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(b) Page 2 of Standard Form 129.

$1-16.901–147 Standard Form 147: Order for Supplies (a) Page 1 of Standard Form 147.

INFORMATION AND INSTRUCTIONS

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Persons or concerns wishing to be added to a particular agency's bidder's mailing list for supplies or services shall filo to properly completed and certified Bidder's Mailing List Application, together with such other lists as may be attached to the applicar tion forin, with each procurement office of the Federal agency with which they desire to do business. If a Federal agency has a tached a supplemental Commodity List with instructions, complete the application as instructed. Otherwise, identity in Item : tiro equipment, supplies, and/or services on which you desire to bid. The application shall be submitted and signed by the pain cipal as distinguished from an agent, however constituted.

After placement on the bidder's mailing list of an agency, a supplier's failure to respond (submission of bid, or notico in wel Ing. that you are unable to bid on that particular transaction but wish to remain on the ective bidder's mailing list for that parties lar item) to Invitations for Bids will be understood by the agency to indicate lack of interest and concurrence in the removal of the supplier's name from the purchasing activity's bidder's mailing list for the items concerned.

CUCKOO MTA

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TYPE OF BUSINESS DEFINITIONS

(Sc. Item No. 9)

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A. MANUFACTURER OR PRODUCER means a person (or con.

cern) owning, operating, or maintaining a factory or estab. lishment that produces, on the premises, the materials, supplies, articles, or equipment of the general character of those listed in Item No. 8, or in the Federal Agency's supplemental Commodity List, if attached.

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B. REGULAR DEALER (Type 1) means a person (or concerpina

who owns, operates, or maintains a store, warehgirsen de other establishment in which the materials, upove, articles, or equipment of the general character ist No. 8 or in the Federal Agency's supplemente Calmindely List, if attached, are bought, kept toch anle seichtaths public in the usual course of busines

SUPPLIES OR SERVICES

DEFINITIONS RELATING TO SIZE

OF BUSINESS A. SMALL BUSINESS CONCERN. A small business concen

for the purpose of Government procurement is a concen including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is bidding on Government contracts and can further qualify under the çriteria concerning number of employees averige anlal rechipts, or other criteria, as prescribed by the palautidess Administration. (See Code of Federal Regulations. The 13 Part 121, as amended, which contains detailed in herstel definitions and related procedures.) ALELES. Business concerns are affiliates of each other when either directly or indirectly (1) one concern controla er has the power to control the other, or (1), a third party con trols or has the power to control both. In determining whether concerns are independently owned and operated and whether or not affiliation exists, consideration is in to all appropriate factors including common ownership, con mon management, and contractual relationship. (See Items

Nos. 6 and 10.) C. NUMBER OF EMPLOYEES. In connection with the deter

mination of small business status, "number of employees" means the average employment of any concern, including the employees of its domestic and foreign affiliates, based on the number of persons employed on a full-time, pert-time, temporary, or any other basis during the pay period ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. If a concern has not been in existence for four full calendar quarters, "Aft ber of employees" means the average employment of such concern and its affiliates during the period such concern has been in existence based on the number of persons employed during the pay period ending nearest the last day of each month. (See Item No. 10.)

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C. REGULAR DEALER (Type 2) in the case of supplies of par.

ticular kinds (at present, petroleum, lumber and timber products, machine tools, raw cotton, green coffee, 'hay, grain, feed, or straw, agricultural liming materials, tea, raw or unmanufactured cotton linters). "REGULAR DEALER" means a person (or concern) satisfying the requirements of the regulations (Code of Federal Regulations, Title 41, 50201.101(b)) as amended from time to time, prescribed by the Secretary of Labor under the Walsh-Healey Public Con. tracts Act (Title 41 U.S. Code 35-45). For coal dealers, ses Code of Federal Regulations, Title 41, 50–201.604(a).

SPECIME

D. SERVICE ESTABLISHMENT means a concern (or person)

which owns, operates, or maintains any type of business which is principally engaged in the furnishing of nonpersonal services, such as (but not limited to) repairing. cleaning, redecorating, or rental of personal property, including the furnishing of necessary repair parts or other supplies as part of the services performed,

E CONSTRUCTION CONCERN means a concern (or person)

engaged in construction, alteration or repair (including drodging, excavating, and painting) of buildings, structures or other real property.

COMMERCE BUSINESS DAILY The Commerce Business Daily, published by the Department of Commerce, contains information concerning proposed pro curements, sales, and contract awards. For further informa tion concerning this publication, contact your local commor Field Office.

SEE BILLING INSTRUCTIONS ON REVERSE

U.S. GOVERNMENT PRINTING OFFICE: 14-0-205-151 door

(31 FR 5199, Mar. 31, 1966)

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$ 1-16.901–147

Title 41

Public Contracts, Property Management

(b) Page 3 of Standard Form 147.

TERMS AND CONDITIONS OF PURCHASE ORDER

5. POREIGN S.PPLIES.--This contract is subject to the Duy American Act (41 U.S.C. 10 a-d) as implemented by Executive Order 10582 of December 17. 1954, and any restrictions in appropriation acts on the procurement of foreign supplies.

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2. VARIATION IN QUANTITY.-No variation in the quantity of 6. CONVICT LABOR.-The Contractor agrees not to employ for any Item called for by this contract will be accepted unless such work under this contract any person undergoing sentence of imvariation has been caused by conditions of loading, shipping, or prisonment at hard labor. Packing, or allowances in manufacturing processes, and then only to the extent, if any, specifed elsewhere in this contract.

7. OFFICIALS NOT TO BENEFIT.-No Member of or Delegate to

Congress or resident commissioner, shall be admitted to any share 3. DISCOUNTS.-Discount time will be computed from date of or part of this contract, or to any benefit that may arise therefrom: dellvery at place of acceptance or from receipt of correct invoice at but this provision shall not be construed to extend to this contract the once specified by the Government, whichever is later. Payment 11 made with corporation for its general benest. la made, for discount purposes, when check is malled.

8. COVENANT AGAINST CONTINGENT FEES.-The Contractor 4. DISPUTES.-(a) Except us otherwise provided in this contract, warrants that no person or selling agency has been employed a any dispute concerning a question of fact arising under this contract retained to solicit or secure this contract upon any agreement or which is not disposed of by agreement shall be decided by the Con understanding for a commission, percentage, brokerage, or cortracting omcer, who shall mall or otherwise furnish a copy thereof tingent fees, excepting bona fide employees or bona fide established to the Contractor. This decision shall be final and conclusive

commercial or selling agencies maintained by the Contractor for the unless, within 30 days from the date of receipt of such copy, the

purpose of securing business. For breach or violation of this was Contractor malls or otherwise furnishes to the Contracting omcer

ranty the Government shall have the right to annul this contract written appeal addressed to the Head of the Agency. The decision without liability or in its discretion to deduct from the contract of the Head of the Agency or his duly authorized representative for price or consideration, or otherwise recover, the full amount of such the determination of such appeals shall be Anal and conclusive commission, percentage, brokerage, or contingent fee. unless determined to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not 9. FEDERAL, STATE, AND LOCAL TAXES.-Except as may be supported by substantial evidence. The Contractor shall be afforded otherwise provided in this contract, the contract price includes all an opportunity to be heard and to offer evidence in support of his applicable Federn State, and local taxes and duties in efect on the appeal. Pending Anal decision of a dispute hereunder, the Con date of thioned but does not include any taxes from which the tractor shall proceed diligently with the performance of the contract Governer the toptractor or this transaction is ezempt. Upon and in accordance with the Contracting oficer's decision. (b) This Robes bradentractor, the Government shall furnish tax "Disputes" clause does not preclude consideration of law questions exaptikorticle dr similar evidence of exemption with respect In connection with decisions provided for in (a) above; prova to soon held included in the contract price pursuant to this that nothing in this contract shall be construed as making me

Brisel ple purpose of this clause, the term "date of this condecision of any administrative omcial, representative or board bol hadheans the date of the contractor's quotation or, no quota question of law.

gde, the date of this purchase order.

ENTS AND BILLING INSTRUCTIONS Involces shall be submitted in the ORIGIDopy unless otherwise specified, and shall contain the following Information: contract us ber (11 any). order number. Item number (s), desorption of supplles or services, sizes, quantities, unit prices, and extended totals. Bm lading number and welght of shipment will be shown for shipments on Government bills of lading. If prepaid parcel post charges are billed. the gross weight and shipping point must be shown.

NOTE: If desired, this order (or a copy thereof) may be used by the Contractor w his involoe, In lieu of separate Involce, provided the following statement, (signed and dated) is entered on (or attached to) the order: "Payment is requested in the amount of ....... No other Invoice will be submitted." When several orders are to be lo volced to an ordering activity during the same billing period, corallsdated periodic bulings are encouraged.

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§ 1-16.901–148 Standard Form 148: Continuation Sheet for Standard Form 147.

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$ 1-16.901–252 Standard Form 252: Architect-Engineer Fixed-Price Contrado

(6) Page 2 of Standard Form 252. (a) Page 1 of Standard Form 252.

10. The United States of America (hereinafter called the Government) represented

this contrat and the Architect Engineer agree to perform this contract in strict ac ARCHITECT-ENGINEER

(Standard Form 233) and the documents identified as follows, all of which are FIXED-PRICE CONTRACT NAME AND ADDRESS NICHITECT-ENGINEER

1. CONTACT NO.

STANDARD FORM 232

AUGUST 1970 EDITION GENERA SERVICES ADMINSTRATION PED POC REG * C -16.101

352-01

2. DAR O CONTRACT

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