Page images
PDF
EPUB
[blocks in formation]

P

to sales of articles for civilian industrial or commercial use with references to sales of services for civilian industrial or commercial purposes (see § 1467.53(c)).

(4) Like services. With respect to any like service, describe the standard commercial serv. ice with which such like service is claimed to be reasonably comparable; set forth information sufficient to establish that such services are of the same or a similar kind, are performed with the same or similar materials, and have the same or a similar result; include or attach a Certificate of Pricing in substantially the form set forth in § 1467.50(b), but modified to replace references to sales of articles for civilian industrial or commercial use with references to sales of services for civilian industrial or commercial purposes (see § 1467.53(c)); and set forth a schedule of sales showing the following with respect to the fiscal year under review:

If the new durable productive equipment exemption is applicable (see Part 1454 of this subchapter), the sales in the schedule should be stated before application of such exemption.

(3) Standard commercial services.-With respect to each standard commercial service, state the total amount of sales of such service in the fiscal year under review, and the amount and percent of the nonrenegotiable sales thereof in such fiscal year. Include or attach a Certificate of Pricing in substantially the form set forth in § 1467.50 (b), but modified to replace references

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

Like service claimed

to be exempt

Total sales

Standard commercial

service compared

Renegotiable sales

[blocks in formation]

Nonrenegotiable sales (like and standard

combined) Amount Percont

of total

(1)

[blocks in formation]

(d) Time for filing. Except as provided in $ 1467.43, every contractor who claims that the exemption provided in paragraph (1) (B) or paragraph (2) of section 106(e) of the act is applicable to any of his receipts or accruals in a fiscal year, under prime contracts with the Departments or subcontracts, shall file an Application for Commercial Exemption as soon as practicable after the close of such fiscal year, but in no event later than the date upon which the contractor is required to file the Standard Form of Contractor's Report with respect to such fiscal year. If the Application for Commercial Exemption is filed on or before the date upon which the contractor is required to file the Standard Form of Contractor's Report with respect to such fiscal year, the contractor shall not be required to file the Standard Form of Contractor's Report until the date prescribed in $ 1470.3(d) of this subchapter for the filing thereof or until the 30th day after the Board sends to the contractor written notice of the action of the Board on the claim for exemption,

[blocks in formation]

1467.56 Duty to furnish additional information.—The filing of an Application for Commercial Exemption in accordance with the provision of this section will not relieve any prime contractor or subcontractor of the duty to furnish any other information, records or data which are determined by the Board to be necessary to carry out its responsibilities under section 106(e) of the act.

1467.57 Effect of filing application for commercial exemption.-(a) In general.When an Application for Commercial Exemp

362

[ocr errors][merged small]

Part 1471

Assignment of Contractors for Renegotiation

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

case.

Sec.

generally be redesignated in accordance there-
1471.1 When assignment is made.
1471.2 How assignment is made.

with upon request of the Regional Board if not
1471.3 Reserved.

already concluded by clearance notice, agree1471.4 Reassignment to Board.

ment or order, and if such redesignation is other

wise expedient. If the fiscal year of the con-
AUTHORITY: Sections 1471.1 to 1471.4 issued under
section 109, Pub. Law 9, 82d Cong. Interpret or apply

tractor is a fractional part of 12 months, the
section 107, Pub. Law 9, 82d Cong.

$800,000 amount will be reduced to the same

fractional part thereof for the purposes of this 1471.1 When assignment is made.-After receipt of a Standard Form of Contractor's Re

paragraph. The Board has delegated to the Re

gional Boards authority (1) in Class A cases, port from a contractor, the Board will assign the

to make recommended determinations of excescase to a Regional Board for renegotiation if it

sive profits to the Board for final determination determines that further proceedings in the mat

by the Board, and (2) in Class B cases, to make ter are warranted. No assignment will be made

final determinations of excessive profits. (See when the Board can readily decide on the basis of the information contained in the Standard

page vii of this manual.) Form of Contractor's Report that the contrac

(c) The Regional Board to which the case is tor has not realized excessive profits for the fiscal

assigned will notify the contractor of the as

signment and will also advise the contractor year and that no purpose would be served by

whether the case is a Class A case or a Class B making an assignment to a Regional Board. If the Board decides not to make an assignment,

(d) Except in cases governed by paragraph the Board will notify the contractor to this ef

(e) of this section, with respect to contractors fect. See & 1498.6(c) of this subchapter.

whose receipts or accruals are wholly or pre1471.2 How assignment is made.-(a) An

dominantly under subcontracts described in secassignment may be made to a Regional Board

tion 103(g) (3) of the act, a Class A case will on some basis other than geographical in an ap

generally be one in which the contractor reports propriate case when it is believed that such as

on the Standard Form of Contractor's Report signment will promote efficiency in the renego

that its aggregate of such receipts or actiation procedure. Similarly, the Board will

cruals is $100,000 or more and a Class B case reassign a case from one Regional Board to an

will be one in which the contractor reports on other if it appears that efficiency of renegotia

the Standard Form of Contractor's Report that tion procedure will be promoted thereby.

its aggregate of such receipts or accruals is less (b) At the time of assignment, every case will

than $100,000. Cases assigned on and after Sepbe designated by the Board as either a Class A

tember 18, 1954, will be designated in accordance case or a Class B case. Generally, a Class A case will be one in which the contractor reports on

with the preceding sentence; cases previously the Standard Form of Contractor's Report that assigned will generally be redesignated in acit has derived from subject contracts profits of

cordance therewith upon request of a Regional more than $800,000 and a Class B case will be one Board if not already concluded by clearance in which the contractor reports on the Standard notice, agreement or order, and if such redesigForm of Contractor's Report that it has derived nation is otherwise expedient. If the fiscal year from subject contracts profits of $800,000 or less. of the contractor is a fractional part of 12 Cases assigned on and after September 18, 1954, months, the $100,000 amount will be reduced will be designated in accordance with the pre to the same fractional part thereof for the purcoding sentence; cases previously assigned will poses of this paragraph.

421

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

(0) Notwithstanding the foregoing, to facili cording to the amounts reported on the Standtate concurrent renegotiation of members of ard Form of Contractor's Report may, but will affiliated or related groups when not con not necessarily, be redesignated if further insolidated (seo 8 1464.10 of this subchapter),

formation developed after assignment estabrenegotiable members of any such group will

lishes that the contractor's renegotiable profits, generally all be designated at the time of assign

or its renegotiable receipts or accruals, as the ment es Class A or Class B cases according to

case may be, are sufficiently larger or smaller the proper designation of the member having

than the amount reported, to make such redesthe largest amount of profits from subject con

ignation appropriate. tracts for the fiscal year under review.

1471.3 Reserved. (f) Any case designated as a Class A or a Class B case may be redesignated at any time if 1471.4 Reassignment to Board. A case the Board considers such redesignation desira will be reassigned from a Regional Board to the ble in the public interest. Any case initially Board in the circumstances set forth in section designated as a Class A or a Class B case ac 1472.4 of this subchapter.

Board mit to tion f upon

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

3-11-70

[The next page is 441)

[blocks in formation]

willing, to enter into an agreement to eliminato limited in any manner by any evaluation or
excessive profits in the amount of the tentative tentative determination or recommendation
determination or recommendation of the Ro previously made in the case.
gional Board, and does not request a meeting (i) Final determination or recommendation
with a panel of the Regional Board as provided after panel meeting. After the panel meeting
in paragraph (h) of this section, the Regional provided in paragraph (h) has been held, the
Board personnel assigned to the case will sub panel will submit to the Regional Board its
mit to the Regional Board their recommenda recommendation for final disposition of the
tion for final disposition of the case. There case. Thereupon the Regional Board will make
upon the Regional Board will make and enter, and enter, in a Class B case, its final determina-
in a Class B case, its final determination, and tion, and in a Class A case, its final recommen-
in a Class A case, its final recommendation to dation to the Board with respect to the amount,
the Board with respect to the amount, if any, if any, of excessive profits for the fiscal year
of excessive profits for the fiscal year under re under review. The final determination or rec-
view. The Regional Board will notify the con ommendation of the Regional Board may be in
tractor by registered mail of such final deter an amount greater than, equal to, or less than
mination or recommendation, and will afford the amount of the tentative determination or
the contractor a reasonable time, to be fixed by recommendation. The Regional Board will
the Regional Board, to notify the Regional notify the contractor by registered mail of such
Board that it is or that it is not willing to enter final determination or recommendation, and
into an agreement to eliminate excessive profits will afford the contractor a reasonable time,
in the amount of such final determination or to be fixed by the Regional Board, to notify the
recommendation. After such notification from Regional Board that it is or that it is not willing
the contractor, or upon the failure of the con to enter into an agreement to eliminate exces-
tractor to furnish such notification within the sive profits in the amount of such final deter-
time fixed therefor by the Regional Board, the

mination or recommendation. In order to asprocedure set forth in Part 1474 or Part 1475 sist the contractor in determining whether or of this subchapter for the making of an agree not it will enter into an agreement, the Rement or the issuance of an order, as the case gional Board will, upon request, furnish a summay be, will be followed.

mary of the facts and reasons upon which the (h) Panel meeting. After the renegotiation

determination is based as provided in 8 1477.3 conference provided in paragraph (f) of this

of this subchapter. After such notification section has been held, or after it has been deter

from the contractor, or upon the failure of the

contractor to furnish such notification within mined that no renegotiation conference will be

the time fixed therefor by the Regional Board, held, the contractor shall be entitled, at its re

the procedure set forth in Part 1474 or Part quest, made within the time fixed pursuant to

1475 of this subchapter for the making of an said paragraph, to meet with a panel of the

agreement or the issuance of an order, as the Regional Board, which may include any Re

case may be, will be followed. In the event of gional Board member who may have partici

the issuance of an order, the contractor will be pated in the renegotiation conference. Any

entitled, upon request, to a statement of the dewritten argument or other presentation which

termination, of the facts used as a basis therethe contractor desires to submit to the panel, for, and the reasons for such determination as in addition to the material previously submitted provided in 8 1477.2 of this subchapter. by the contractor, should, whenever possible, 8 1472.4 Conduct of renegotiation by be filed with the chairman of the panel rea Board. (a) Reasons for reassignment from sonably in advance of the meeting. At the Regional Board.A case will be reassigned meeting the contractor will be afforded an from a Regional Board to the Board for further opportunity to be heard on all matters con proceedings when (1) a Regional Board makes sidered pertinent to the case, including any

a final recommendation in a Class A case with unresolved issues or matters of fact, law or which the contractor or the Board is not in accounting. The panel will not be bound or accord and when the Board does not direct the

[ocr errors][ocr errors][ocr errors][ocr errors]

3-11-70

443

[ocr errors]

Put for Presenten
Bed to the comi2***
ere the date II
Titu the contract

6 Purpose-1:22 Puence for Presenta actor to prepare

1 Brard drision. 2.2 anu ar at such more on tlich presenta:

ic Contenta. T: entation will set to ponts or matters sred by the Board ters may re ate to

evaluation, or of
notice will state
will have the
Cuss with the è
contractor con

will be experte

propriate deta

[ocr errors]

Hygional Board to conduct further proceedings
in the matter (wens 1473.2(a), 1474.3(a), and

all matters considered pertinent to the case, in-
187531) of this eulxchapter); or (2) a Ro-

cluding any unresolved issues or matters of wional Board makra a final determination by

fact, law or accounting. order in a Clara B case and the Board initiates a

(d) Final determination. After the division review of such determination (sem 8 1475.8

moeting provided in paragraph (c) of this (b)); or (3) the Board considers for any other

section has been held, or after it has been deter

mined that no such meeting is required, the reaon that the further proceedings in the caso division will submit to the Board its recomshould be conductad by the Board rather than mendation for final disposition of the case. by the Regional Board to which the case has Thereupon the Board will make and enter its bin previously assigned.

final determination with respect to the amount, (b) Appointment of division. Generally, if any, of excessive profits for the fiscal year after a case haa bwen reassigned to the Board under review. The final determination may be from a Regional Board, or after the Board has

in an amount greater than, equal to, or less than initiated review of a Regional Board detor the amount of any determination or recommination, the case will be assigned to a division mondation by the Regional Board. If the final of the Board. The division will study the in determination of the Board is that the conformation and data assembled by the Regional tractor did not realize any excessive profits, the Board and will determine what additional in Board will notify the contractor by registered formation or data, if any, is needed. The divi

mail of such final determination, which will be gion will secure such additional information embodied in a clearance notice or a clearance and data as it deems necessary and will conduct agreement, whichever is appropriate (see an independent study of the case. The division

8 1473,4 of this subchapter). If the final do-
will not be bound or limited in any manner by termination of the Board is that the contractor
any evaluation, recommendation or determina realized excessive profits, the Board will notify
tion of the Regional Board,

the contractor by registered mail of such final
(c) Division meeting. In every Class A determination and will afford the contractor
case reassigned pursuant to § 1475,3(a) of this a reasonable time, to be fixed by the Board, to
subchapter, and in every Class B cases where re notify the Board that it is or that it is not
view is initiated at the request of the contractor willing to enter into an agreement to eliminato
pursuant to § 1475.3(b) of this subwchapter, the excessive profits in the amount of such final de-
contractor will be afforded an opportunity to termination. In order to assist the contractor
meet with the assigned division of the Board

in determining whether or not it will enter into
prior to any final determination. In all other an agreement, the Board will, upon request,
reassigned cases, or other cars with respect to furnish a summary of the facts and reasons
which the Board has initiatad review, the con upon which the determination is based as pro-
tractor will be afforded an opportunity to meet vided in § 1477.3 of this subchapter. After such
with the assigned division of the Board prior

notification from the contractor, or upon the
to any final determination dillering from the failure of the contractor to furnish such noti-
determination or recommendation of the Re fication within the time fixed therefor by the
gional Board.
Any written argument or

Board, the procedure set forth in Part 1474 or
other presentation which the contractor de Part 1475 of this subchapter for the making of
sires to submit for consideration by the divi an agreement or the issuance of an order, as the
sion, in addition to the material previously sub case may be, will be followed. In the event of
mitted by the contractor to the Regional Board, the issuance of an order, the contractor will be
should, whenever possible, be filed with the entitled, upon request, to a statement of the
Director, Office of Review, reasonably in ad determination, of the facts used as a basis
vance of the meeting. Failure of the contrac therefor, and the reasons for such determina-
tor to file information or arguments prior to the tion as provided in 8 1477.2 of this subchapter.
meeting will not preclude presentation thereof $ 1472.5 Notice of Points for Presenta-
at the meeting. At the meeting the contractor tion.(a) When sent. The Board will send
will be afforded an opportunity to be heard on the contractor a Notice of Points for Presenta-

forth in the n contractor tha his views in points or ma reasonable e the notice th which it is helpful to

the case.

(d) Ef Points fo wise affe terminin to take i pertine forth ir for PC strued $1477 $1477 such

tract

mar

3-11-70

« PreviousContinue »