$5B-3.606-50 Oral purchases.

(a) When advantageous to the Government, supplies or services may be procured orally from local suppliers at the work site or use point when authorized, using vendors invoices instead of purchase orders pursuant to the provisions of this § 5B-3.606-50.

(b) Oral purchase shall be effected only by persons duly authorized or designated, and in accordance with applicable laws and regulations subject to the following:

(1) The amount of any one purchase is $500 or less;

(2) A purchase order is not required by either the supplier or the Government, and;

(3) Appropriate invoices are obtainable from the supplier.

(c) Each ordering office using this purchasing technique shall require the supplier to immediately submit properly prepared invoices which itemize property or services furnished.

(d) Invoices which evidence receipt of the property or services shall be endorsed by an authorized Government representative.

(e) Informal records shall be maintained by the ordering office when necessary (including identification of the person placing the order) to ensure that the personal property or nonpersonal services ordered are actually received. (See also § 1-3.603-2.)

The considerations and discussions during negotiations shall include, to the extent necessary to resolve uncertainties, such matters as:

(1) The location, size, and character of the work and the estimated cost;

(2) The general conditions for the cost-plus-a-fixed-fee contract and the procedures to be followed thereunder;

(3) The organization the contractor will use at the site and proposed salaries for those employees;

(4) The types and amount of contractor's own equipment available for the project;

(5) The amount and character of work to be performed by the contractor's own forces and by subcontract;

(6) The time for completion, liquidated damages (if specified), insurance, bonds, and so forth;

(7) The fixed fee and the basis upon which its amount was predicted. (All these factors (1) through (6) have a bearing upon the amount of the fee.)

PART 5B-4-SPECIAL TYPES AND METHODS OF PROCUREMENT

85B-4.000 Scope of part.

This part supplements and implements FPR Part 1-4, which must be

amount or form on which executed. This includes contracts of $10,000 or less made under the small purchases procedures as provided in Subparts 13.6 and 5B-3.6.

PAYMENTS TO CONTRACTORS

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him to his subcontractors and suppliers in accordance with his contractual arrangements with them.

[45 FR 29576, May 5, 1980]

85B-7.651 Examination of records.

§ 5B-7.651-2 Examination of records by GSA.

Construction contracts (both fixedprice and otherwise) shall contain the clause set forth in § 5B-63.104 when examination of records by GSA is required under § 5B-63.103.

Subpart 5B-7.70-Cost-Plus-a-FixedFee Construction Contracts

§ 5B-7.7001 Required clauses.

§ 5B-7.7001-1 Subcontracting.

If the contractor's fee, on a costplus-a-fixed-fee contract is negotiated on the basis of performance of specified portions of the work by the contractor and by subcontractors, respectively, the following clause shall be included in the contract:

SUBCONTRACTING

(a) At the time the contract was negotiated, the Government and the contractor contemplated that the following specific items of work would be subcontracted:

(List the items. Examples are: Electrical Work, Painting and Roofing and Sheet Metal.)

(b) The fixed fee payable hereunder was determined on this basis and on the further contemplation that it would be advantageous both to the Government and to the contractor to have subcontracted in addition to the items specified above other portions of the work not predetermined in character but having a total estimated cost not exceeding $- ---. If the total cost of

Sec.

5B-16.901-20 Standard Form 20 (GSA

Overprint June 1972), Invitation for bids (Construction Contract).

5B-16.901-21 Standard Form 21 (GSA Overprint November 1975), Bid Form (Construction Contract).

5B-16.901-98 Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice.

5B-16.950 GSA Forms.

5B-16.950-527 GSA Form 527, Contractor's Qualifications and Financial Information. 5B-16.950-618A(FL) GSA Form 618A(FL), Form letter for informing contractor of labor standards provisions.

5B-16.950-618D GSA Form 618D, Statement to be Submitted When Work is Performed Personally.

5B-16.950-894 GSA Form 894, Financial Responsibility-Inquiry and Reply. 5B-16.950-1015 GSA Form 1015, Instructions to Contractors (Construction Contracts) Date Required to Substantiate Equitable Adjustments of Time and Time Extension.

5B-16.950-1083 GSA Form 1083, Section 0020, Applicable Minimum Hourly Rates of Wages.

5B-16.950-1137 GSA Form 1137, Request, Proposal and Acceptance Covering Construction Contract Modification.

5B-16.950-1139 GSA Form 1139, Section 0010, General Conditions.

5B-16.950-1142 GSA Form 1142, Release of Claims.

5B-16.950-1467 GSA Form 1467, Solicitation, Offer, and Award (Contract for Building Services).

5B-16.950-1467-A GSA Form 1467-A, Solicitation Instructions and Conditions (Contract for Building Services).

5B-16.950-1468 GSA Form 1468, General Provisions (Contract for Building Services).

5B-16.950-1495 GSA Form 1495, Special Provisions (Architect-Engineer Contract). 5B-16.950-1714 GSA Form 1714, Equal Opportunity Clause.

5B-16.950-1735 GSA Form 1735, Information Regarding Buy American Act. 5B-16.950-1747 GSA Form 1747, Amendment to Bid Documents (Construction Contract).

5B-16.950-1747A GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contracts).

5B-16.950-1903 GSA Form 1903, Notice to Bidder (Construction Contract). 5B-16.950-1954 GSA Form 1954, ArchitectEngineer Performance Record. 5B-16.950-1995 GSA Form 1995, Return of Payroll Document for Document for Correction.

Sec.

5B-16.950-2056 GSA Form 2056, Pre-Invitation Notice (Construction Contract). 5B-16.950-2166 GSA Form 2166, Service Contract Act of 1965 (as amended). 5B-16.950-2402 GSA Form 2402, Form letter for notifying contractor of action taken on shop drawing submittals. 5B-16.950-2417(FL) GSA Form 2417, Notice to Proceed. 5B-16.950-2419 GSA Form 2419, Certification of Payment to Subcontractors and suppliers.

for

5B-16.950-2428 GSA Form 2428, Request Authorization of Additional Classification(s), Rate(s), and Fringe Benefit(s).

5B-16.950-2465 GSA Form 2465, Notice of Appeal.

5B-16.950-2630 GSA Form 2630, ArchitectEngineer Cost Estimate.

5B-16.950-2631 GSA Form 2631, ArchitectEngineer Cost Estimate Summary. 5B-16.950-3471 GSA Form 3471, Bid Abstract.

5B-16.954 Department of Labor Forms. 5B-16.954-347 DL Form WH 347, Payroll (For Contractor's Optional Use). 5B-16.954-347 Inst-DL Form WH 347 Inst., Instructions for Completing Payroll Form WH 347.

5B-16.954-348 DL Form 348, Statement of Compliance.

5B-16.954-1313 DL WH Publication 1313, Notice to Employees Working on Government Contracts.

AUTHORITY: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

SOURCE: 40 FR 47133, Oct. 8, 1975, unless otherwise noted.

EFFECTIVE DATE NOTE: At 47 FR 28649, July 1, 1982, Part 5B-16 was removed, effective July 30, 1982.

§ 5B-16.000 Scope of part.

This part contains illustrations of selected forms used in PBS procurement. Reference also must be made to FPR Part 1-16. References to forms in this Part 5B-16, and within this regulation as a whole, shall be construed as references to the most recent edition of the form or GSA overprints.

[41 FR 50448, Nov. 16, 1976]

§ 5B-16.001 Terms, conditions, and provisions.

(a) No deletion, modification, or other deviation in prescribed forms shall be permitted except as provided in this Chapter 5B in connection with the use of such forms. (See § 5B1.009.)

(b) Additional terms, conditions, and provisions considered to be essential to the making of advertised or negotiated contracts may be used provided they are not inconsistent with those in prescribed forms. There is no objection to brief statements in invitations directing attention of bidders to specific provisions of the prescribed forms which are particularly applicable to the type of procurement involved. However, this technique should be used sparingly and judiciously.

[40 FR 47133, Oct. 8, 1975. Redesignated at 41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.4-Forms for Advertised Construction Contracts

§ 5B-16.401 Forms prescribed.

The following GSA forms are prescribed for use in accordance with this Part 5B-16. Their format shall not be changed. Instructions for preparation of forms are included with the illustrations of the forms.

(a) GSA Form 1015, Instructions to Contractors (Construction Contract), Data Required to Substantiate Equitable Adjustments of Time and Time Extensions.

(b) GSA Form 1083, Section 0020, Applicable Minimum Hourly Rates of Wages.

(c) GSA Form 1139, Section 00100, General Conditions.

(d) GSA Form 1747, Amendment to Bid Documents (Construction Contracts)

(e) GSA Form 1747A, Final Clarifications to Bid Documents (Construction Contract).

(f) GSA Form 1903, Notice to Bidder (Construction Contract).

(g) GSA Form 2056, Pre-Invitation Notice (Construction Contract).

[45 FR 29577, May 5, 1980]

§ 5B-16.402 Required use. [45 FR 29577, May 5, 1980]

8 5B-16.402-1 Contracts estimated not to exceed $2,000.

Standard Form 19 (GSA Overprint), Invitation, Bid, and Award (Construction, Alteration or Repair), as illustrated in § 5B-16.901-19, and a modifi

§ 5B-16.402-3 Contracts estimated to exceed $10,000.

Standard Form 20 (GSA Overprint), Invitation for Bids (Construction Contract), illustrated at § 5B-16.901-20; and Standard Form 21 (GSA Overprint), Bid Form (Construction Contract), illustrated at § 5B-16.901-21, with a modification as authorized by § 1-16.401(e), may be used instead of adding like PBS data to the forms illustrated in §§ 1-16.901-20 and 116.901-21, respectively. See § 16.402-3 for the use of other required Standard forms.

[45 FR 29577, May 5, 1980]

§ 5B-16.403 Optional use for negotiated contracts.

Notwithstanding the option allowed in § 1-16.403, the forms required to be used for contracts by § 1-16.402 and Part 5B-16 shall be used for contracts entered into pursuant to small business restricted advertising.

[40 FR 47133, Oct. 8, 1975]

§ 5B-16.404 Terms, conditions, and provisions.

(a) Additional terms, conditions, and provisions which are consistent with those contained in the forms prescribed in Subpart 1-16.4 and this Subpart 5B-16.4 may be used in procurements in which such forms are used:

(1) In individual cases, with advice of counsel and the approval of the appro

priate Regional Commissioner responsible for the contract.

(2) In classes of cases, with the approval of the Assistant Commissioner for Construction Management.

(b) The use of additional terms, conditions, and provisions which are inconsistent with prescribed forms constitutes a deviation and is subject to (§ 1-1.009 and § 5B-1.009.

(c) Modifications to Standard Forms that are required by the FPR are issued by the Central Office, GSA, in the form of guide specifications to the regional offices of PBS without being published in the GSPR 5B. Modifications to GSA Forms are also incorporated in guide specifications and, when received in regional offices prior to the issuance of a change to GSPR 5B, may be used immediately upon receipt.

[41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.7-Forms for Negotiated Architect-Engineer Contracts

§ 5B-16.701 Forms prescribed.

In addition to the forms prescribed in the FPR § 1-16.701, the following shall be used:

GSA Form 1495, Special Provisions (Architect-Engineer Contract).

§ 5B-16.703 Terms, conditions, and provisions.

The provisions of §§ 5B-16.404 (a), (b), and (c) and 1-16.703 shall be applicable to this Subpart 5B-16.7.

[41 FR 50448, Nov. 16, 1976]

Subpart 5B-16.8-Miscellaneous Forms

§ 5B-16.800 Scope of subpart.

This subpart prescribes miscellaneous forms, other than procurement contract forms, for use in connection with the procurement of supplies and services. Illustrations of these forms are contained in Subpart 5B-16.9.

§ 5B-16.853 Notice of intention to make a service contract.

Standard Form 98, Notice of Intention to Make a Service Contract and Response to Notice, illustrated at

90-136 0-82--49