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to report any articles which such Department desires to be listed in the Federal Standard Stock Catalog.*+ [Sec. 2, subdivision B]
10.14 Federal Standard Stock Catalog to govern departments. After approval by the Director of Procurement, the sections of the Catalog shall be binding upon and govern all executive departments, and the catalog nomenclature, description, classification, and stock numbers shall be used in all interdepartmental papers and correspondence pertaining to items of supply, and intradepartmental work as soon as may be practicable.** *[Sec. 3, subdivision B]
10.15 Federal Standard Stock Catalog; publication. The Federal Standard Stock Catalog shall continue to be published, distributed, and financed in accordance with existing law (Act approved Mar. 2, 1929, ch. 483, 45 Stat. 1461).*+ [Sec. 4, subdivision B]
10.16 Amendments to regulations. The regulations in this part and $S 11.1 to 11.3, 13.1 to 13.4, 20.1 to 20.7, 30.1 to 30.4, 33.1 to 33.3, may be amended by the Director of Procurement with the approval of the Secretary of the Treasury. Such amendments shall be promulgated by the Director of Procurement.*+ [Sec. 12, subdivision A)
10.17 Authority of Director of Procurement subject to approval of Secretary. The authority of the Director of Procurement under the regulations in this part and under $8 11.1 to 11.3, 13.1 to 13.4, 20.1 to 20.7, 30.1 to 30.4, 33.1 to 33.3, shall, in all instances, be exercised subject to the approval of the Secretary of the Treasury.*+ [Sec. 13, subdivision A)
PART 11-STANDARD CONTRACT PROCEDURE 1
Sec. 11.1 Contract procedure and standardi. 11.3 Required use of approved forms; zation.
deviations. 11.2 Departments; representatives for
advice. Section 11.1 Contract procedure and standardization. Under the general direction of the Director of Procurement, the Assistant Director shall:
Determine general policies pertaining to contract procedure. (b) Standardize, wherever deemed advisable, the forms used in executing contracts.
(c) Act upon requests of Executive Departments to deviate from the standard forms.****
**88 11.1 to 11.3, inclusive, issued under the authority contained in sec. 1, Executive Order 6166, June 10, 1933 (88 1.1, 1.2, 1.4 of this title).
ttin 88 11.1 to 11.3, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in subdivision D, Regulations governing the operation of the Branch of Supply, Procurement Division, Treasury Department, approved by the President, Apr. 12, 1935.
11.2 Departments; representatives for advice. The head of each Executive Department will be requested to designate a representative of his Department to advise with the Director of Procurement with reference to the above matters ($ 11.1).****
* Sections 11.1 to 11.3 are subject to the provisions of 88 10.16, 10.17. *For statutory citation, see note to 8 10.1. † For source citation, see note to $ 10.12.
Page 5 THE UNITED STATES OF AMERICA 1. This Lease, made and entered into this day of
11.3 Required use of approved forms; deviations. The forms so standardized shall, after approval by the Secretary of the Treasury, be used by all Executive
Departments, except where deviations have been authorized by the Director of Procurement with the approval of the Secretary of the Treasury; Provided, That the Director of Procurement may authorize without the approval of the Secretary of the Treasury, deviations from the forms so standardized in any case involving not in excess of $5,000.**
PART 12-STANDARD FORMS OF CONTRACT
Sec. 12.2 Lease.
12.25-A Payment bond; construction, 12.22 Standard instructions to 12.32 Supply contract; formal. bidders.
12.33 Short form contract. 12.23 Construction contract.
12.34 Annual bid bond. 12.24 Bid bond.
12.35 Annual performance bond; 12.25 Performance bond; construc
supplies. tion or supply.
12,40 Telephone service contract,
CROSS REFERENCE Surety companies doing business with the Government, acceptable on Federal
bonds: See Money and Finance: Treasury, 31 CFR Parts 221-226. Section 12.2 Lease.
U. S. Standard Form No. 2 (Revised) Approved by the Secretary of the Treasury May 6, 1935
in the year one thousand nine hundred and
by and between whose address is
for hears, executors, administrators, successors, and assigns, hereinafter called the Lessor, and the United States of America, hereinafter called the Government:
Witnesseth: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows:
2. The Lessor hereby leases to the Government the following described premises, viz:
to be used exclusively for the following purposes (see instruction No. 3) :
3. To have and to hold the said premises with their appurtenances for the term beginning
and ending with 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said premises by anyone other than the Government, such sublessee, and the agents and servants of the Government, or of such sublessee.
5. This lease may, at the option of the Government, be renewed from year to year at a rental of
and otherwise upon the terms and conditions herein specified, provided notice
**For statutory and source citations, see note to $ 11.1.
be given in writing to the Lessor at least
days before this lease or any renewal thereof would otherwise expire: Provided that no renewal thereof shall extend the period of occupancy of the premises beyond the day of
6. The Lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following:
7. The Government shall pay the Lessor for the premises rent at the following rate:
Payment shall be made at the end of each
8. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located) ; which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Lessor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Government has no control, excepted : Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government
days before the termination of the lease. 9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and tenantable condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto.
10. If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, either party may terminate the lease by giving written notice to the other within fifteen days thereafter, and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage.
11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company.
In witness whereof, the parties hereto have hereunto subscribed their names as of the date first above written.
In presence of:
UNITED STATES OF AMERICA, By.
(Official title) (If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary). I,
certify that I am the Secretary of the corporation named as Lessor in the attached lease; that
who signed said lease on behalf of the Lessor, was then
of said corporation; that said lease was
Page 7 (g) When executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws, customs, or practices.
duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.
INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
1. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented premises by the Government shall not exceed 25 per centum of the amount of the rent for the first year of the rental term or for the rental term if less than 1 year.
2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1.
3. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of paragraph 2 of the lease should specify only the general nature of the use, that is "office quarters", "storage space”, etc.
4. Whenever the lease is executed by an attorney, agent, or trustee on bebalf of the lessor, two authenticated copies of his power of attorney, or other evi. dence to act on behalf of the lessor, shall accompany the lease.
5. When the lessor is a partnership, the names of the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the
6. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Govern. ment, evidence of his authority so to act shall be furnished.
7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc.
8. There shall be no deviation from this form without prior authorization by the Director of Procurement, except
(a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a year.
(b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year” shall be deleted and proper substitution made. If the right of renewal is not desired or cannot be secured paragraph 5 may be deleted.
(c) Paragraph 6 may be deleted if the owner is not to furnish additional facilities.
(a) Paragraph 9 provides that the lessor shall, "unless herein specified to the contrary, maintain the said premises in good repair, etc.” A modification or elimination of this requirement would not therefore be a deviation.
(e) If the premises are suitable without alterations, etc., paragraph 8 may be deleted.
(f) In case the premises consist of unimproved land, paragraph 10 may be deleted.
(h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but to permit only the lessor so to terminate would be a deviation requiring approval as above provided.
9. When deletions or other alterations are permitted specific notation thereof shall be entered in the blank space following paragraph 11 before signing.
10. If the property leased is located in a State requiring the recording of leases in order to protect the tenant's rights, care should be taken to comply with all such statutory requirements.
*88 12.2 to 12.40, inclusive, issued under the authority contained in sec. 1, Executive Order 6166, June 10, 1933 (88 1.1, 1.2, 1.4 of this title).
12.22 Standard instructions to bidders.
Nov. 19, 1926
STANDARD GOVERNMENT INSTRUCTIONS TO BIDDERS
(Construction and Supplies) 1. Preparation of bids. Unless otherwise directed in the invitation, bids shall be submitted in triplicate. Forms furnished, or copies thereof, shall be used, and strict compliance is necessary with the requirements of the invitation, these instructions, and the instructions printed on the forms. Special care should be exercised in the preparation of bids. Bidders must make their own estimates of the facilities and difficulties attending the execution of the proposed contract, including local conditions, uncertainty of weather, and all other contingencies. All designations and prices shall be fully and clearly set forth. Copies of the bids shall be identical. The proper blank spaces in the bid and guaranty forms shall be suitably filled in.
2. Labor and material not to be furnished by the Government. The Govern. ment will not furnish any labor, material, or supplies unless specifically provided for in the contract.
3. Signature to bids. Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The names of all persons signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "presi. dent," "secretary," "agent,” or other designation, without disclosing his prin. cipal, may be held to be the bid of the individual signing. When requested by the Government, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.
4. Bids for all or part. Where bids are not qualified by specific limitations, the Government reserves the right of awarding all or any of the items according to its best interests. Unless otherwise required in the specifications. bids for supplies shall be submitted in accordance with the numbered item or items given in the schedule.
5. Alternative bids. Alternative bids will not be considered unless called for. 6. Specifications and schedules. The specifications, schedules, and drawings which form the basis of any bid will be considered as a part thereof and will form a part of the contract. Copies of these papers, together with a copy of the standard contract form, including authorized additions or deletions, if any, will be furnished to or made available for the inspection of bidders by the office indicated in the advertisement or invitation.
7. Corrections. Erasures or other changes in the bids must be explained or noted over the signature of the bidder.
8. Guaranty. Where security is required to insure the execution of contract and bond for performance of the service, no bid will be considered unless it is so guaranteed. The bidder, at his option, may furnish a guaranty bond, a certified check, or deposit, in accordance with Treasury Department regulations, United States bonds (at par value) as security in the amount required : Provided, That where not in conflict with the law, the bidder may be limited to the option of furnishing a certified check or United States bonds when the