(a) GSA Form 1137, Request, Proposal, and Acceptance Covering Construction Contract Modification, illustrated at § 5B-16.950-1137, is prescribed for use. (b) GSA Form 1139, Section 0010, General Conditions, illustrated at § 5B-16.950-1139, is prescribed for use. (c) GSA Form 1142, Release of Claims, illustrated at § 5B-16.950-1142, is prescribed for use.

(d) GSA Form 2402, Form letter for notifying contractor of action taken on shop drawing submittals, illustrated at § 5B-16.950-2402, is prescribed for use. (e) GSA Form 2417, Notice to Proceed, illustrated at § 5B-16.950-2417, is prescribed for use in approving bonds and issuing notice to proceed.

(f) GSA Form 2419, Certification of Payment to Subcontractors and Suppliers, illustrated at § 5B-16.950-2419, is prescribed for use.

(g) GSA Form 2465, Notice of Appeal, illustrated at § 5B-16.950-2465, is prescribed for use in accordance with § 5B-1.318-1.

(a) GSA Form 618A(FL), Form letter for informing contractor of labor standards provisions, illustrated at § 5B16.950-618A (FL), is prescribed for use.

(b) GSA Form 618D, Statement to be Submitted When Work is Performed Personally, illustrated at § 5B-16.950-618D, is prescribed for use in accordance with § 5B-12.18705-6.

(c) GSA Form 1995, Return of Payroll Document for Correction, illustrated at § 5B-16.950-1995, is prescribed for use in accordance with § 5B-12.18705-6.

(d) GSA Form 2428, Request for Authorization of Additional Classification(s), Rate(s), and Fringe Benefit(s), illustrated at § 5B-16.950-2428, is prescribed for use in accordance with § 5B-12.18705-3.

(e)_ Department of Labor Form WH347, Payroll (For Contractor's Optional Use), illustrated at § 5B-16.954-347, for use in accordance with §§ 1-18.705-6 and 5B-12.18705-6.

(f) Department of Labor Form WH347 Inst., Instruction for Completing Payroll Form WH-347, illustrated at § 5B-16.954-347 Inst., for use in accordance with §§ 1-18.705-6 and 5B12.18705-6.

(g) Department of Labor Form WH348, Statement of Compliance, illustrated at § 5B-16.954-348, is prescribed for use

in accordance with §§ 1-18.705-6 and 5B-12.18702-2 and 5B-12.18705-6.

(h) Department of Labor Form WHPC Publication 1240, Notice to Employees Working on Federal or Federally Fi

The following GSA forms are prescribed for use in accordance with § 5B12.18705-7.

(i) Standard Form 308, Request for Determination and Response to Request, is prescribed for use. (See § 1-18.704-3.)

(j) Department of Labor Form WLSA (WD)-1, Decision of the Secretary, is prescribed for use in lieu of WLSA-1, in conjunction with GSA Form 1085, Wage Rate Schedule, illustrated at § 5B-16.9501085, in every contract for construction in excess of $2,000.

§ 5B-16.875 Forms for building service

contracts.

The following GSA forms are presscribed for use in procuring building services without limitation as to amount of the procurement. (See also § 5B-2.20170.)

(a) GSA Form 527, Contractor's Qualifications and Financial Information, illustrated at § 5B-16.950-527.

(b) GSA Form 1467, Solicitation, Offer and Award (Contract for Building Services), illustrated at § 5B-16.950-1467.

(c) GSA Form 1467-A, Solicitation Instructions and Conditions (Contract for Building Services), illustrated at § 5B16.950-1467-A.

(d) GSA Form 1468, General Provisions (Contract for Building Services), illustrated at § 5B-16.950–1468.

(e) GSA Form 2166, Service Contract Act of 1965 (As Amended), illustrated at § 5B-16.950-2166.

Subpart 5B-16.9-Illustrations of Forms § 5B-16.901 Standard forms.

Illustrated in this section are GSA overprints of certain standard forms illustrated in § 1-16.901 and certain standard forms that are not illustrated in the FPR. The subsection numbers correspond with the standard form numbers in the manner described in § 1–16.901.

NOTE.-Copies of the forms are filed with the originals and are available from the Business Service Center in any regional office of the General Services Administration. For changes to this listing of forms, see List of Sections Affected.

Upon receipt of an appeal or notice of appeal, the contracting officer shall, within 10 days of receipt, forward the notice to the Board of Contract Appeals, in accordance with Subpart 5B-60.3, Rules of the GSBCA, Preliminary Procedures, paragraph 3.

§ 5B-60.202 Settlement by agreement.

The filing of a notice of appeals does not preclude negotiations looking toward settlement of a dispute; settlement may be effected at any time up to the issuance of a decision by the GSA Board of Contract Appeals.

The Contract Audits Division, Office of Audits (ADA), and the Field Audit Offices conduct contract audits (i.e., examinations) of contractors' records to the extent that such audits are required by law, regulation, or sound business judgment. Such audits include the conduct of periodic or requested audits of contractors as are warranted by such matters as the financial condition, integrity, and reliability of the contractor and prior audit experience; adequacy of the accounting system; and the amount of unaudited claims. An audit clause shall be inserted by the contracting officer, in all contracts subject to audit pursuant to & 5B-63.103.

§ 5B-63.102 Purpose of audit.

In addition to the provisions of § 1-3.809, Contract audit as a pricing aid, audits are conducted to advise, and make recommendations to, the contracting officer concerning the following:

(a) The propriety of amounts paid, or to be paid, by GSA to contractors, where such amounts are based on a cost or time determination or on variable features related to the results of contractors' operations;

(b) The adequacy of measures taken by contractors regarding the use and safeguarding of Government assets under their custody or control;

(c) The reasonableness and allowability of costs included in contractors' settlement proposals in termination of contracts (see § 1-8.207); and

(d) Contractors' financial condition and ability to perform or to continue to perform under Government contracts.

§ 5B-63.103 Types of contracts subject to audit

(a) The following types of contracts in excess of $2,500 shall include the Examination of Records by GSA clause (§ 5B-63.104):

(1) Cost-reimbursement type contracts (see § 1-3.405);

(2) Advertised or negotiated contracts involving the use or disposition of Government-furnished property;

(3) Contracts for supplies or services containing a price warranty or price reductions clause;

(4) Contracts or leases involving income to the Government where the income is based on operations that are under the control of the contractor or lessee;

(5) Fixed-price contracts with escalation (see §§ 1-2.104-3 and 1-3.404-3), incentives (see §§ 1-3.404-4 and 1-3.407), and redetermination (see §§ 1-3.404-5 and 1-3.404-7);

(6) Requirements and indefinite quantity (call-type) contracts; (see §§ 1-2.104 and 1-3.409);

(7) Time and materials and laborhour contracts (see §§ 1-3.406-1 and 13.406-2); and

(8) Leases (1) where the rental is subject to adjustment (such as for change in real estate taxes or service costs) or (11) where the rental is dependent upon actual costs.

(b) In some of the contracts listed in paragraph (a) of this § 5B-63.103, it may be appropriate to define in the contract the scope or extent of any audit, such as with respect to (1) the use or disposition of Government-furnished property or (2) variable or other special features of the contract, e.g., price escalation and compliance with the price warranty or price reductions clauses. In such cases, the contract clause is § 5B-63.104 may be modified appropriately with the concurrence of the (1) Office of General Counsel or Regional Counsel and (2) Contract Audit Division or the Field Audit Office, as appropriate.

(c) Inclusion of the contract clause in 5B-63.104 (whether or not modified) in contracts does not affect in any way the requirements for (1) use of the Examination of Records clause permitting review of contractor books and records by the Comptroller General (see §§ 1–7.602-7 and 1-7.103-3) or (2) the clauses on Audit and Records pertaining to the verification of cost or pricing data (see § 1-3.814-2).

§ 5B-63.104 Contract clause.

The following contract clause is prescribed for use as provided in § 5B-63.103:

EXAMINATION OF RECORDS BY GSA

The Contractor agrees that the Administrator of General Services or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to, and the right to examine, any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder.

The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any of his duly authorized representatives shall, until the expiration of three years after final payment under the subcontract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term "Subcontract" as used in this clause excludes (a) purchase orders not exceeding $2,500 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. § 5B-63.105 Payments under contracts subject to audit.

§ 5B-63.105-2 Submission and processing of invoices or vouchers.

Contractors shall be required to submit invoices or vouchers directly to the contracting officer. The processing of invoices or vouchers prior to payment for work or services rendered shall include a review by the contracting officer, or his designated representative, to determine that the nature of items and amounts claimed are in consonance with the contract terms, represent prudent business transactions, and are within any stipulated contractual limitations. The contracting officer must ensure that these payments are commensurate with physical and technical progress under the contract. If the contractor has not deducted from his claim amounts which are questionable or which are required to be withheld, the contracting officer shall make the required deduction.

6-1.1003-2 General requirements.

AUTHORITY: The provisions of this Part 6-1 issued under sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); sec. 4, 63 Stat. 111, 22 U.S.C. 2658.

Subpart 6-1.1-Introduction

SOURCE: The provisions of this Subpart 61.1 appear at 28 F.R. 7779, July 81, 1963, unless otherwise noted.

§ 6-1.101 Scope of subpart.

This subpart describes the Department of State Procurement Regulations in terms of establishment, relationship to the Federal Procurement Regulations (FPR), arrangement, applicability, and deviation procedure. Procurement procedures are integrated with the regulations so as to provide a complete, logical and comprehensive publication.

and nonpersonal services (including construction) by the Department of State both within and outside the United States except for those operations which have exemption from the Federal Property and Administrative Services Act of 1949, as amended.

(b) The DOSPR and FPR do not apply to the acquisition or leasing of real property.

(c) The FPR has been edited for use by the Foreign Service. Those portions which are not applicable to procurement outside the United States have been removed except that the contents pages are complete for reference purposes.

(d) At posts where Joint Administrative Offices have been formed, the DOSPR and the FPR are applicable to procurement from Shared Administrative Support funds. The DOSPR and the FPR are applicable for all AID administrative and technical support procurement, except in areas which have been defined by the AID Office of Administrative Services (A/AS).

[29 F.R. 12070, Aug. 25, 1964, as amended at 31 F.R. 10193, July 28, 1966; 86 FR. 4377, Mar. 5, 1971]

Certain Department of State policies and procedures which come within the scope of this chapter nevertheless may be excluded from the DOSPR. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policy or procedure which is expected to be effective for a period of less than six months.

(c) Policy or procedure which is being instituted on an experimental basis for a reasonable period.

[Redesignated, 81 FR. 10193, July 28, 1966] § 6-1.106 Issuance.

Regulations contained in the DOSPR deemed necessary for business concerns, and others properly interested, to understand basic and significant Department of State procurement policies are published in the Code of Federal Regulations (CFR) as Chapter 6 of Title 41, Public Contracts, and are published in issues of the FEDERAL REGISTER and in separate loose-leaf volume form.

[Redesignated, 31 PR. 10193, July 28, 1966] § 6-1.107 Arrangement.

[Redesignated, 31 FR. 10193, July 28, 1966]