(b) Page 2 of Standard Form 129.

INFORMATION AND INSTRUCTIONS

Persons or concerns wishing to be added to a particular agency's bidder's mailing list for supplies or services shall file this properly completed and certified Bidder's Mailing List Application, together with such other lists as may be attached to the application form, with each procurement office of the Federal agency with which they desire to do business. If a Federal agency has attached a supplemental Commodity List with instructions, complete the application as instructed. Otherwise, identify in Item 8 the equipment, supplies, and/or services on which you desire to bid. The application shall be submitted and signed by the principal as distinguished from an agent, however constituted.

After placement on the bidder's mailing list of an agency, a supplier's failure to respond (submission of bid, or notice in writ ing, that you are unable to bid on that particular transaction but wish to remain on the active bidder's mailing list for that particu lar item) to Invitations for Bids will be understood by the agency to indicate lack of interest and concurrence in the removal of the supplier's name from the purchasing activity's bidder's mailing list for the items concerned.

TYPE OF BUSINESS DEFINITIONS

(See Item No. 9)

A. MANUFACTURER OR PRODUCER means a person (or con. cern) owning, operating, or maintaining a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment of the general character of those listed in Item No. 8, or in the Federal Agency's supple. mental Commodity List, if attached.

DEFINITIONS RELATING TO SIZE
OF BUSINESS

A. SMALL BUSINESS CONCERN. A small business concern
for the purpose of Government procurement is a concern,
including its affiliates, which is independently owned and
operated, is not dominant in the field of operation in which
it is bidding en Government contracts and can further
qualify under the criteria concerning number of employees,
average annual receipts, or other criteria, as prescribed by
the Small Business Administration. (See Code of Federal
Regulations Tile 3, Part 121, as amended, which contains
detailed inderst definitions and related procedures.)

B. REGULAR DEALER (Type 1) means a person (or concerp
who owns, operates, or maintains a store, warehouse,
other establishment in which the materials,
articles, or equipment of the general charecter listed in term
No. 8 or in the Federal Agency's supplemental Commodity
List, if attached, are bought, kept
and sold to the
public in the usual course of business

C. REGULAR DEALER (Type 2) in the case of supplies of particular kinds (at present, petroleum, lumber and timber products, machine tools, raw cotton, green coffee, hay, grain, feed, or straw, agricultural liming materials, tea, raw or unmanufactured cotton linters). "REGULAR DEALER" means a person (or concern) satisfying the requirements of the regulations (Code of Federal Regulations, Title 41, 50201.101(b)) as amended from time to time, prescribed by the Secretary of Labor under the Walsh-Healey Public Contracts Act (Title 41 U.S. Code 35-45). For coal dealers, see Code of Federal Regulations, Title 41, 50-201.604(a).

D. SERVICE ESTABLISHMENT means a concern (or person) which owns, operates, or maintains any type of business which is principally engaged in the furnishing of nonpersonal services, such as (but not limited to) repairing, cleaning, redecorating, or rental of personal property, including the furnishing of necessary repair parts or other supplies as part of the services performed.

E. CONSTRUCTION CONCERN means a concern (or person) engaged in construction, alteration or repair (including dredging, excavating, and painting) of buildings, structures or other real property.

[31 F.R. 5199, Mar. 31, 1966]

ELITES. Business concerns are affiliates of each other when either directly or indirectly (i) one concern controls or has the power to control the other, or (ii), a third party controls or has the power to control both. In determining whether concerns are independently owned and operated and whether or not affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationship. (See Items Nos. 6 and 10.)

C. NUMBER OF EMPLOYEES. In connection with the determination of small business status, "number of employees" means the average employment of any concern, including the employees of its domestic and foreign affiliates, based on the number of persons employed on a full-time, part-time, temporary, or any other basis during the pay period ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. If a concern has not been in existence for four full calendar quarters, "number of employees" means the average employment of such concern and its affiliates during the period such concern has been in existence based on the number of persons employed during the pay period ending nearest the last day of each month. (See Item No. 10.)

COMMERCE BUSINESS DAILY

The Commerce Business Daily, published by the Department of Commerce, contains information concerning proposed procurements, sales, and contract awards. For further information concerning this publication, contact your local Commerce Field Office.

§ 1-16.901-147

Standard Form 147: Order for Supplies or Services.

(a) Page 1 of Standard Form 147.

(b) Page 2 of Standard Form 147.

TERMS AND CONDITIONS OF PURCHASE ORDER

1. INSPECTION AND ACCEPTANCE-Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejections, risk of loss will be on the Contractor unless loss results from negligence of the Government.

2. VARIATION IN QUANTITY-No variation in the quantity of any item called for by this contract will be accepted unless such Variation has been caused by conditions of loading. shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, speciñed elsewhere in this contract.

3. DISCOUNTS-Discount time will be computed from date of delivery at place of acceptance or from receipt of correct invoice at the office specified by the Government, whichever is later. Payment is made, for discount purposes, when check is mailed.

4. DISPUTES.-(a) Except as otherwise provided in this contract. any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Captracting ofcer, who shall mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless, within 30 days from the date of receipt of such copy. the Contractor mails or otherwise furnishes to the Contracting officer a written appeal addressed to the Head of the Agency. The decision of the Head of the Agency or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting officer's decision. "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in (a) above: prov that nothing in this contract shall be construed as making ma decision of any administrative official, representative or board on a question of law.

8. COVENANT AGAINST CONTINGENT FEES-The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fees, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

9. FEDERAL, STATE, AND LOCAL TAXES.-Except as may be otherwise provided in this contract, the contract price includes all applicable Feder State, and local taxes and duties in effect on the date of thunac but does not include any taxes from which the Goverment he Contractor or this transaction is exempt. Upon guest or the contractor. the Government shall furnish a tax exemption certicate similar evidence of exemption with respect to any such included in the contract price pursuant to this lase Forte purpose of this clause, the term "date of this conadmeans the date of the contractor's quotation or, if no quotaon the date of this purchase order.

ENTS AND BILLING INSTRUCTIONS

SPECIE

Invoices shall be submitted in the ORIGINon unless otherwise specified, and shall contain the following information: contract number (if any), order number, item number(s), desorption of supplies or services, sizes, quantities, unit prices, and extended totals. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. If prepaid parcel post charges are billed, the gross weight and shipping point must be shown.

NOTE. If desired. this order (or a copy thereof) may be used by the Contractor as his involoe, in lieu of a separate Invoice, provided the following statement. (signed and dated) is entered on (or attached to) the order: "Payment is requested in the amount of $..... No other invoice will be submitted" When several orders are to be invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged.