Page images
PDF
EPUB

(d) Page 4 of Format 804-1.

23. METHOD OF RECORDING AND ABSORBING (1) GENERAL ENGINEERING AND GENERAL DEVELOPMENT EXPENSE AND (2) ENGINEERING AND

DEVELOPMENT EXPENSE DIRECTLY APPLICABLE TO THE TERMINATED CONTRACT

24. TYPES AND SOURCE OF MISCELLANEOUS INCOME AND CREDITS AND MANNER OF RECORDING IN THE INCOME OR THE COST ACCOUNTS SUCH

AS RENTAL OF YOUR FACILITIES TO OUTSIDE PARTIES, ETC.

25. ARE COSTS AND INCOME FROM CHANGE ORDERS SEGREGATED FROM OTHER CONTRACT COSTS AND INCOME?

BY WHAT METHOD?

[ocr errors]

2. he semiem Nr XPENSES APPUCABLE TO PREVIOUSIY TERMIR

26. ARE SETTLEMENT EXPENSES APPLICABLE TO PREVIOUSLY TERMINATED CONTRACTS EXCLUDED FROM THE ATTACHED PROPOSALS?

IF "NO" EXPLAIN

[ocr errors][merged small]

27. STATE POUCY AND PROCEDURE FOR VERIFICATION ANON

WTS WITH SUBCONTRACTORS AND VENDORS

SPECIMEN

128. METHOD OF COMPUTING PROFIT CLAIMED IN THE ATTACHED PROPOSAL AND REASON FOR SELECTING THE METHOD USED. FURNISH ESTI.

MATE OF AMOUNT OR RATE OF PROFIT IN DOLLARS OR PERCENT ANTICIPATED HAD THE CONTRACT BEEN COMPLETED

29. WHAT IS LENGTH OF TIME (production cycle) REQUIRED TO PRODUCE ONE OF THE END ITEMS FROM THE TIME THE MATERIAL ENTERS THE

PRODUCTION LINE TO THE COMPLETION AS THE FINISHED PRODUCT?

30. METHOD OF ALLOCATING GENERAL AND ADMINISTRATIVE EXPENSE

CERTIFICATE
I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ABOVE STATEMENTS ARE TRUE AND CORRECT.
NAME OF CONTRACTOR

BY (Signature of supervisory accounting official)

NAME OF CONFERE

CERTIF

[blocks in formation]

WHERE THE SPACE PROVIDED FOR ANY INFORMATION IS INSUFFICIENT, ATTACH SEPARATE SCHEDULES

§ 1-8.804–2 Format 804–2, Application for Partial Payment.

(a) Page 1 of Format 804-2.

APPLICATION FOR PARTIAL PAYMENT

For use by Prone Contractor or Subcontractor under contracts terminated for the convenience of the Government THIS APPLICATION APPLIES TO (Check one)

APPLICANT A PRIME CONTUACT WITH

SUKCONTRACT OR D THE GOVERNMENT

PURCHASE ORDER SURCONTRACT OR PURCHASE ORDER NUMBER(S)

STREET ADDRESS

[blocks in formation]

SECTION 1.-STATUS OF CONTRACT OR ORDER AT EFFECTIVE DATE OF TERMINATION
FINISHED

UNFINISHED OR

NOT COMMENCED

ON HAND
PRODUCTS COVERED BY TERMINATED
CONTRACT OR PURCHASE ORDER

PREVIOUSLY
SHIPPED AND
PAYMENT TO

INCLUDED
RECEIVE

TO BE

NOT TO BE
INVOICED

COMPLETED
LICATION

COMPLETED
INVOIona

TOTAL COVERED BY CONTRACT OR ORDER

[ocr errors]

THCO

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small]

(b) Page 2 of Format 804–2.

SECTION III. AGREEMENT OF APPLICANT

IN CONSIDERATION OF ANY PARTIAL PAYMENT WHICH MAY BE MADE, THE APPLICANT AGREES AS FOLLOWS:

menis are repaid to the Government within 30 days after demand.

(2) PROMPT SETTLEMENT OF CLAIM. — The applicant will make every seasonable cffort to expedire final scuelement of the termination claim and the claims of his subcontractors, if any.

(1) REPAYMENT OF EXCESS. If any partial payment made to the contractor is in excess of the amound finally determined to be duc on his termination claim, the excess shall be repaid to the Govern. ment upon demand, with interest at the rate of 6 percenc per annum. Interese shall be computed for the period from the date of the excess paymene to the date of repaymeni, excepe that (i) no interest shall be charged for any such excess payment actributable to a reduction in the contrace termina. tion claim by reason of carencion or other disposi. tion of cermination inventory, until 10 days after the dare, of such retention or disposition, or such later dare as desermined by the contracting officer by reason of the circumstances, and (ii) no interest shall be charged for overpayment under cost-rcim. bursement type rescarch and development conso (uithour profit or fee 10 she contractor) if the track

(3) DISPOSAL AND RETENTION OF INVENTORY.Whenever the amount of any proceeds hercafter received by the applicant on the disposal of terminacion inventory, plus the cost or agreed value, as the case may be, of any icrmination inventory which the applicant hercafice cleats to retain, exceeds the amount scared by the applicant in this application as the amount of his charges (Section II, Line D) and the amount of such credits has not been inch culob Section II, Line b (Disposal and Oefen Endirilicht applicant within 10 days will nalify Wicstgrding agency of the amount of

in the soune of such inventory disposal or

SPEGLE

SECTION IV.–CERTIFICATE OF APPLICANT

The undersigned certifies that the amount of his own charges (exclusive of subcontractors' charges) due as of the date of this application and allocable to the terminated portion of its contract Number , dated

---, is not less than $ e that, to the best of applicant's knowledge, the amounts received are as set forth above; and that the applicant has not assigned any moneys payable under this contract, cxccpe as set forth above.

NAME OF APPLICANT

BY (Signature of authorized othrial)

TITLE

DATE

WHERE THE SPACE PROVIDED FOR ANY INFORMATION IS INSUFFICIENT, ATTACH SEPARATE SUPPORTING SCHEDULES

(c) Page 3 of Format 804-2.

SECTION V.- RECOMMENDATION OF FIRST REVIEWING CONTRACTOR

The undersigned scaces that he has examined this application and has considered the applicant's general reputation. He has no reason to doubt the accuracy of the information contained in this applicacion or that the amount certificd by the applicant as due will.constituce a proper charge to be

[merged small][merged small][ocr errors]

The undersigned agrees that he will prompely pay over to the applicant or credit against amounts owing from the applicant any amount received for the benefic of the applicant under this application, and that he will repay to the Government on demand any amount not so paid or credited.

NAME OF CONTRACTOR

BY (Signature of authorized official)

TITLE

DATE

SECTION VI.- RECOMMENDATIONS OF OTHER REYHWNG TRACTORS Each of the undersigned states that he has no son to get a chat the amount of the partial payment requested, and recommended above in due the topitten and will constitute a proper charge in the termination claim of the undersigrice (D I M

Each of the undersigned agreglibertine Promptly pay over to his immediace subcontractor or credit against amounts owing from an Sebcontractor any amount received for the benefit of the ap. plicant under this application, and that he will repay to the Government on demand any amount not so paid or credited.

CONTRACTOR

DATE

IDENTIFICATION OF
YOUR CONTRACT

SIGNATURE OF OFFICER,
PARTNER, OR OWNER

WHERE THE SPACE PROVIDED FOR ANY INFORMATION IS INSUFFICIENT, ATTACH SEPARATE SUPPORTING SCHEDULES

§ 1-8.805 Scrap warranty.

A warranty in the general format set forth below shall be executed by a purchaser of material as scrap (on direct purchase from the Government or on subsequent resale) in accordance with the requirements of § 1-8.504.

SCRAP WARRANTY In consideration of the transfer to the undersigned of the property covered by this Agreement at & value based upon its being used as scrap, the undersigned represents and warrants to the United States of America as follows:

(a) The property covered by this Agreement will be used only as scrap, either in Its existing condition or after further prep. aration, unless and until the undersigned is released from this warranty.

(b) In the event the undersigned is released from this warranty, or any payment agreed on as consideration for such release shall be made to the United States, regard. less of whether this warranty shall have been executed at the request of the United States.

(c) In the event the undersigned sells the property covered by this Agreement prior to release of this warranty, the undersigned will obtain from the purchaser and tender to the United States a warranty identical to this executed by the purchaser, and upon receipt of such other warranty, this warranty will be released by the United States. $ 1-8.806 Formats of settlement agree

ment. § 1-8.806–) Settlement agreement for

use in settling fixed-price prime con.

tracts after complete termination. THIS SUPPLEMENTAL AGREEMENT OF SETTLEMENT, entered into this ----- day of

---------, 19.., between the UNITED STATES OF AMERICA (hereinafter called 'The Govern ment") represented by the Contracting Officer executing this contract, and ---------

(a) A corporation organized and existing under the laws of the State of --------;

(b) A partnership consisting of -------

(C) An individual doing business as ---(hereinafter called “the Contractor”).

WITNESSETH THAT:

WHEREAS, the Contractor and the Govern. ment have entered into Contract No. ----under date of ----------, 19.- which, together with any and all amendments. changes, modifications, and supplements thereto. Is hereinafter referred to as "the contract"; and

WHEREAS. the Termination for Conven. lence of the Government clause of the con tract provides that the performance of work under the contract may at the convenience of the Government be terminated by the Government in whole, or from time to time

in part, whenever the Contracting Oncer shall determine that such termination is in the best interest of the Government, and that the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid to the Contractur by reason of such termination; and

WHEREAS, by notice of termination dated ---------- the Government advised the Contractor of the complete termination of the contract for the convenience of the Government; and

WHEREAS, as used herein, the following terms shall have the meanings hereinafter set forth:

(a) The term "termination inventory" means any items of physical property purchased, supplied, manufactured, furnished, or otherwise acquired for performance of the contract and properly allocable to the terminated portion of the contract. The term does not include any facilities, material, production or other equipment, or special tooling, which are subject to a separate contract or a special contract provision governing the use or disposition thereof. Termination inventory may include contractor-acquired property and Government-furnished property as defined below.

(1) "Contractor-acquired property" means property procured or otherwise provided by the Contractor for the performance of a contract, whether or not the Government has title by the terms of the contract or exercises its contractual right to take title.

(2) "Government-furnished property" means property in the possession of or acquired directly by the Government, and subsequently delivered or otherwise made available to the Contractor.

(b) The term "subcontract" means any contract, as defined in § 1-1.208 of the Federal Procurement Regulations (41 CFR 11.208), other than a prime contract, entered into by a prime contractor or a subcontractor, calling for supplies or services required for the performance of any one or more prime contracts.

(c) The term "scrap" means property which has no reasonable prospect of being sold except for the recovery value of its basic material content.

Now, THEREFORE, the parties hereto do mu. tually agree as follows:

ARTICLE 1. The Contractor certifies that all contract termination inventory (includ. ing scrap) has been retained or otherwise acquired by him, sold to third parties, returned to suppliers, stored for the Govern. ment, delivered to the Government, or otherwise properly accounted for, and all proceeds or retention prices thereof, if any, have been taken into account in arriving at this agreement.

ARTICLE 2. (a) The Contractor certifies that, prior to the execution of this agreement, each of the Contractor's immediate subcontractors whose claim is included in

[blocks in formation]
« PreviousContinue »