Page images
PDF
EPUB

cer. ich

of or's lets

od Ons ent ble Ich the - be his

*

*

eto

der

ense Cod.

the

gotiable business of such prime contractor in income amount to (a) less than $10,000 with
such proportion as the Board determines to be respect to any fiscal year ended on or before
reasonable.

December 31, 1951, or (b) less than $20,000 with
1459.8 Other costs, expenses and re-

respect to any fiscal year ending after December
serves.“(a) Patent royalties.-(1) When, in 31, 1951 and before June 30, 1953.
renegotiation, a contractor has included sub-

Part 1464
stantial amounts in costs for royalties paid or

1464.12 Over-all loss of consolidated
payable on or before July 1, 1953, under patent

group.com
rights, the Board will determine whether any
action has been taken under the Royalty Ad-

(f) Withdrawal from consolidated renegoti-
justment Act, and will be guided by the prin-
ciples set out below.

ation. If an affiliated or related group which
(2) An order under the Royalty Adjustment

has filed a request for consolidated renegotiaAct fixing the rates and amounts of royalties to

tion for any fiscal year believes that renegotiabe paid under a license agreement has no legal

tion on a consolidated basis for such year would effect retroactively. The order applies only to be disadvantageous to it in view of the proviroyalties, irrespective of when payable, which

sions of this section, such request may be withare unpaid to the licensor on the effective date

drawn in the manner prescribed in this paraof the notice under the statute, whether accru graph. Such request may be withdrawn by ing before or after the effective date of the no

the filing with the Board not later than Septemtice, and does not and cannot require the re

ber 1, 1953 of (1) a notice withdrawing such fund of any royalties which have been paid to request and all Standard Forms of Contractor's the licensor before said effective date. No such Report theretofore filed by or on behalf of the order is effective after the expiration of the

members of such group for such fiscal year, Royalty Adjustment Act on July 1, 1953.

such notice to be executed by all of the con(3) In determining excessive profits of a

tractors which executed such request; and (2) licensee in renegotiation for a period in which

a new Standard Form of Contractor's Report royalty accruals are covered by an order or

for each such contractor, the filing of which agreement under the Royalty Adjustment Act,

shall be considered for the purposes of g 1465.2 the Board will give full effect to the rates or

of this subchapter to be the filing of the finanamounts of royalties fixed in the Royalty Ad

cial statement required under section 105(e) (1) justment Act order or agreement as fair and

of the act for such fiscal year. Such a withjust. No allowance will be made in renegotia

drawal will be accepted after September 1, tion for royalties paid or accruing during that

1953 if the Board considers that the conduct period in excess of the amounts permitted or of renegotiation proceedings would not be provided to be paid under such order or agree

hampered or delayed. At the time of filing ment. With respect to renegotiation with a

such a withdrawal, a new request for consolilicensor, see section 1452.6 of this subchapter.

dated renegotiation as a related group may be

filed by any of such contractors, in which event Part 1460

the members of such related group may satisfy 1460.5 Minimum refund.--Except as here

the requirements of this paragraph for the inafter provided, and in the absence of unusual filing of new Standard Forms of Contractor's circumstances, no determination of excessive Report by filing with such request a consoliprofits shall be made if such excessive profits

dated Standard Form of Contractor's Report before adjustment for State taxes measured by as provided in § 1470.3(h) of this subchapter.

sid

lon Fiew mal

the I the sub

ated

enment Tear k of stry roti con sing

at ctor com

ate

tary such

the ased

eral ad

ene.

3-1-67

[blocks in formation]

(7) Subcontract data.--A statement indicating generally the extent to which the subcontracts, if any, of the contractor for such services were nego tiated or resulted from competitive bidding.

(8) Competitive conditions.-Any other pertinent information and data which, in the opinion of the contractor, tends to establish that competitive conditions affecting the sale of such services were such as would reasonably prevent excessive profits. The competitive conditions to be considered are those which prevailed at the time of the making of the contracts or subcontracts under which the contractor, during the fiscal year under review, made the sales for which exemption is claimed.

Total

Other renegotiable sales, not claimed to be exempt
Total sales for year..

Part 1470

Estimates, if used, are for the purposes of this report

1470.3 Filing of financial statement.“(a) only and may be based upon the experience of the

When renegotiable sales exceed statutory contractor in prior years and/or upon available information for the year under review. It is not required "floor”. that detailed segregation methods be employed for

For fiscal years ending on or before June 30, the purpose of making such estimates.

1956, the Standard Form of Contractor's Report (3) Pricing policy.--A statement of the pricing policy of the contractor with respect to whether the sales is composed of two parts (RB Form 1 and RB claimed to be exempt were made at prices equal to Form 1B). See $ 1470.90 (a) and (b). * * * or higher than or lower than prices charged on sales

(b) When renegotiable sales are less than of similar services in comparable volume for nonrenegotiable requirements.

statutory "floor". * * * * (4) Names of other service companies. With re As set forth in 8 1470.91(a) of this subchapspect to the services (by class) claimed to be exempt,

ter, this Statement is required to be filed by set forth the names and addresses of not less than

every such person with respect to any fiscal year two other persons, not related to the contractor and known or believed by the contractor to be not related ending on or before June 30, 1956. As set forth to each other, who performed such services for general in $ 1470.91 (b) of this subchapter, this Statecivilian industrial or commercial requirements during

ment may be filed by any such person, at his the fiscal year under review, (5) Comparable services. If any such service was

election, with respect to any fiscal year ending not performed during the fiscal year under review after June 30, 1956. by more than two persons for general civilian industrial or commercial requirements, but is claimed to be reasonably comparable with a service so performed, set

(d) Time for filing.~(1) Fiscal years endforth the information required by subparagraph (4) ing on or before June 30, 1956. Except as othof this paragraph with respect to such other service, erwise provided in § 1467.4(d) (2) of this subtogether with information sufficient to establish that

chapter with respect to fiscal years ending on or both of such services are of the same or a similar

before June 30, 1956, the Standard Form of kind, are performed with the same or similar materials, and have the same or a similar result.

Contractor's Report, including both RB Form (6) Prime contract data.-A statement indicating 1 and RB Form 1B, or the Statement of Nongenerally the extent to which the prime contracts, Applicability, whichever is appropriate, shall if any, of the contractor for such services were nego

be filed on or before the first day of the fifth tiated or resulted from formal advertising and competitive bidding in conformity with the requirements

calendar month following the close of the fiscal of section 3 of the Armed Services Procurement Act of

year of the contractor, whether or not any 1947 (Pub. Law 413, 80th Cong.).

specific request for filing has been made.

*

3-1-67

1470.90 Standard Form of Contractor's Report.-(a) For fiscal years ending before June 30, 1953.

STANDARD FORM OF CONTRACTOR'S REPORT FOR Budget

RENEGOTIATION OF CONTRACTS AND SUBCONTRACTS Bureau No. 101-R002.1
SUBJECT TO THE RENEGOTIATION ACT OF 1951 (SEE | Approval
RBR 1470.3)

Expires March 31, 1954
(To be filed in duplicate on or before 1st day of 4th calendar month REFER TO
following close of your fiscal year.)

LPI No.

IMPORTANT: READ THIS NOTE CAREFULLY BEFORE PREPARING THIS FORM Manufacturers or those engaged in General Business, etc.:

(a) If renegotiable receipts or accruals are $250,000 or less, complete items V, VI, VII, VIII, IX, X, and XI only.

(b) If renegotiable receipts are more than $250,000, complete all items except IX and X. Brokers and Agents and others holding subcontracts described in Sec. 103(g)(3):

(a) If renegotiable receipts or accruals are $25,000 or less, complete items V, VI, VII, VIII, IX, X, and XI only.

(b) If renegotiable receipts or accruals are more than $25,000, complete all items except IX and X.

This RB Form 1 is to be submitted in duplicate; a single copy of each of the financial statements called for in item I is sufficient.

See attached instructions (RB Form 1A).

[blocks in formation]

I. We attach a copy of each of the following financial statements for our fiscal year ended

19.--.: (Month)

(Day) (1) Income and profit and loss statement for the fiscal year, (2) statement of surplus for the fiscal year, (3) balance sheet as of the close of the fiscal year. These financial statements appear in either our annual report or audit report, or, as noted thereon, were prepared from our books for filing with this report. If an annual report and audit report are not enclosed, we do not have either of such reports. II. Our net sales during this fiscal year consisted of the following:

(Sales referred to here represent "the aggregate of the amounts received or accrued" during a fiscal year)

[ocr errors][ocr errors]

A. Subject to renegotiation
1. Direct sales:

Net sales to the named departments under renegotiable
prime contracts and purchase orders:
(a) Fixed-price.---

$
(b) Cost-plus-a-fixed-fee (total billings).

(c) Other... 2. Indirect sales:

Net sales under renegotiable subcontracts of any tier, pur

chase orders, etc.
3. Commissions and other income from subcontracts of the type

described in sec. 103(g)(3) of the Renegotiation Act of 1951.
4. Other renegotiable business.

5. Total of items II-A-1, -2, -3, and -4.--. B. Net sales, etc., not subject to renegotiation.. C. Total net sales, etc., per income statement..

$ III. We attach, in duplicate, statement of income RB Form 1B (exhibit 1 and 1(a)).

(Continued on reverse side)

RB Form 1

The Renegotiation Board

U. S. GOVERNMENT PRINTING OFFICE: 1967 0 - 249-237

« PreviousContinue »