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§ 1-8.802–3 Format 802–3, Settlement Proposal (Short Form) fixed-price type
(a) Page 1 of Format 802–3. Format 802-3
FOR USE BY A PRIME CONTRACTOR OR SUICONTRACTOR IN SETTLEMENT OF A FIXED PRICE TERMINATED CONTRACT WHEN TOTAL CHARGES CLAIMED ARE LESS THAN $10000.
U SUBCONTRACT OR PURCHASE ORDU
SECTION 1-STATUS OF CONTRACT OR ORDER AT EFFECTIVE DATE OF TERMINATION
PREVIOUSLY PAYMENT TO BE
NOT TO BE
TOTAL COVERED BY CONTRACT OR ORDER
CHARGE FOR ACCEPTABLE FINISHED PRODUCT NOI CONRED BY INVOICING (From Format 803-9)
CHARGES FOR SETTLEMENT(S) WITH SUBCONTRACTORS
NET PAYMENT REQUESTED Iliem loss 8)
papers and records relating to this proposal for future exammation by your customer or by !he contracting officer. GIVE A BRIEF EXPLANATION OF HOW YOU ARRIVED AT THE AMOUNTS SHOWN IN ITEMS 3, 4, O AND 7
NAME OF YOUR COMPANY
BY (Signature of authorized official)
THE UNDERSIGNED CERTIFIES THAT THE ABOVE PROPOSED SETTLEMENT INCLUDES ONLY
WHERE THE SPACI NOVIDED FOR ANY INORMATION IS INSUSFICIENT, ATTACK SEPARATE SUPPORTING SCHEDULES
(b) Page 2 of Format 802–3.
1. This settlement proposal should be submitted to the con. tracting officer, if you are a prime contractor, or to your cus. tomer, if you are a subcontractor. The term contract as used hereafter includes a sub-contract or a purchase order.
(a) COSTS. -Costs incurred which are reasonably necessary and are properly allocable to the terminated portion of your contract under recognized commercial accounting practices, including direct and indirect manufacturing, selling and distribu. tion, administrative, and other costs and expenses incurred.
2. Claims which would normally be included in a single settlement proposal, such as those bosed on a series of separate orders for the same item under one contract should be consolidated wherever possible, and must not be divided in such a way as to bring them below $10,000.00
(6) SETTLEMENT WITH SUBCONTRACTORS. - Reasonable settlements of claims of subcontractors allocable to the termi. .nated portion of the sub-contract. Copies of such settlements will be attached hereto.
SETLEMENT EXPENSES.- Reasonable costs of protecting and preparing temination inventory in your possession and preparing your claim.
• 3. You should review any provisions of your contract relating
to termination and consult your customer or contracting officer for further information. Government regulations pertaining to the basis for determining a fair and reasonable termination settlement are contained in Part 1-8, Federal Procurement ileg ulations (41 CFR 1-8). Your claim for fair condenstrionishbong be prepared on the basis of the costs show key role accounting records. Where your costs are not so show you may use any reasonable basis for estimating your costs which will provide for fair compensation for the preparations made and work done for the terminated portion of the contract, including a reason. able profit on such preparation and work.
PROFIT. - A reasonable profit with respect to the prep. orations you have made and work you have actually done for the terminated portion of your contract. No profit should be included with respect to work which has not been done, nor shall profit be included with respect to settlement expenses, or with respect to settlement with subcontractors.
5. If you use this form, your total charges being claimed (line 5), must be less than $10,000.00. The government has the right to examine your books and records relative to this proposal, and if you are a subcontractor your customer must be satisfied with your proposal.
4. Generally your settlement proposal may include under items 2, 3, and 4, the following:
• V. S. GOVERNMENT PRINTING OFFICE 1962 of-$43710
(35 F.R. 6474, Apr. 23, 1970)
$ 1-8.802-4 Format 802-4, Settlement Proposal for Cost-Reimbursement Type
SETTLEMENT PROPOSAL FOR COST-REIMBURSEMENT TYPE CONTRACTS
To be used by prime conectors submitting termination claims on cost.reimbursement type contracts under Part 1-8 of the Federal Procurement
O PARTIAL O FINAL STREET ADORESS
GOVERNMENT PRIME CONTRACT NO. REFERENCE NO.
1. DIRECT MATERIAL . . 2. DIRECT LABOR 3. INDIRECT FACTORY EXPENSE 4. DIES, JIGS, FIXTURES AND SPECIAL TOOLS S. OTHER COSTS 6. GENERAL AND ADMINISTRATIVE EXPENSE 7. TOTAL COSTS (homs I thru 61 1. FEE 9. SETTLEMENT EXPENSES 10. SETTLEMENTS WITH SUBCONTRACTORS 11. GROSS PROPOSED SETTLEMENT (Itoms 7 thru 10) 12. DISPOSAL AND OTHER CREDITS 13. NET PROPOSED SETTLEMENT (Itom 11 lors 12) 14, PREVIOUS PAYMENTS TO CONTRACTOR 15. NET PAYMENT REQUESTED (trom 13 low 14)
The undersigned, individually and h authorized representative of the contractor, certifies that he has examined this seniement proposal and that, to the best of his knowledge and belief:
(1) AS TO CONTRACTOR'S OWN CHARGES-The proposed settlement (exclusive of charges set forth in Item 10) and supporting schedules and explanations have been prepared from the books of account and records of the contractor in ac. cordance with the terms of the contract; they include only those charges allocable to the terminated contract; they have been prepared with knowledge that they will, or may, be used directly or indirectly as the basis of settlement of a claim or claims against the United States or an agency thereof; and the charges as stated are fair and reasonable.
(2) AS TO SUBCONTRACTORS' CHARGES-(a) The contractor has examined, or caused to be examined, to an ex. tent he considered necessary in the circumstances, the claims of his immediate subcontractors (exclusive of claims filed against such immediate subcontractors by their subcontractors); (b) the settlements on account of immediate subcontractors' own charges are fair and reasonable, said charges are allocable to the terminated portion of this contract and said sertlements were nego. tiated in good faith and are not more favorable to his immediate subcontractors than those which the contractor would make if reimbursement by the Government were not involved; (c) the contractor has received from all his immediate subcon. tractors appropriate certificates with respect to their claims, which certificates are substantially in the form of this certificare: and (d) the contractor has no information leading him to doubt (i) the reasonableness of the settlements with more re. mote subcontractors, or (ii) that charges for them are allocable to this contract. Upon receipe by the contractor of amounts covering settlements with his immediate subcontractors, the contractor will pay or credit them prompely with the amounts so received, to the extent that he has not previously done so. The term subcontractor as used above includes suppliers.
§ 1-8.803 Formats of inventory schedules. § 1-8.803-1 Format 803-1, Inventory Schedule A (Metals in Mill Product Form).
(a) Page 1 of Format 803-1.
(b) Page 2 of Format 803-1.
INSTRUCTIONS FOR USE-INVENTORY SCHEDULE A
METALS IN MILL PRODUCT FORM
lo) list metals in row or primary form os furnished by the mill and on which there has been no subsequent fabricating opora. tion. Do not include castings and forgings, which are to be listed on Format 803-3. Use o now form, with continuation sheets if necessary, for each type of metal, and write the name of the matol or alloy in the Property Classification" block pro. vided in the upper right-hand corner of the form. Examples oro: Alloy Steel Coppor
E. COMMON ITEMS.-Any items of inventory reasonably usable, without loss to the contractor on his other work, because they are materials, ports, or components, common in nature to both the terminated contract and other work of the contractor, are not to be listed except for items the delivery of which has been required by the Government and except for Government-furnished property. (So Inventory Schedule Certificate.)
F. PROCEEDS OF AUTHORIZED SALE (Column g).-Insert the lot. ter "A" after the amount if the salo (or credit for acquisition) has boon authorized or approved by the contracting officer or customer. Insert the latter "C" if the amount represents your offer to acquire or soll. In either cose, quantity should also be shown (on a second lino) if less than the full quantity shown in col. umn d.
(6) In addition, on the shoots for any such metal, list like forms of the metal or alloy together in sequence. For example, on the sheet or sheets used to list Carbon Steel, group together all the strip, then follow with the shoot, then the bor stock, olc.
8. DESCRIPTION (Column b).- Full commercial description and weight is required for all items.
G. GOVERNMENT OWNED PROPERTY
Garonmanikurnished property should be listed on sep. Dato Modern Apoll to show that the items oro Government.
No wear title to materials purchased by the contractor is
the Government, such materials should be listed and West dota supplied.
C. CONDITION (Column c).- for purpose of indicating condition of material, the code indicated below should be used. ro quires the combination of a letter and a number in an in (as E4 or N2). Use the letter "x," without a number for rial considered to have no further value formula Dogdintiy hec tended, but of possible salvage value other that scop If considerad krop, insert on "S." CODE: N-NEW
4-Poor D. COST (Columns • ond f). -- Any generally recognized basis for costing inventory may be used, provided it has been regularly used by the contractor and properly reflects his costs.
lo) Separate Schedules. If the space provided for any infor mation called for is insufficient, attach separate supporting schedules.
(b) Continuation Shoots - Uso Format 803-2 whenever moro thon one page is required.
(c) Number of Copies. The number of sets of inventory schod. vlos required will be indicated by the contracting officer or the customer from whom the notice of termination is rocoivod.