(b) Form prescribed. Standard Form 37, Report on Procurement by Civilian Executive Agencies (June 1961 edition), is prescribed for use when reporting procurement in accordance with this section. (c) Preparation of report. Except for the procurements excluded in paragraph (d) of this section, the report shall include the dollar amount of all types of commitments which obligate the Government to an expenditure of funds for property and services (including maintenance, repair and construction of buildings, roads, etc.; and research and development). Instructions for filling in Standard Form 37 are stated on the form (see § 1-16.90137). (d) Procurements to be excluded from the report. Exclude from the report procurements: (1) Which are $100 or less. (2) By use of imprest funds (petty cash) and credit cards. (3) At stations or offices for which total annual transactions, of the types covered by this report, are less than $2,500. (4) From Federal sources of supply, such as: District of Columbia Government, Federal Prison Industries, Inc., Government Printing Office, General Services Administration (stores depots, fuel yard, consolidated and special purchasing service, repair shops and furniture rehabilitation service, and excess property). (5) From educational and nonprofit institutions. (6) Of blind-made products under the Act of June 25, 1938 (41 U.S.C. 46-48). (7) By activities outside the United States, and from foreign contractors. (8) Of transportation and public utilities services. (9) Of land and easements; leasing of space; acquisition of property by foreclosure. (10) Under the Defense Production Act of 1950, as amended. (11) For price support, grants to farmers, or stabilization; of agricultural commodities for transfer to foreign governments or for foreign aid, relief, or rehabilitation; and under section 6 of the Farm Credit Act of 1937, as amended (12 U.S.C. 6407). (e) Frequency and due date. Reports shall be prepared semiannually to cover the periods January 1 through June 30, and July 1 through December 31, of each year, and shall be submitted in an original only, within 30 workdays after the close of the period. Reports should be addressed to the General Services Administration, Office of Administration, Systems and Procedures Division, General Services Building, Washington 25, D.C. [26 F.R. 5793, June 29, 1961] Subpart 1-16.9-Illustrations of SOURCE: Forms 1-16.900 to 1-16.901-251 appear at 24 F.R. 4454, June 2, 1959, except as otherwise noted. § 1-16.900 Scope of subpart. This subpart contains illustrations of forms used in procurement. § 1-16.901 Standard forms. The standard forms are illustrated in this section to show their text, format, and arrangement and to provide a ready source of reference. The subsection numbers in this section correspond with the standard form numbers. Thus, in subsection 33 of this section 1-16.901 appears Standard Form 33. These forms may be inspected at General Services Administration regional offices and at most Government procurement activities, and, generally, are available for sale from the Superintendent of Documents, Government Printing Office, Washington 25, D.C. 74064 O-62-14 Page 189 OTHER (See to the above office on or before the close of business (date) Please furnish, quotations in Supplies are of origin unless otherwise indicated by quoter. The Government reserves the right to consider quotations or modifications thereof received after the date indicated should such action be in the interest of the Government. This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation or the submission of this quotation, or to procure or contract for supplies or services. ITEM NO L L SUPPLIES JR SERVICES ר J DESTINATION it onsignee and addres SPECIMEN Prices quoted include applicable Federal, state, and local taxes. 10 calendar days; 20 calendar days;. 30 calendar days, (1) That it is, is not, a small business concem. Generally, a small business concem for the purpose of Government procurement is a con-em that (1) is not dominant in its field of operation and, with its affiliates, employs fewer than 500 employees, or (2) is certified as a small business concern by the Small Business Administration. (See Code of Federal Regulations, Title 13, Pari 121, as amended, which contains the detailed definition and related procedures.) If quoter is a small business concem and is not the manufacturer of the supplies quoted on, it also represents that all supplies quoted on will, will not, be manufactured or prox uced by a small business concern in the United States, its Territories, its possessions, or the Commonwealth of Puerto Rico. § 1-16.901-19 Standard Form 19: Invitation, Bid, and Award (Construction, Alteration or Repair). Sealed envelopes containing bids shall be addressed to the Bid Receiving Office and shall be marked to show Bidders Name and Address, The undersigned agrees, if this bid is accepted within calendar days after date of opening, to complete all work specified in strict accord ance with the above-identified documents and the General Provisions on the reverse hereof, within calendar days after receipt of notice to proceed, for the following amount SPECIMEN 4 TYPE OR PRINT SIGNER S NAME AND TITLE SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID including all applicable Federal, State, and local taxes BIDDER REPRESENTS (Check appropriate boxes) 1 That he 13, is not, a small business concern For this purpose, n small business concern is one that (a) is independently owned and operated, (b) is not dominant in its field of operation, and (c) with affiliates, had average annual receipts for the preceding three (See Code of Federal Regulations, Title 13, Part 121, as amended, for additional information | individual, years of $5,000,000.00 or less. 2 That he operates as an partnership, orporation, incorporated in the State of (b) Page 2 of Standard Form 19. GENERAL PROVISIONS 1. CHANGES AND CHANGED CONDITIONS. (4) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract. (b) The Contractor shall, before proceed. ing further, notify the Contracting Officer in writing of subsurface or latent conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site. (c) If changes under (a) or conditions under (b) increase or decrease the cost of, or time required for, performing the work, upon assertion of a claim by the Contractor before final settlement of the contract, a written equitable adjustment shall be made; except that no adjustment under (b) shall be made unless the notice required therein was given or unless the Contracting Officer determines the facts justify its waiver. If the adjustment cannot be agreed upon, the dispute shall be decided pursuant to Clause 3. 2. TERMINATION FOR DEFAULT-DAMAGES FOR DELAY-TIME ExTENSIONS. (a) If the Contractor does not prosecute the work so as to insure completion, or fails to complete it, within the time specified, the Government may, by written notice to the Contractor, terminate his right to proceed. Thereafter, the Government may have the work completed and the Contractor shall be liable for any resulting excess cost to the Government. If the Government does not terminate the Contractor's right to proceed, he shall continue the work and shall be liable to the Government for any actual damages occasioned by such delay unless liquidated damages are stipulated. (b) The Contractor's right to proceed shall not be termi nated nor the Contractor charged with actual or liquidated damages under (a) above because of any delays in comple tion of the work due to causes other than normal weather, beyond his control and without his fault or negligence, including but not restricted to, acts of God, acts of the public enemy, acts of the Government (in either its sovereign or contractual capacity), acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors or suppliers due to causes beyond their control and without their fault or negligence: Provided. That the Contractor shall within 10 days from the beginning of any such delay, unless the Contracting Officer shall grant a further period of time prior to the date of final settlement of the contract, notify the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when in his judgment the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties hereto, subject only to appeal as provided in Clause 3 hereof. 3. DISPUTES. Any dispute concerning a question of fact arising under this contract, not disposed of by agreement, shall be decided by the Contracting Officer, who shall reduce his decision to writing and furnish a signed copy to the Contractor. Such decision shall be final and conclusive unless, within 30 days from the date of receipt thereof, the Contractor mails or otherwise furnishes to the Contracting Officer a written_ap. peal, addressed to the head of the Federal agency. The Contractor shall be afforded an opportunity to be heard and to offer evidence. The decision of the head of the Federal agency or his authorized representative, shall be final and conclusive unless fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. Pending final deci sion of a dispute hereunder, the Contractor, shall proceed diligently with the performance of the contract and in ac cordance with the Contracting Officer's decision. 4. RESPONSIBILITY OF CONTRACTOR. At his own expense the Contractor shall: (a) obtain all required licenses and permits; (b) provide competent superin. tendence; (c) take precautions necessary to protect persons or property against injury or damage and be responsible for any such injury or damage that occurs as a result of his fault or negligence; (d) perform the work without unneces sarily interfering with other contractors' work or Govern. ment activities; (e) be responsible for all damage to work performed and materials delivered (including Governmentfurnished items), until completion and final acceptance. 5. MATERIALS AND WORKMANSHIP. The work shall be under the general direction and subject to the inspection of the Contracting Officer or his duly au thorized representative who may require the Contractor to correct defective workmanship and materials without cost to the Government. 6. PAYMENTS. Progress payments equal to 90 percent of the value of work performed may be made monthly on estimates approved by the Contracting Officer. Upon payment therefor, title to the property shall vest in the Government. The Contractor will notify the Government when all work is complete. Final payment will be made after final acceptance. 7. OFFICIALS NOT TO BENEFIT. No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made wih a corporation for its general benefit. 8. BUY AMERICAN ACT. The Contractor, subcontractors, material men, and suppliers must comply with the Buy American Act of March 3, 1933 (41 U.S.C. 10a-10d) and Executive Order 10582 of Decem. ber 17, 1954 (19 Fed. Reg. 8723). (In substance the above require use of domestic materials except as otherwise authorized by the Act and Executive Order.) 9. NONDISCRIMINATION IN EMPLOYMENT. (a) In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: Employ. ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post here. after in conspicuous places, available for employees and ap plicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the nondiscrimination clause (b) The Contractor further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. 10. LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACES NOT IN EXCESS OF $2,000. (a) Eight-Hour Laus-Overtime Compensation. -The EightHour Laws (40 U.S.C. 321-326) are applicable to this contract. (In substance they provide that laborers and mechanics employed by the Contractor or his subcontractors shall be paid not less than time and a half for work in excess of 8 hours a day. Violations are punishable as prescribed in 40 U.S.C. 322-324.) (b) Nonrebate of Wages.-The Regulations issued by the Secretary of Labor (29 CFR, Part 3) pursuant to the AntiKickback Act, as amended (40 U.S.C. 276 (c), 18 U.S.C. 874), are applicable to this contract. (In substance they provide that no deductions may be made from wages except those required by law or permitted by the Regulations, that contractors and subcontractors shall preserve for 3 years after completion of the work payrolls which contain for each employee, his name, address, correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid, and shall submit weekly a statement of compliance, the form of which is stated in the Regulations.) (c) Subcontractors-Termination. -The Contractor agrees to insert paragraphs (a) and (b) immediately above in all sub. contracts. The term Contractor" as used in such paragraphs in any subcontract shall be deemed to refer to the subcontractor. Breach of the requirements of this Clause 10 may be grounds for the termination of this contract. 11. CONVICT LABOR. In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 1 DAVIS BACON ACT (40 U.S.C. 276a-a (7)) (a) All mechanics and laborers employed or working directly upon the site of the work will be paid uncon ditionally and not less often than once a week, and with out subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Copeland Act (Anti-Kickback) Regulations (29 CFR. Part 3)) the full amounts due at time of payment, com puted at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regard less of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and such laborers and mechanics; and a copy of the wage determination decision shall be kept posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. (b) In the event it is found by the Contracting Officer that any laborer or mechanic employed by the Contractor or any subcontractor directly on the site of the work covered by this contract has been or is being paid at a rate of wages less than the rate of wages required by para graph (a) of this clause, the Contracting Officer may (1) by written notice to the Government Prime Contractor terminate his right to proceed with the work, or such part of the work as to which there has been a failure to pay said required wages, and (2) prosecute the work to completion by contract or otherwise, whereupon such Contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. (c) Paragraphs (a) and (b) of this clause shall apply to this contract to the extent that it is (1) a prime-contract with the Government subject to the Davis-Bacon Act or (2) a subcontract under such prime contract. 2. EIGHT-HOUR LAWS-OVERTIME COMPENSATION No laborer or mechanic doing any part of the work contemplated by this contract, in the employ of the Con tractor or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day upon such work, except upon the condition that compen sation is paid to such laborer or n.echanic in accordance with the provisions of this clause. The wages of every laborer and mechanic employed by the Contractor or any subcontractor engaged in the performance of this contract shall be computed on a basic day rate of eight hours per day and work in excess of eight hours per day is permit ted only upon the condition that every such laborer and mechanic shall be compensated for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. For each violation of the requirements of this clause a penalty of five dollars shall be imposed for each laborer or mechanic for every calendar day in which such employee is required or per mitted to labor more than eight hours upon said work without receiving compensation computed in accordance with this clause, and all penalties thus imposed shall be withheld for the use and benefit of the Government: Prorided. That this stipulation shall be subject in all respects to the exceptions and provisions of the Eight-Hour Laws as set forth in 40 U.S.C. 321, 324, 325, 325a, and 326, which relate to hours of labor and compensation for overtime. 3. APPRENTICES Apprentices will be permitted to work only under a bona fide apprenticeship program registered with a State Apprenticeship Council which is recognized by the Federal Committee on Apprenticeship, US. Department of Labor; or if no such recognized Council exists in a State, under a program registered with the Bureau of Apprenticeship. US Department of Labor. 4. PAYROLL RECORDS AND PAYROLLS (a) Payroll records will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classifica tion, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The Contractor will make his employment records available for inspection by authorized representatives of the Contracting Officer and the US Department of Labor, and will permit such representatives to interview employees during working hours on the job. (b) A certified copy of all payrolls will be submitted weekly to the Contracting Officer. The Government Prime Contractor will be responsible for the submission of The certified copies of the payrolls of all subcontractors. certification will affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage de termination decision of the Secretary of Labor attached to this contract, and that the classifications set forth for each laborer or mechanic conform with the work he performed. 5. COPELAND (ANTI-KICKBACK ACT)-NONREBATE OF WAGES The regulations of the Secretary of Labor applicable to Contractors and subcontractors (29 CFR, Part 3), made pursuant to the Copeland Act, as amended (40 U.S.C. 276c) and to aid in the enforcement of the Anti-Kickback Act (18 U.S.C. 874) are made a part of this contract by reference. The Contractor will comply with these regulations and any amendments or modifications thereof and the Government Prime Contractor will be responsible for the submission of statements required of subcontractors thereunder. The foregoing shall apply except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions. 6. WITHHOLDING OF FUNDS TO ASSURE WAGE PAYMENT There may be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this contract. In the event of failure to pay any laborer or mechanic all or part of the wages required by this contract, the Contracting Officer may take such action as may be necessary to cause the suspension, until such violations have ceased, of any further payment, advance, or guarantee of funds to or for the Government Prime Contractor. 7. SUBCONTRACTS-TERMINATION The Contractor agrees to insert Clauses 1 through 7 hereof in all subcontracts and further agrees that a breach of any of the requirements of these clauses may be grounds for termination of this contract. The term "Contractor" as used in such clauses in any subcontract shall be deemed to refer to the subcontractor except in the phrase "Gov. ernment Prime Contractor." |