PROCUREMENT FORMS A contract in the usual form, dated and numbered as set forth above, incorporating all the terms and conditions of the contract hereby created is being prepared and will be forwarded to you in the near future. This contract is authorized by and has been negotiated pursuant to 10 U.S.C. 2304(a)( ). UNITED STATES OF AMERICA By:............. (Name) Contracting Officer (4) Standard Form 32 and NASA Form 250 (Additional General Provisions to U.S. Standard Form 32), if applicable, may be attached to each of the Solicitation, Offer, and Award (Standard Form 33). Alternatively, only one copy of Standard Form 32 and NASA Form 250 need be furnished to each supplier for retention, if such provisions are specifically incorporated by reference in the Schedule including each form name, number and date. Provisions which are inapplicable to a particular procurement generally may be deleted by appropriate reference under the Alterations in Contract clause. (5) When a cost breakdown is required in connection with an offer, DD Form 633 (NASA Edition) shall be used to the extent provided in 16.202. (6) This paragraph 16.102-3(b) does not preclude the use of the purchase order forms prescribed in Part 16, Subpart 3. (7) When it is necessary to issue an amendment to a solicitation for offers, Standard Form 30 shall be used. 16.103 Amendment (Standard Form 30). of Solicitation/Modification of Contract (a) General. This paragraph prescribes a single form for (i) amendment of solicitations (whether advertised or negotiated), and (ii) modification of contracts (including purchase and delivery orders entered into on Standard Form 147 and NASA Form 1379). NASA Form 1379B may be used under the circumstances set forth in 3.608-4. Use of Standard Form 30 is also required for amendment of solicitation for the procurement of construction. (b) Conditions for Use. This form shall be used for: (i) any amendment to a solicitation; (ii) any change order issued pursuant to the Changes clause of a contract; (iii) any other unilateral contract modification (see 1.205), except notices of termination (see 16.701), issued pursuant to a contract provision authorizing such modification without the consent of the contractor; (iv) administrative changes such as the correction of typographical mistakes, changes in the paying office and changes in accounting and appropriation data; and (v) supplemental agreements as defined in 1.232. (c) Continuation of Amendments/Modifications. Standard Form 36 or a blank sheet of paper may be used for continuation of amendments/modifications (see 16.101-2(d)). (d) Modification of Construction Contracts. When used to modify a contract for construction, Standard Form 30 may be altered to provide for the contractor's written acknowledgment of the change orders. (See 16.815 for instructions relative to modifying a contract for construction.) 16.103 CFR TITLE 41 CHAPTER 18 ADVERTISED AND NEGOTIATED CONTRACTS 16.104 Instructions for Preparation of Forms for Advertised and Negotiated Supply and Services Contracts (Standard Forms 33, 26, and 30). 16.104-1 Solicitation, Offer, and Award (Standard Form 33). Instructions for block entries requiring clarification are as follows: Block No............. Title and/or Instructions 2. Solicitation No. For Small Business Restricted Advertising and other types of restricted advertising, the box "Advertised (IFB)" shall be checked. 25..... Although Small Business Restricted Advertising and other types of restricted advertising are to be treated as advertised procurements for the purpose of classification in block 2, such procurements are negotiated procurements (see 1.706-2), and require the insertion of the appropriate negotiation authority in Block 25. 16.104-2 Award/Contract (Standard Form 26). Instructions for block entries requiring clarification are as follows: 9. Discount for Prompt Payment ..... Percentages will be expressed in whole numbers and decimals; e.g., 3.25%-10 days 0.50%-20 days. 11. Ship To/Mark For-Multiple delivery points shall be shown in the Schedule and this block annotated to that effect. 16. Supplies/Services..... When used as an acceptance, only the Item numbers of the solicitation need be set forth in the Schedule portion. Any modification made by the offeror to a solicitation which is accepted by the Government will be set forth in the Schedule. 22.... If the form is being used as a negotiated bilateral contract pursuant to receipt of quotations on Request for Quotations (Standard Form 18) or informal means, and subsequent negotiations, if any, the box shall be checked and contractor shall be required to sign this document and return the prescribed number of copies to the issuing office. 26. If this form is being used as an acceptance (award) pursuant to receipt of a firm offer on Solicitation, Offer, and Award (Standard Form 33), the box shall be checked and contractor will not be required to sign this document. 16.104-3 Amendment of Solicitation/Modification of Contract (Standard Form 30). Instructions for block entries requiring clarification are as follows: 1 Amendment/Modification No.-Amendment to each solicitation shall be numbered consecutively. Modifications to definitive contracts and letter contracts shall be numbered in accordance with 50.302-5 and 50.3026(b), respectively. 13. If the modification is a Change Order (11(a)) or Administrative Change (11(b)), the first box in this block shall be checked and contractor's signature will not be required. If the modification is a Supplemental Agreement (11(c)), the contractor's signature will be required, the second box shall be checked and the number of copies to be returned to issuing office shall be inserted. 17. Contracting Officer's signature is not required when amending a solicitation. NASA PROCUREMENT REGULATION 16.104-3 Subpart 2-Additional Forms for Negotiated Procurements 16.200 Scope of Subpart. This Subpart prescribes additional forms for use where appropriate in conjunction with negotiated procurements for supplies or services. 16.201 Negotiated Contract Forms. The forms described below are authorized for use in negotiated procurements. Istructions for their use are set forth below: 16.201-1 Contracts Not in Excess of $10,000 (NASA Form 1379, Standard Forms 44 and 147). (a) For negotiated purchases not in excess of $10,000, NASA Form 1379, Standard Forms 44 or 147 may be used as covered in the instructions in Part 3, Subpart 6. (b) Standard Form 44 (Purchase Order-Invoice-Voucher) is a small purchases form for transactions not in excess of $10,000 and is authorized for use in accordance with the instructions and limitations set forth in 3.608-9. It is especially useful in over-the-counter transactions, purchases at isolated activities and purchases away from the procurement office. (See 16.302.) (c) Standard Form 147 (Order for Supplies or Services) is designed primarily for use when single delivery payment transactions involve amounts not in excess of $10,000 are contemplated. (See Part 3, Subpart 6.) Standard Form 148 (Order for Supplies or Services Continuation Sheet) is authorized for use as required. 16.201-2 Proposal and Acceptance. NASA Form 1379 will be used normally in negotiated supply contracts for standard or commercial type items. 16.201-3 General Provisions-Cost-Reimbursement Supply Contracts (NASA Form 418). The General Provisions contained in NASA Form 418 shall be used in all cost-reimbursement supply contracts, together with Standard Form 26 (Award/Contract) (see 16.102-2(d).) 16.201-4 General Provisions-Fixed-Price Research and Development Contracts (NASA Form 247). Except when NASA Form 246 is used, NASA Form 247 shall be used in all fixed-price research and development contracts, together with Standard Form 26 (Award/Contract). 16.201-5 General Provisions-Fixed-Price Research Contracts With Nonprofit Institutions-Short Form (NASA Form 246). The General Provisions contained in NASA Form 246 are authorized for use in fixedprice contracts for basic or applied research with nonprofit institutions of higher education, or with nonprofit institutions whose primary purpose is the conduct of scientific research, when a short form is desired. Additional clauses may be added to or substituted for the clauses contained in NASA Form 246 in accordance with 7.350-19. Standard Form 26 (Award/Contract) used with NASA Form 246. 16.201-6 General Provisions-Cost-Reimbursement Research and Development Contracts (NASA Form 417). Except when NASA Form 419 is used pursuant to 16.201-7, NASA Form 417 shall be used in costreimbursement type research and development contracts. Standard Form 26 (Award/Contract) shall be used with NASA Form 417. 16.201-7 General Provisions-Cost-Reimbursement Research and Development Contracts With Educational or Nonprofit Institutions (NASA Form 419). NASA Form 419 shall be used in cost-reimbursement type research and development contracts with educational or nonprofit institutions which involve no fee or profit, together with either Standard Form 26 (Award/Contract). NASA PROCUREMENT REGULATION 16.201-7 PROCUREMENT FORMS 16.201-8 General Provisions-Facilities Contracts (NASA Form 746, 747, and 748). (a) NASA Form 746 (General Provisions for Cost-Reimbursement Facilities Acquisition Contract) shall be used for the acquisition by the contractor on a cost-reimbursement basis of facilities for the account of the Government (see 13.303-50 and 13.303-51). (b) NASA Form 747 (General Provisions for Facilities Use Contract) provides for the use by the contractor of Government-owned facilities in those instances where no direct Government funding is applied (see 13.303-50 and 13.303-51). (c) NASA Form 748 (General Provisions for Cost-Reimbursement Consolidated Facilities Contract) shall be used as a combination of both the acquisition and use of facilities (see 13.402 and 13.303-50 and 13.303-51). 16.201-9 General Provisions-Time and Material and Labor Hour Contracts. The general provisions contained in NASA Form 1334 shall be used in all time and material and labor hour contracts together with Standard Form 26 (Award/Contract). 16.202 Contract Pricing Proposal Forms. 16.202-1 General. (a) DD Forms 633, (NASA Edition) or the appropriate one or more of the forms set forth in 16.206-2 shall be used except for negotiated final overhead rates whenever cost or pricing data (see 3.807-3(g)) is required pursuant to 3.807, in connection with the pricing of contracts, subcontracts, and changes or modifications to contracts and subcontracts; or, in accordance with 3.807-3(i) whenever exemption from such requirements for contracts or subcontracts is claimed by reason of established catalog or market price (see 3.807-1(b)(2)) or price set by law or regulation; provided, however, that the "Cost Elements" and estimates in DD Forms 633-1 through 633-6 may be presented in a different format acceptable to the contracting officer, where the contractor's or subcontractor's accounting system makes the use of the prescribed format impracticable or when required for a more effective and efficient presentation of cost or pricing information, and provided furtherthat in such cases a signed DD Form 633 or one of the special forms set forth in 16.202-2 is required to be submitted and fully accomplished as to all items except that the "Cost Elements" and the "Proposed Contract Estimate" may be accomplished by making reference to the contractor's format. (b) DD Form 783 (Royalty Report (Foreign and Domestic)) is approved for use as the separate schedule required by footnote 14 of DD Form 633, footnote 5 of DD Form 633-3, footnote 4 of DD Form 633-4 and footnote 18 of DD Form 633-5. 16.202-2 Special Forms. The following forms may be used as appropriate: (i) DD Form 633-1 (Contract Pricing Proposal (Technical Services)), (ii) DD Form 633-2 (Contract Pricing Proposal (Technical Publications)), (iii) DD Form 633-3 (Contract Pricing Proposal (Motion Pictures)), (iv) DD Form 633-4 (Contract Pricing Proposal (Research and Development)), (v) DD Form 633-5 (Contract Pricing Proposal (Change Orders)), (vi) DD Form 633-6 (Contract Pricing Proposal-Price Redetermination (Including Final Pricing)), and (vii) DD Form 633-7 (Claim For Exemption From Certified Cost or Pricing Data). 16.201-8 CFR TITLE 41 CHAPTER 18 ADDITIONAL FORMS FOR NEGOTIATED PROCUREMENTS 16.202-3 Contract Pricing Proposal Supporting Schedules may be devised by the contracting officer to require such supporting data to the foregoing forms as is considered necessary and reasonable through knowledge of industry; company or commodity practices. 16.202-4 Contract Facilities Capital and Cost of Money. The DD Form 1861 shall be used, in accordance with Part 3, Subpart 13, to compute the cost of money for facilities capital employed on a specific contract. Completion of Lines 7 and 8 is optional for NASA contracts. 16.203 [Reserved] 16.204 Justification for Negotiation (NASA Form 543). NASA Form 543 shall be submitted with proposed determination and findings when a determination is required to be made at NASA Headquarters (see 3.306 1). NASA PROCUREMENT REGULATION 16.204 |