Sec.

12-18.203-52 Inquiries from bidders.

Subpart 12-18.3-Negotiations

12-18.301 Limitation on authority to negotiate contracts.

12-18.301-50 Coast Guard negotiation citations.

AUTHORITY: Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314.

SOURCE: 42 FR 45256, Sept. 8, 1977, unless otherwise noted.

Subpart 12-18.1-General Provisions

§ 12-18.108 Government estimate.

After all bids have been read and recorded, the Government estimate shall, when required to be prepared in accordance with FPR 1-18.108, be read and recorded in the same detail as the invitation for bids. If the procurement is by negotiation, cost breakdown figures in the Government estimate may be disclosed during negotiations but only to the extent deemed necessary for arriving at a fair and reasonable price: Provided, That the overall amount of the Government estimate is not disclosed.

§ 12-18.109 Disclosure of size of construction projects.

For purposes of disclosing the size of construction projects, the estimated cost thereof shall be stated in ranges, such as the following:

Under $25,000.

Between $25,000 and $100,000. Between $100,000 and $250,000. Between $250,000 and $500,000. Between $500,000 and $1,000,000. Between $1,000,000 and $2,500,000. Between $2,500,000 and $5,000,000. Between $5,000,000 and $10,000,000. Over $10,000,000.

§ 12-18.110 Liquidated damages.

Liquidated damages provisions are generally appropriate in construction contracts in accordance with the provisions of FPR 1-1.315-2(a). However, inclusion of liquidated damages provisions may be inappropriate in situations such as a construction contract consisting of repairs, alteration or improvements, where any delay in the completion would still permit the user

§ 12-26.450 Processing novation agreements and change of name agreements. (a) When only one Administration or the Office of the Secretary of Transportation has outstanding contracts with the contractor or contractors seeking a novation or change of name agreement, the documents pertaining thereto shall be forwarded to the appropriate addressee in (b) below. This addressee may authorize the procuring activity of its Administration (or OST) having the largest unsettled (unbilled plus billed but unpaid) dollar balance with the contractor or contractors to process and execute the agreement.

(b) When more than one Administration (including OST) has outstanding contracts with the contractor or contractors seeking a novation or change of name agreement, a single agreement covering all such contracts shall be executed by the Administration having the largest unsettled (Unbilled plus billed but unpaid) dollar balance with the contractor or contractors. Such agreements shall be ex

ecuted by a duly authorized official of the appropriate office listed herein. Federal Aviation Administration, Director, Logistics

Service, 800 Independence Avenue SW., Washington, D.C. 20591. Federal Highway Administration, Office of Associate Administrator for Administration, 400 7th Street SW., Washington, D.C. 20590.

U.S. Coast Guard, Commandant (G-F), 400 7th Street SW., Washington, D.C. 20590. Federal Railroad Administration, Office of Associate Administrator for Administration, 400 7th Street SW, Washington, D.C. 20590.

St. Lawrence Seaway Development Corporation, Administrative Services Officer, 800 Independence Avenue SW., Washington, D.C. 20591.

Office of the Secretary of Transportation, Director of Administrative Operations, 400 7th Street SW., Washington, D.C. 20590.

Transportation Systems Center, Office of Administration, Kendall Square, Cambridge, Mass. 02142.

Urban Mass Transportation Administration, Director, office of Procurement and Third Party Review, 400 7th Street SW., Washington, D.C. 20590.

National Highway Traffic Safety Administration, Office of Associate Administrator for Administration, 400 7th Street SW., Washington, D.C. 20590.

(c) The Administration processing a proposed novation agreement shall promptly provide notice of the proposed agreement, including the list of contracts as required by FPR 126.402(c)(2) to the other Administrations (and OST, if applicable) having contracts with the contractor or contractors concerned. Such notice shall be transmitted to the appropriate addressee listed in (b) above. Within 30 days after receipt of such notice, the Administration(s) may submit comments to the processing Administration, which comments shall be considered prior to execution of the proposed agreement. The absence of comment from an administration within 30 days after its receipt of notice of a proposed novation agreement shall be construed as approval by that Administration. When only a single Administration is concerned, the procuring activity processing a proposed novation agreement shall give similar notice of it to all other interested procuring activities in that Administration.

(d) Where substantial alterations or additions to the formats set forth in FPR 1-26.402 and FPR 1-26.403 are considered appropriate by the Administration processing the proposed agreement, that Administration shall coordinate the agreement with the other Administrations prior to execution. Any objection shall be resolved before the agreement is executed.

(e) A signed copy of the executed novation agreement or change of name agreement shall be forwarded to the contractor, a signed copy shall be retained in the Administration executing the agreement, and where more than one Administration is involved, two copies of the agreement shall be distributed to the appropriate addressee listed in DOTPR 12-26.450(b).

(f) After execution and distribution of an agreement, an administrative change (Standard Form 30) shall be prepared by the processing activity incorporating a summary of the agreement and attaching thereto a complete list of the contracts affected. For single Administration agreements,

three copies of the Standard Form 30 shall be furnished for each contract to the procuring activities concerned, and for multi-Administration agreements, to the appropriate addressee listed in DOTPR 12-26.450(b).

(Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314)

[42 FR 45256, Sept. 8, 1977]

the relative importance of the duties to be performed, the stature of the individual in his or her specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, or rates previously paid other experts or consultants for similar work. Compensation at a per diem rate will be no more than that permitted by statutory authority. In addition, the contract may provide for such expenses as would be authorized for a Government employee, including actual transportation and per diem in lieu of subsistence while the expert or consultant is traveling between home or place of business and official duty station. However, no more than one rount trip to the official duty station shall be provided unless the services are rendered on an intermittent basis.

12-50.302-2 Benefits.

No benefits shall be accorded the contractor which are not specifically provided for in the written contract.

12-50.302-3 Taxes.

Where the individual is to render services, the compensation generally is subject to FICA (Social Security), FUTA (Unemployment Compensa

tion), and Federal income withholding taxes. It may also be necessary to report or withhold State income tax under 5 U.S.C. 5517. The contracting officer shall take appropriate steps in coordination with the cognizant personnel office to have deductions and reports made where required by law.

12-50.302-4 Conflict of interest.

The contracting officer shall assure that individual experts or consultants who are torender services under contract have complied with appropriate conflict of interest regulations. 12-50.302-5 Administrative treatment.

Individual experts or consultants who are to render personal services under contract are charged against personnel ceilings in the same way as experts and consultants employed by excepted appointments. Also, the cognizant personnel office must maintain certain records on individual experts and consultants who render personal services. Therefore, the contracting of

ficer shall effect necessary coordination with the cognizant personnel office before award of a contract for expert or consultant services, and may also designate the appropriate personnel officer as his representative for the purpose of obtaining necessary data from the contractor for tax withholding purposes, for suitability investigation under Executive Order 10450, and for administering applicable conflict of interest provisions.

12-50.303 Contracts with firms for expert or consultant services.

Contracts with firms for expert or consultant services ordinarily need deal only with rights and obligations as between the Government and the firm, and need not deal with the question of compensation by the firm of the individuals it assigns to the work or with any other rights or obligations as between the firm and these individuals.

12-50.304 Contracts for stenographic reporting services.

Stenographic reporting services normally are provided by Federal Government employees appointed under the usual civil service procedures. However, these services may be procured by contract from individuals or firms pursuant to 5 U.S.C. 3109, or other statutory authority where there are variable requirements or insufficient qualified personnel, and necessity or economy to the Government demands procurement by contract. Such contracts normally shall be written on an end-product basis and payment made according to delivered items (e.g., number of copies of transcript, words per page, etc.), and the contractor ordinarily shall be required to furnish the necessary material (typewriter, paper, bindings, etc.). These contracts are subject ot all provisions of this subpart.

12-50.305 Modification of contracts.

When supplemental agreements or change orders are required which substantially change the basis upon which the justification was made, such as to revise substantially the scope of work or time limitations, or to apply