§ 1-16.901-129 Standard Form 129: Bidder's Mailing List Application. (a) Page 1 of Standard Form 129.

11. INDICATE CLASSES OF EQUIPMENT, SUPPLIES, MATERIAL, AND/OR SERVICES ON WHICH YOU DESIRE TO BID (Use attached list, if any)

12. CATEGORY (See definitions on the reverse of this form and check below the category which applies to the applicant)

(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. 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 writing that you are unable to bid on that particular transaction but wish to remain on the active bidder's mailing list for that particular 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.

CATEGORY DEFINITIONS
(See Item No. 12)

A. MANUFACTURER OR PRODUCER means a person (or concern) 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. 11.

B. REGULAR DEALER (Type 1) means a person (or concern) who owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment of the general character listed in item No. 11 are bought, kept in stock, 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, coal, machine tools, raw cotton, green coffee, or hay, grain, feed, and straw) “Regular DEALER” means a person (or concern) satisfying the requirements of article 101 (b) of the regulations, as amended from time to time, prescribed by the Secretary of Labor under the Walsh-Healey Public Contracts Act (41 U. S. Code 35-45).

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.

SPECIMEN

§ 1-16.901-147 Standard Form 147: Order for Supplies or Services.

(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, specified 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 once 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 omcer, 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 ofcer 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: provar that nothing in this contract shall be construed as making mal ofi decision of any administrative omcial, representative or board on question of law.

(b) This

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 thin but does not include any taxes from which the Government, the Contractor or this transaction is exempt. Upon quest or the ontractor, the Government shall furnish a tax exemption certicate or similar evidence of exemption with respect to any such et included in the contract price pursuant to this lase Fote 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.

PAYMENTS AND BILLING INSTRUCTIONS

SPECI

Invoices shall be submitted in the ORIGINADO unless otherwise specified, and shall contain the following information: contract number (if any), order number, item number(s), description 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 invoice, 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.