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(12) A statement as to the course of (1) A statement and evidence of the events anticipated if the request is precise mistake or error that was made, denied;

the ambiguity that exists, or the mis(13) Balance sheets, preferably certi- understanding that arose, showing of fied by a certified public accountant, as

what it consisted and how it occurred, of the end of the contractor's fiscal year

and the intention of the parties; first preceding the date of the first con- (2) A staten nt explaining wh the tract, as of the end of each subsequent mistake was discovered, when notice of fiscal year, as of the date of the request, mistake was given to the contracting and projected as of the date of comple- officer, and whether given before comtion of all the contracts assuming the pletion of work under, or the effective contractor is enabled to complete the date of termination of, the contract; contracts at the final prices estimated

(3) An estimate of loss or profit under pursuant to § 18–61.105(C)(3), together

the contract with detailed supporting with income statements for annual pe

analysis; and riods subsequent to the date of the first

(4) An estimate of the increase in cost balance sheet. Balance sheets and income statements should be both consoli

to the Government resulting from the dated, and by affiliates, and should show

adjustment requested with detailed sup

porting analysis. all transactions between the contractor and its affiliates, stockholders, and part

(f) Requests under $ 18–61.103(d). In ners, including loans to the contractor

addition to the matters of fact enumerguaranteed by any stockholder or part

ated in $ 18–61.105(b), where a request ner; and

involves possible formalization of an in

formal commitment, the contractor may (14) A list of all salaries, bonuses and

be asked to furnish: all other forms of compensation of the principal officers or partners and of all

(1) Copies of any written instructions dividends and other withdrawals, and

or assurances, or a statement under oath all payments to stockholders in any form

of any oral instructions or assurances since the date of the first contract

made to the contractor, with identificainvolved.

tion of the Government officer or offi

cial making such statement; (d) Requests under $ 18–61.103(b) (2). In addition to the matters of fact enu

(2) A statement as to when the propmerated in § 18–61.105(b), where a re

erty or services were furnished or arquest involves possible amendment

ranged to be furnished, and to whom; without consideration because of Gov- (3) Evidence that the contractor reernment action, and "essentiality” is

lied upon the instructions or assurances, not a factor, the contractor may be asked with a full description of the circumto furnish:

stances which led it so to rely, and that (1) A clear statement of the precise

the contractor intended, at the time of Government action which the contractor

performing the word, to be compensated considers caused a loss under the con

directly for it by the Government and tract with evidence to support each es

did not anticipate recovery of the costs sential fact;

in some other way; (2) A statement and evidence of the

(4) A cost breakdown supporting the contractor's original breakdown of esti

amount claimed as a fair compensation mated costs, including contingency al

for the work performed; and lowances, and profit;

(5) A statement and evidence of why (3) The estimated total loss suffered

it was impracticable to provide for the under the contract, with detailed sup

work performed in an appropriate conporting analysis; and

tractual instrument. (4) The estimated loss resulting from § 18–61.106 Disposition of cases. the Government action, with detailed (a) Investigation. A thorough invessupporting analysis.

tigation of all facts and issues relevant (e) Requests under $ 18–61.103(c). In to a request shall be made. Facts and addition to the matters of fact enumer- evidence shall be obtained from contracated in $ 18–61.105(b), where a request tor and Government personnel, includinvolves possible correction of a mistake, ing signed statements of material facts the contractor may be asked to furnish: within the knowledge of individuals where documentary evidence is lacking, (6) The contract clause entitled “Nonand audits where considered necessary to discrimination in Employment” (see establish financial or cost facts.

FPR 1-7.101-18 and ASPR 12–802); (b) Disposition. Upon receipt of (7) The contract clause entitled “Ascases, the Board, in accord with its own signment of Claims” (see FPR 1–7.101-8 procedures, shall render decisions as ex- and ASPR 7–103.8); peditiously as practicable. A Memoran- (8) If otherwise applicable, the condum of Decision disposing of the case tract clauses entitled “Walsh-Healey shall be prepared for the signature of the Public Contracts Act (41 U.S.C. 35)," Chairman of the Board, which shall be "Davis-Bacon Act (40 U.S.C. 276a)," dated and contain the following infor- “Copeland ('Anti-Kickback') Act Nonmation:

rebate of Wages (18 U.S.C. 874)," and (1) The name and address of the con- "Eight-Hour Laws-Overtime Compentractor, the contract identification, and sation (40 U.S.C. 324)” (See FPR 1-12 the nature of the request;

and Standard Form 23A, and ASPR 12– (2) The decision reached and the

604 and 12–403); and actual cost or estimated potential cost, if (9) Any other clauses which are apany, of the decision;

propriate to the particular procurement. (3) A concise description of the prop- § 18–61.107 Records and reports. erty or services involved;

(a) When decisions of the Board are (4) A statement of the circumstances

implemented, the following documents justifying the decision;

shall be prepared and maintained on file (5) If some adjustment action is ap- by the Board: proved, a statement in substantially the following form “The Board finds that the

(1) Two copies of the Memorandum of action authorized herein will facilitate

Decision; and the national defense."

(2) One copy of the contractual docuThe Memorandum of Decision shall

ment implementing the decision approvomit any of the foregoing information

ing contractual action. classified “Confidential” or higher. The

(b) The Board shall prepare reports Board's decision will be communicated

for submission to Congress in accordance to the appropriate official for implement

with the Act. ing action.

§ 18–61.108 Interdepartmental coordi(c) Contractual Requirements. Every

nation. contract entered into or amended or (a) General. Where a case involves modified pursuant to this section shall

matters of interest to more than one decontain:

partment or agency, the Board may take (1) A citation of the Act and Execu

such joint action as may be proper under tive Order;

the circumstances, including holding

joint meetings or hearings. Liaison with (2) A brief statement of the circum

the Military Departments and other destances justifying the action;

partments and agencies of the Govern(3) A recital of the finding that the ment in connection with all such cases action will facilitate the national de

shall be the responsibility of the Board. fense;

(b) Amendments under $ 18-61.103 (6) (4) The contract clause entitled “Cov

(1). Requests for amendments without enant Against Contingent Fees” (see consideration under $ 18–61.103(b) (1) Federal Procurement Regulations (FPR) where “essentiality” is an issue, which 1-1.503 and Armed Services Procurement involves another department or agency, Regulations (ASPR) 7–103.20);

shall not be finally determined by NASA (5) The contract clause entitled “Ex- until advice on the “essentiality” issue is amination of Records” (see FPR 1-7.101- requested and received from such other 10 and ASPR 7-104.15):

department or agency. When such ad

vice is received, the responsibility for taking the appropriate action, if any, shall be with NASA.

(c) Funds of other departments or agencies. Requests for adjustment within any category, where the funds of other than NASA may be required, shall not be approved by NASA until advice is requested and received from the other department or agency involved that additional funds will be made available.

The request for such advice shall disclose the following data:

(1) Contractor's name;
(2) Contract number;
(3) Amount of proposed relief;

(4) Brief description of the procurement; and

(5) Account classification-fund citation.

Subtitle B-Other Provisions Relating to

Public Contracts

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