« PreviousContinue »
PART 19-16-PROCUREMENT FORMS serve in lieu of an award document.
Copies of Standard Form 26 shall be Subpart 19–16.1-Forms for Advertised Supply
used to provide information and instrucContracts
tions to appropriate Agency offices when Sec.
necessary. 19–16.102 Award documents. 19-16.104 Terms, conditions, and provi
19–16.104 Terms, conditions,
provisions. Subpart 19–16.5—Forms for Advertised and No The provisions of Agency Form, IA
gotiated Nonpersonal Service Contracts (Other 332, Supplemental General Provisions Than Construction)
are prescribed for use in all supply con19-16.501 Contract forms.
tracts in addition to the provisions of Subpart 19-16.8—Miscellaneous Forms
Standard Form 32. Form IA-332 should
also be used with Standard Form 32 for 19–16.802 Bidder's Mailing List Applica
service contracts when appropriate. tion. 19-16.850 Other agency forms.
Subpart 19-16.5—Forms for Adver19-16.851 Department of Labor forms.
tised and Negotiated Nonpersonal 19–16.851-1 Department of Labor letter and poster, PC-13 (Walsh
Service Contracts (Other Than Healey Public Contracts Act). Construction) 19–16.851-2 Department of Labor form, PC
16 (Walsh-Healey Public Con- 8 19–16.501 Contract forms.
The forms prescribed in 88 1-16.101 19–16.861-8 Department of Labor form, SF
and 1-16.201 of this title for advertised 99, Notice of Award of Con. tract.
and negotiated supply contracts shall 19–16.851-4 Socretary of Labor Poster, Equal
be used for advertised and negotiated Opportunity is the Law.
nonpersonal service contracts (other 19–16.851-5 Department of Labor form,
than construction, grant agreements, and 8C-1, Notice to Employees small purchases). Narrative type conWorking on Government tracts for nonpersonal service contracts Service Contracts.
shall be used only upon approval of the 19–16.860 0.8. Information Agency forms. format by the Agency Contracting 19–16.860-1 Supplemental General Provi
Oficer. sions, IA-332. 19–16.880-2 Requisition-Purchase Order- Subpart 19–16.8—Miscellaneous
Invoice for Professional Sery
ices, IA 44. 19-16.860-3 Memorandum of Loan, IA-431.
8 19-16.802 Bidder's mailing list appli19–16.8604 Certificate of Export, IAL-368.
cation. 19–16.860-6 Bidder's Commodity and Service Code List, IA 407.
Whenever a Standard Form 129 is 19-16.860–6 Contract Financial Report, IAP
furnished to a prospective bidder, a copy 14.
of Agency Form IA-407, Bidder's com
modity and Service Code List shall also AUTHORITY: The provisions of this Part 19
be furnished to the applicant. A copy 16 issued under sec. 205 (c), 63 Stat. 390; 40
of both forms shall be completed by the U.S.O. 488(c).
applicant and returned to the Agency. SOURCE: The provisions of this Part 19–16
$ 19–16.850 Other agency forms. appear at 35 F.R. 19017, Dec. 18, 1970, unless otherwise noted.
The forms listed in this $ 19–16.850
shall be used in compliance with direcSubpart 19–16.1-Forms for
tives of the applicable regulatory agenAdvertised Supply Contracts cies of the Government and
accordance with Chapter 1 of this title, $ 19-16.102 Award documents.
$ 19–16.851 (a) Standard Form 26 shall be used
Department of Labor
forms. as the Agency's award document whenever Standard Form 33 is used. The The following forms, posters and letaward section of Standard Form 33 shall ter posters, shall be furnished contracbe left blank and its heading obliterated. tors in accordance with referenced regu
(b) When a narrative type contract lations. Agency transmittal letter IALis authorized the signature page shall 905 is prescribed for this purpose.
8 19–16.851-1 Department of Labor let- 819-16.860-1 Supplemental General ter and poster,
PC-13 (Walsh. Provisions, IA-332.
Supplemental General Provisions, IAPC-13, Department of Labor letter and 332, shall be used in contracts which inposter, shall be furnished contractors, corporate Standard Form 32, in accordperforming contract work subject to the ance with § 19-16.104. Walsh-Healey Public Contracts Act, in
19–16.860-2 Requisition-Purchase accordance with 8 1-12.604(b) of this
Order-Invoice for Professional Servtitle,
ices, IA-44. $ 19–16.851-2 Department of Labor Form IA-44 is prescribed for use by form, PC-16 (Walsh-Healey Public
media purchasing activities for the proContracts Act).
curement of professional (talent vendor) PC-16, Department of Labor form, services related to the translation or narshall be furnished to contractors, per- ration of colloquial speech in foreign forming contract work subject to the languages. Clearances of vendors in acWalsh-Healey Public Contracts Act in cordance with Section 430, Part VIII, accordance with $ 1–12.604(c) of this Manual of Operation and Administration title.
shall be obtained prior to procuring such
services. $ 19–16.851–3 Department of Labor
form, SF-99, Notice of Award of § 19–16.860-3 Memorandum of Loan, Contract.
IA-431. Standard Form 99, Notice of Award
Form IA-431 is prescribed for use to of Contract, shall be prepared and sub- obtain the loan of items from private mitted to the Department of Labor, Wage owners, business firms, and nonprofit inand Hour and Public Contracts Division,
stitutions for use in the Agency's exhibit when contract is subject to the Walsh
program, Healey Public Contracts Act in accord
19–16.860_4 Certificate of Export, ance with $ 1-12.604(d) of this title or IAL-368. subject to the Service Contract Act of 1965 and the provisions of the Fair Labor
Form IAL-368, a USIA Certificate of Standards Act of 1938, in accordance
Export letter, is prescribed for use to furwith § 1-12.905–6 of this title.
nish manufacturer-vendors with proof
of export for items purchased exclusive $ 19–16.851-4 Secretary of Labor post- of Manufacturer's Excise Tax. er, Equal Opportunity is the Law.
§ 19–16.860—5 Bidder's Commodity and Equal Opportunity is the Law, a Sec
Service Code List, IA 407. retary of Labor Notice, shall be furnished contractors, subject to Executive Order
Form IA-407 is prescribed for use in No. 11246, Executive Order No. 11375 and
conjunction with Standard Form 129, the rules and regulations of the Secre
Bidder's Mailing List Application, in actary of Labor, in accordance with
cordance with § 19-16.802. § 1-12.805.3 of this title.
& 19-16.860–6 Contract Financial Re § 19–16.851-5 Department of Labor
port, IAP-14. form, SC-1 Notice to Employees Form IAP-14, Contract Financial ReWorking on Government Service port, is prescribed for use by contractors Contracts.
to report costs incurred and contract SC-1, Department of Labor form, shall
earnings on a monthly accruai basis for be furnished contractors performing con
contracts in excess of $50,000 when per
formance time exceeds 6 months. Formg tract work subject to the Service Contract Act of 1965, in accordance with
will be furnished by the contracting of$ 1-12.905-1 of this title.
ficer at the time of contract award. 19-16.860 U.S. Information Agency PART 19–60DISPUTES AND forms.
APPEALS This section prescribes U.S. Informa
Sec. tion Agency forms to be used in addition
19-60.000 Scope of part. to the standard forms prescribed in
Subpart 19–60.1-Disputes Chapter 1, Part 16, of this title in the 19-60.100 Scope of subpart. procurement of supplies and services. 19-60.101 General.
tion as may be necessary to ascertain 19-60.102 Determination of issues.
the facts. Based upon his review of all 19-60.103 Decision of the contracting officer.
available facts and advice of legal counSubpart 19–60.2—Appeals
sel, he shall endeavor to resolve by mu19-60.201 General.
tual agreement a satisfactory settlement 19–60.202 Processing appeals.
of the dispute. When questions are set
tled in this manner, an agreement shall Subpart 19–60.3-Board of Contract Appeals
be drawn up in the form of a letter or 19–60.301 Designation of authorized repre- memorandum for the official records.
sentative. 19-60.302 Agency support.
§ 19-60.103 Decision of the contracting
officer. Subpart 19–60.4_Rules 19-60.401 Adoption of the rules of tho
When an agreement cannot be successASBCA.
fully negotiated, the contracting oficer 19-60.402 Amendment to rules for Agency with the advice and assistance of the application.
Office of the General Counsel shall renAUTHORITY: The provisions of this part
der a decision in accordance with the 19-60 18 Issued under sec. 205(c), 63 Stat. disputes clause of the contract. The de990; 40 U.S.C. 488(c).
cision shall include statement of the SOURCE: The provisions of this part 19-60
facts under dispute, a statement of the appear at 34 F.R. 7905, May 20, 1969, unless contractor's claim, a statement of the otherwise noted.
facts upon which the parties agree or
disagree, a statement of the contracting 8 19–60.000 Scope of part.
officer's final decision, and a statement This part sets forth procedures govern- advising the contractor that decisions ing the determination of disputes arising on disputed questions of fact and on from Agency contracts and the delega- other questions that are subject to the tion of authority to the Armed Services procedure of the disputes clause of the Board of Contract Appeals (referred to contract may be appealed in accordance in this part as the "ASBCA") to hear and with the provisions of that clause. The decide appeals of contractors from final decision shall further advise the condecisions of contracting officers arising tractor that appeals must be in writing under disputes provisions of contracts (in triplicate) and must be malled or awarded by the United States Informa- otherwise furnished the contracting tion Agency and the rules applicable to oficer within the time provided in the such appeals.
disputes clause of the contract or If none
is designated within thirty days from the Subpart 19-60.1-Disputes
date of receipt of the final decision. See & 19-60.100 Scope of subpart.
§ 1-1.318. The decision will also advise This subpart sets forth the policy and
the contractor that the Armed Services procedures pertaining to disputes arising
Board of Contract Appeals has been under contracts, the review of available
designated he authorized representa
tive of the Director for the hearing of facts pertinent to the dispute, and the
such appeals and that the regulations rendering of a final decision thereon by the contracting officer.
herein recited shall be applicable with
regard to the procedure of such appeals 8 19–60.101 General,
before the Board. Unless otherwise specified in & contract, any dispute concerning a question Subpart 19–60.2-Appeals of fact under a contract shall be decided
$ 19-60.201 General. by the contracting officer who shall reduce his decision to writing and mail by An appeal to the ASBCA may be taken certified mail, return receipt requested, from the decision of a contracting ofor otherwise furnish a copy to the con- ficer rendered in connection with distractor.
puted questions of fact under contracts $ 19-60.102 Determination of issues. when the terms of the contract provide
Before making a decision, the contract- for the determination of such appeals by ing officer shall consider all oral and
the Director or his duly authorized repwritten arguments or evidence as the resentative. When the express terms of contractor may present in support of his the contract provide otherwise, appeals claim. He shall conduct such investiga- shall be taken in the manner provided.
8 19–60.202 Processing appeals.
Appeals shall be prepared and submitted as set forth in the Preliminary Procedures, Part 2, Rules of the ASBCA, Appendix A to the Armed Services Procurement Regulations. Subpart 19-60.3--Board of Contract
Appeals 8 19–60.301 Designation of authorized
representative. The Armed Services Board of Contract Appeals has been designated the authorized representative of the Director of the U.S. Information Agency to hear, consider, and determine appeals by contractors from final decisions of contracting officers on disputed questions arising under agency contracts pursuant to provisions of contracts requiring the determination of such appeals by the Director or his authorized representative. § 19-60.302 Agency support.
The ofice of the General Counsel shall ensure support by officers and employees of the Agency in processing appeals and ascertaining information to the extent required by the ASBCA and is authorized to require such oificers and employees to cooperate in such support.
Subpart 19-60.4 Rules & 19-60.401 Adoption of the Rules of
the ASBCA. In acting under this designation, the ASBCA is authorized to follow the rules contained in Appendix A to the Armed Services Procurement Regulations, Title
32 Code of Federal Regulations 30.1, which are hereby adopted as amended. 19-60.402 Amendment to rules for
Agency application. The following amendments to Part 2-Rules of the ASBCA shall be effective whenever such rules pertain to appeals arising from Agency contracts.
(a) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete all references to the Secretary of Defense and the Secretaries of the Military Departments and substitute therefor the words “Director, U.S. Information Agency".
(b) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete in its entirety the third paragraph pertaining to the requirement of the Secretary of Defense or the Secretary of a Military Department to personally render a decision on a matter in dispute based on findings and recommendations submitted by the ASBCA.
(c) Preliminary procedures, paragraph 3 (Forwarding Appeals)-after the word “Board" at the end of the first sentence, insert a comma in lieu of the period and add immediately thereafter the words “through the Office of the General Counsel, U.S. Information Agency".
(d) Preliminary procedures, paragraph 4 (Duties of the Contracting Oficer) delete the words "and to the Government Trial Attorney” and add in lieu thereof the words "through the Office of the General Counsel, U.S. Information Agency".