§ 18-16.202-3 DD Forms 633–1, 633–2, 633-3, 633-4, and 633-5.

The following forms may be used as appropriate:

(a) DD Form 633-1 (Contract Pricing Proposal (Technical Services));

(b) DD Form 633-2 (Contract Pricing Proposal (Technical Publications));

(c) DD Form 633-3 (Contract Pricing Proposal (Motion Pictures));

(d) DD Form 633-4 (Contract Pricing Proposal (Research and Development));

or

(e) DD Form 633-5 (Contract Pricing Proposal (Change Orders)).

§ 18-16.203 Cost and Price Analysis for Contract Price Redetermination (DD Form 781).

§ 18-16.203-1 General.

DD Form 784 (Cost and Price Analysis for Contract Price Redetermination) is designed to assure, to the fullest extent practicable, the uniform submission of cost data by contractors when such data are required for contract price redetermination. Contractor reproduction of the form is authorized.

§ 18-16.203-2 Conditions for use.

(a) DD Form 784 shall be prepared by the contractor for the submission of cost information required for contract price redetermination except in those instances where the contractor and the contracting officer have agreed upon an alternate method of cost analysis presentation. Any alternate method used shall include, to the maximum degree possible, the information called for by DD Form 784. During the negotiation which may result in a redeterminable or incentive type contract, the contractor shall be advised of the requirement for the use of DD Form 784 or the alternate method and this requirement shall be contained in the contract.

(b) DD Form 783 (Royalty Report (Foreign and Domestic)) is approved for use as the separate schedule required by paragraph (p) of Specific Instructions of DD Form 784.

§ 18-16.204 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 § 18-3.306-1).

Subpart 18-16.3-Purchase and
Delivery Order Forms

§ 18-16.300 Scope of subpart.

This Subpart 18-16.3 prescribes forms for use when purchases are authorized or required to be made by the purchase order or imprest fund method, and as delivery orders.

§ 18-16.301 Receipt for Cash-Subvoucher (Standard Form 1165).

Standard Form 1165 may be used in connection with procurement by the imprest fund (petty cash) method in accordance with § 18-3.607-4(d). § 18-16.302

Purchase Order Forms (Standard Forms 44, 147; NASA Form 1379).

(a) Standard Form 44 (Purchase Order-Invoice-Voucher) is authorized for use to accomplish small purchases in accordance with § 18-3.608-9.

(b) Standard Form 147 (Order for Supplies or Services) and NASA Form 1379 (Order for Supplies or Services) are authorized for use as purchase orders for small purchases and as delivery orders for ordering and scheduling deliveries against an established contract. Full instructions on the use of these forms are contained in Subpart 18-3.6.

Subpart 18-16.4-Forms for
Construction Contracts

This Subpart 18-16.4 prescribes forms for use in construction contracts, where the work is to be performed in the United States, its possessions, or Puerto Rico. Construction contracts are defined for the purposes of this subpart as contracts for the construction, alteration, or repair (including dredging, excavating, painting, and decorating) of buildings, bridges, roads, or other kinds of real property.

§ 18-16.401 Advertised construction contract forms.

§ 18-16.401-1 General.

The following forms are prescribed for use in formally advertised construction contracts where the work is to be performed in the United States, its possessions, or Puerto Rico:

(a) Standard Form 19-Invitation, Bid and Award (Construction, Alteration, or Repair).

to

Standards Provisions-Applicable
Contracts in Excess of $2,000.

(c) Standard Form 19-B-Representations and Certifications (Construction Contract).

(d) Standard Form 20-Invitation for Bids (Construction Contract).

(e) Standard Form 21-Bid Form (Construction Contract).

(f) Standard Form 22-Instructions to Bidders (Construction Contract).

(g) Standard Form 23-Construction Contract.

(h) Standard Form 23-A-General Provisions (Construction Contract).

(1) NASA Form 604-Additional General Provisions to U.S. Standard Form 23-A.

(j) Standard Form 30-Amendment of Solicitation/Modification of Contract (see § 18-16.103).

(k) Continuation sheet. There is no prescribed form of Continuation Sheet for construction contracts. A blank sheet, incorporating (1) the contract or invitation number, as appropriate; (2) page number and number of pages; and (3) name of bidder or contractor may be used for this purpose. Standard Form 36. Continuation Sheet (Supply Contract), shall not be used for construction contracts.

[36 F.R. 21503, Nov. 10, 1971]

§ 18-16.401-2 Conditions for use.

(a) Contracts estimated not to exceed $2,000. Standard Forms 19 and 19-B shall be used for those contracts executed as a result of formal advertising. Standard Form 22 also may be used. Where it is indicated that the low bid may exceed $2,000, Standard Form 19-A should be attached, the specifications should include the appropriate wage rate determination, and the following language shall be inserted in the space provided in the bid portion of Standard Form 19 prior to the issuance of the invitation:

If this bid exceeds $2,000, the bidder shall furnish with his bid a bid guaranty in an amount equal to -% of his bid; failure

-----

to submit the guaranty on time is cause for rejection of the bid. (July 1968)

When Standard Form 19 is used, progress payments may be made if the period of performance is greater than 1 month. However, if the period of performance is less than 1 month or the total contract amount does not warrant progress pay

ments, a single payment may be made, in which case the contracting officer may indicate completion and final acceptance of the contract work by a stamped and signed statement to that effect on the face of the standard form and forwarding it to the financial management or fiscal officer for payment. The following statement may be used for this purpose:

I certify that the work and services furnished hereunder have been completed, inspected, and accepted as conforming to the contract requirements, and the amount is correct and proper for payment.

(Signature and Title of Certifying Officer)

(b) Contracts estimated to exceed $2,000 but not to exceed $10,000. Standard Forms 19, 19-A and 19-B shall be used for these construction contracts executed as a result of formal advertising. Standard Form 22 also may be used. The additional language set forth in paragraph (a) of this section shall be inserted in the bid portion of Standard Form the 19 prior to issuance of invitation.

(c) Contracts estimated to exceed $10,000. Standard Forms 19-A, 19-B, 20, 21, 22, 23, and 23-A shall be used for these construction contracts executed as a result of formal advertising. NASA Form 604 shall be used to supplement Standard Form 23-A. Strict compliance with the following instructions is required.

(1) Standard Form 19-A. This form shall be attached to the contract file.

(2) Standard Form 19-B. This form shall be completed by the bidder and shall be attached to the contract file.

(3) Standard Form 20 (Invitation for Bids). All invitations for bids shall allow sufficient bidding time (i.e., the period of time between the date of distribution of an invitation for bids and the date set for opening of bids) to allow bidders an adequate opportunity to prepare and submit their bids, giving due regard for the construction season, the time necessary for bidders to inspect the site, obtain subcontract bids, examine data concerning the work, and prepare estimates. from plans and specifications. This form shall be completed by inserting the appropriate data on the face of the form (see §§ 18-2.201-1(a) and 18-2.201–2).

(4) Standard Form 21 (Bid Form). This form shall be furnished to all bidders with the invitation for bids. If the

(The following paragraphs shall be printed on the last page of the bidding schedule immediately below the schedule.)

NOTE: Use additional page if necessary. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

(5) Standard Form 22 (Instructions to Bidders). A copy of this form should accompany each invitation for bids for the information of bidders.

(6) Standard Form 23 (Construction Contract). A copy of this form should be furnished bidders with the invitation for bids for information. The form shall be completed after award to the acceptable bidder and executed by the parties as the formal contract instrument.

(7) Standard Form 23-A (General Provisions). NASA Form 604 (Additional General Provisions to U.S. Standard Form 23-A) shall be used in conjunction with this form. Standard Form 23-A and NASA Form 604, together with any other special terms or additional contract provisions included on additional sheets, shall be attached to the executed contract.

(8) Specifications. Specifications consisting of technical and special provisions pertinent to the particular contract and contract drawings shall, together with the above forms, complete the contract.

§ 18-16.401-3 Terms, conditions, and provisions.

(a) The use of additional contract provisions consistent with those con

tained in the above forms is authorized, and, where required elsewhere in this Regulation, the use of such additional provisions is mandatory. NASA Form 604 shall be used to supplement Standard Form 23-A. The NASA "New Technology" and "Property Rights in Inventions" clauses shall be used as additional required clauses under the circumstances set forth in §§ 18-9.101-2 and 18-9.101-5.

(b) Changes or additional provisions inconsistent with those contained in the standard forms shall be incorporated when required by this chapter, and may be incorporated when authorized by this Regulation, or when approved pursuant to § 18-1.109. A copy of such approval pursuant to § 18-1.109-2 shall be forwarded by the Procurement Office, NASA Headquarters, to the General Services Administration.

(c) The provisions of paragraphs (a) and (b) of this section shall not be construed to authorize the reinstatement in Standard Form 19 of clauses which appear in Standard Form 23-A and which have either been condensed or omitted in the development of Standard Form 19 in the interests of simplification and uniformity. Where such reinstatement is deemed essential, the matter shall be handled as a deviation as provided in § 18-1.109. Deviations are not required for use with Standard Form 19 of clauses which, although not properly a part of Standard Form 23-A, may accompany it when printed for use within NASA.

(d) The "Disputes" clause of Standard Form 19, may be altered by inserting in the Schedule or in the Specifications, the following:

Alterations. As used in the "Disputes" clause of the General Provisions, "head of the Federal Agency" means the "Administrator, NASA." (May 1965)

(e) During a period of national emergency, paragraph (d) (1) of the “Termi

nation for Default-Damages for Delay-Time Extensions" clause of Standard Form 23-A has been changed by the "Alterations" clause in NASA Form 604 by deleting the words "unforeseeable causes" in the two places where they appear in the first sentence and substituting therefor the words "causes, other than normal weather."

(f) Deletion or modification of provisions in the above forms shall be accomplished in the "Alterations" paragraph added in the Schedule of Standard Form 19, or in the "Alterations" paragraph in NASA Form 604, or in the Specifications, as may be appropriate. [36 F.R. 21503, Nov. 10, 1971]

§ 18-16.402 Negotiated construction contract forms.

§ 18-16.402-1 General.

Except for Standard Form 30 (see §§ 18-16.103 and 18-16.815), use of the forms prescribed in § 18-16.401 is optional for negotiated construction contracts. When used for negotiated contracts, the forms shall be adapted by lining out or obliterating the words "sealed" and "publicly opened" and adding language to (1) indicate the authority for negotiation, and (2) provide that wherever the words "invitation" and "bid" occur they shall be deemed to refer to "solicitation" and "offer", respectively. The box immediately below the title of Standard Form 19, beside the phrase "check if small business set-aside or other negotiated procurement," must be checked when that form is used for negotiated contracts. The appropriate clauses required for negotiated contracts shall be added to the contract forms. For example, whenever Standard Form 23 is used, the "Examination of Records" clause (§ 18-7.104-15) must be added if the negotiated contract exceeds $2,500. In negotiated fixed-price contracts in excess of $10,000 where the contracting officer is not satisfied that the contract price, by virtue of competition or otherwise, excludes contingencies for State and local taxes, Clause 29 of NASA Form 604, entitled "Federal, State and Local Taxes", shall be deleted and the clause set forth in § 18-11.401-2(d) shall be substituted therefor.

NASA Form 1379, or Standard Form 147 shall be used for construction contracts of $2,000 or less executed as a result of negotiation.

Subpart 18-16.5-Special Contract and Order Forms

§ 18-16.500 Scope of subpart.

This Subpart 18-16.5 prescribes special forms for procuring certain supplies and services.

§ 18-16.501

Negotiated utility service contract forms.

This section prescribes the contract forms to be used for utility service contracts negotiated pursuant to the policy and procedures set forth in Subpart 18-4.50, of this chapter, except where such services are procured under GSA area-wide public utility contracts as provided in Subpart 18-5.8, of this chapter. § 18-16.501-50 NASA Form 550, Nego

tiated Utility Service Contract, NASA Form 550A, General Provisions for Negotiated Utility Service Contract, and NASA Form 550B, Signature Page.

(a) Required forms. NASA Form 550 (Negotiated Utility Service Contract) shall be used in all negotiated utility service contracts, except those for which NASA Form 550S (Negotiated Utility Service Contract-Short Form) is used, as authorized by § 18-16.501-51(a), together with NASA Form 550A (General Provisions) and NASA Form 550B (Signature Page).

(b) Instructions for completion of form. The required information to be inserted in the various blanks on the first page is self-explanatory, except for the following:

(1) Term of contract. The term of the contract shall not exceed 12 months (see also § 18-7.5003-1).

(2) Service location. The information to be inserted in the blank designating the service location should consist of the name of the installation to which service is to be furnished, and, as appropriate, any further designation; for example, "Plum Brook Facility," "Area B," or "Building 434."

§ 18-16.501-51 NASA Form 550S, Negotiated Utility Service Contract (Short Form).

(a) Optional form. NASA Form 550S (Negotiated Utility Service ContractShort Form) may be used, without any

alteration, addition, or deviation whatsoever, for a negotiated utility service contract, whenever all the following conditions exist:

(1) The utility service is taken under an established rate schedule approved by a Federal, State, or other public regulatory body;

(2) The annual cost of the utility service to be procured is 2,500 or less;

(3) No connection, termination, installation, or similar charge, except a meter deposit (or a membership fee in the case of a cooperative) required of all customers, is involved; and

(4) The supplier requires or requests the execution of a contract or application form, and/or it is deemed advantageous to the Government to negotiate and execute a contract.

(b) Instructions for completion of form. The required information to be inserted in the various blanks in the first page is self-explanatory, except for the following:

(1) The information to be inserted in the blank designating the service location should consist of the name of the installation to which service is to be furnished, and, as appropriate, any further designation; for example, "Plum Brook Facility," "Area B," or "Building 434."

(2) The number or other identification of the contractor's applicable rate schedule should be inserted in the blank after the words "Rate Schedule."

(3) A description of the service to be rendered should be set forth in the last blank (see NASA Forms 550A-1 through 5 and § 18-16.501–52(b)).

§ 18-16.501-52 Appendices to contract forms.

(a) Appendix A, rate schedule. Appendix A, the rate schedule applicable to the contract, shall consist of:

(1) The printed or otherwise published rate schedule of the contractor which has been approved or established by a Federal, State, or other regulatory body; or

(2) The rate schedule negotiated between the contractor and the Government. In either event the rate schedule shall bear the legend "Appendix A, attached to and made a part of Contract No.-," and be entitled "Rate Schedule." Each page shall indicate its numerical order in the total number of pages comprising Appendix A, as, for example, "page 1 of 3." In addition to setting forth

the rate applicable to the contract, Appendix A shall include, where applicable, any rules or regulations (whether established by the regulatory body, the contractor, or by negotiation between the contractor and the Government), which pertain to the Rate Schedule. Appendix A may provide for payment to the contractor of a nonrecurring, nonrefundable fee of not more than $1,000 to cover the costs of connecting the contractor's facilities to, and disconnecting them from, the Government's facilities, whenever the contract period is less than 6 months. In all instances where a connection charge, other than the fee described above, is involved, the "Connection Charge" clause (§ 18-7.5003-3) and Appendix C (§ 18– 16.501-52(c)) shall be included in the contract.

(b) Appendix B, service specifications. Appendix B, the service specifications applicable to the contract, shall consist of:

(1) NASA Form 550A-1 (Electric Service Specifications), NASA Form 550A-2 (Gas Service Specifications), NASA Form 550A-3 (Water Service Specifications), NASA Form 550A-4 (Steam Service Specifications), NASA Form 550A-5 (Sewage Service Specifications), whichever is applicable, appropriately completed; or

(2) A specially drafted attachment to the contract bearing the legend "Appendix B, attached to and made a part of Contract No. --- ," and the title of the appropriate service specifications. Each page shall indicate its numerical order in the total number of pages comprising Appendix B, as, for example, "page 1 of 3." Such appendix shall set forth as a minimum:

(i) The premises to be served;

(ii) An estimate of the service requirements;

(iii) The point of delivery to the Government;

(iv) A description of the service;

(v) A statement of how the service is to be measured for purposes of billing; (vi) The quality of service to be rendered; and

(vii) A statement of the capacity and flow of the service.

(c) Appendix C, connection charge schedule. Appendix C, the schedule required whenever the contract includes the connection charge clause prescribed by 18-7.5003-3 or the termination charge clause prescribed by § 18–7.5003–4, shall bear the legend "Appendix C, at