contract file.

(ii) Standard Form 19-B. This form shall be completed by the bidder and shall be attached to the contract file.

(iii) Standard Form 20 (Invitation for Bids). All invitations for bids shall allow sufficient bidding time (i.e., the period of time between the date of distribution of an invitation for bids and the date set for opening of bids) to allow bidders an adequate opportunity to prepare and submit their bids, giving due regard for the construction season, the time necessary for bidders to inspect the site, obtain subcontract bids, examine data concerning the work and prepare estimates from plans and specifications. This form shall be completed by inserting the appropriate data on the face of the form (see 2.201-1(a) and 2.2012).

(iv) Standard Form 21 (Bid Form). This form shall be furnished to all bidders with the invitation for bids. If the work is divided into separate schedules a bidding schedule showing a breakdown for each such separate schedule should be attached to the invitation for bids and a statement referring thereto made on Standard Form 21.

16.400

CFR TITLE 41 CHAPTER 18

FORMS FOR CONSTRUCTION CONTRACTS

BIDDING SCHEDULE

(To be attached to bid form when required by the Invitation for Bids)

(The following paragraphs shall be printed on the last page of the bidding schedule immediately below the schedule.)

Note: Use additional page if necessary. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

(v) Standard Form 22 (Instructions to Bidders). A copy of this form should accompany each invitation for bids for the information of bidders. (vi) Standard Form 23 (Construction Contract). A copy of this form should be furnished bidders with the invitation for bids for information. The form shall be completed after award to the acceptable bidder and executed by the parties as the formal contract instrument.

(vii) Standard Form 23-A (General Provisions). NASA Form 604 (Additional General Provisions to U.S. Standard Form 23-A) shall be used in conjunction with this form. Standard Form 23-A and NASA Form 604, together with any other special terms or additional contract provisions included on additional sheets, shall be attached to the executed contract.

(viii) Specifications. Specifications consisting of technical and special provisions pertinent to the particular contract and contract drawings shall, together with the above forms, complete the contract.

16.401-3 Terms, Conditions, and Provisions.

(a) The use of additional contract provisions consistent with those contained in the above forms is authorized, and, where required elsewhere in this Regulation, the use of such additional provisions is mandatory. NASA Form 604 shall be used to supplement Standard Form 23-A. The NASA "New Technology" clause set forth in 9.107-5 or 9.107-6 shall be used as additional required clauses under the circumstances set forth in 9.107-4. Contracts which require "state-of-the-art" or "brick and mortar" construction need not include the "New Technology clause.

(b) Changes or additional provisions inconsistent with those contained in the standard forms shall be incorporated when required by this Regulation, and may be incorporated when authorized by this Regulation, or when approved pursuant to 1.109. A copy of such approval pursuant to 1.109-2 shall be forwarded by the Office of Procurement, NASA Headquarters to the General Services Administration.

(c) The provisions of (a) and (b) above shall not be construed to authorize the reinstatement in Standard Form 19 of clauses which appear in Standard Form 23-A and which have either been condensed or omitted in the development of Standard Form 19 in the interests of simplification and uniformity. Where such reinstatement is deemed essential, the

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matter shall be handled as a deviation as provided in 1.109. Deviations are not required for use with Standard Form 19 of clauses which, although not properly a part of Standard Form 23-A, may accompany it when printed for use within NASA.

(d) The "Disputes" clause of Standard Form 19, may be altered by inserting in the Schedule or in the Specifications, the follwing:

Alterations. As used in the "Disputes" clause of the General Provisions, "head of the Federal Agency” means the “Administrator, NASA." (MAY 1965)

(e) During a period of national emergency, paragraph (d)(1) of the "Termination for Default-Damages for Delay-Time Extensions" clause of Standard Form 23-A has been changed by the "Alterations" clause in NASA Form 604 by deleting the words "unforeseeable causes" in the two places where they appear in the first sentence and substituting therefor the words "causes, other than normal weather."

(f) Deletion or modification of provisions in the above forms shall be accomplished in the "Alterations" paragraph added in the Schedule of Standard Form 19, or in the "Alterations" paragraph in NASA Form 604, or in the Specifications, as may be appropriate.

16.402 Negotiated Construction Contract Forms.

16.402-1 General. Except for Standard Form 30 (see 16.103 and 16.815), use of the forms prescribed in 16.401 is optional for negotiated construction contracts. When used for negotiated contracts, the forms shall be adapted by lining out or obliterating the words "sealed" and "publicly opened" and adding language to (i) indicate the authority for negotiation, and (ii) provide that wherever the words "invitation" and "bid" occur they shall be deemed to refer to "solicitation" and "offer", respectively. The box immediately below the title of Standard Form 19, beside the phrase "check if small business set-aside or other negotiated procurement," must be checked when that form is used for negotiated contracts. The appropriate clauses required for negotiated contracts shall be added to the contract forms. For example, whenever Standard Form 23 is used, the "Examination of Records" clause (7.104-15) must be added if the negotiated contract exceeds $2,500. In negotiated fixed-price contracts in excess of $10,000 where the contracting officer is not satisfied that the contract price, by virtue of competition or otherwise, excludes contingencies for State and Local taxes, Clause 29 of NASA Form 604, entitled "Federal, State and Local Taxes", shall be deleted and the clause set forth in 11.401-2(d) shall be substituted therefor.

16.402-2 Contracts Not to Exceed $10,000.

(a) Standard Form 19, with the appropriate changes indicated in 16.4011(i) and 16.402-1, or NASA Form 1379, with appropriate changes indicated below, shall be used for construction contracts of $10,000 or less executed as a result of negotiation.

(b) Where NASA Form 1379 is used, the following provisions on the reverse of the form shall be deleted:

(1) Inspection and Acceptance

(2) Variation in Quantity

(3) Payments

(4) Discounts

16.402

CFR TITLE 41 CHAPTER 18