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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.

PART 5B-60—DISPUTES AND

APPEALS

(h) Department of Labor Form WHPC Publication 1240, Notice to Employees Working on Federal or Federally Financed Construction Projects, is prescribed for use in accordance with § 5B-12.18705-7.

(i) Standard Form 308, Request for Determination and Response to Request, is prescribed for use. (See § 118.704-3.)

(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 8 5B-16.950-1085, in every contract for construction in excess of $2,000.

Subpart 58-60.1-Disputes Sec. 5B-60.101 General. 5B-60.102 Notice to contractor.

Subpart 5B-60.2-Appeals 5B-60.201 Notice of appeal. 5B-60.202 Settlement by agreement. 5B-60.203 Procedure following decision of

the GSA Board of Contract Appeals. AUTHORITY: Sec. 205(c), 63 stat. 390; 40 U.S.C. 486(c).

SOURCE: 40 FR 47135, Oct. 8, 1975, unless otherwise noted.

Subpart 5B-60.1—Disputes

§ 5B-16.875 Forms for building service

contracts. The following GSA forms are prescribed for use in procuring building services without limitation as to amount of the procurement. (See also § 5B-2.201-70.)

(a) GSA Form 527, Contractor's Qualifications and Financial Information, illustrated at 8 5B-16.950-527.

(b) GSA Form 1467, Solicitation, Offer and Award (Contract for Building Services), illustrated at $ 5B16.950-1467.

(c) GSA Form 1467-A, Solicitation Instructions and Conditions (Contract for Building Services), illustrated at $ 5B-16.950-1467-A.

(d) GSA Form 1468, General Provisions (Contract for Building Services), illustrated at 8 5B-16.950-1468.

(e) GSA Form 2166, Service Contract Act of 1965 (As Amended), illustrated at 8 5B-16.950-2166.

8 5B-60.101 General.

Questions of fact arising under con. tracts and which are not disposed of by agreement shall be decided by the contracting officer.

$ 5B-60.102 Notice to contractor.

When the contracting officer has reached a decision as to a matter in dispute involving a question of fact, he shall notify the contractor in accordance with the requirements of $$ 11.318-1 and 5B-1.318.

Subpart 58-60.2-Appeals

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.

$ 5B-60.201 Notice of appeal.

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. 8 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.

ficer, in all contracts subject to audit pursuant to 8 5B-63.103.

§ 5B-60.203 Procedure following decision

of the GSA Board of Contract Appeals. Either party may file a motion for reconsideration within 30 days after issuance of a Board decision. If no such motion is filed, action to implement the Board's decision should be initiated promptly upon expiration of the 30 day period. In the event the contractor elects to appeal to the Court of Claims or to a Federal district court, action implementing the Board's decision may be suspended.

$ 5B-63.102 Purpose of audit.

In addition to the provisions of $ 13.809, Contract audit as a pricing aid, audits are conducted to advise, and make recommendations to, the contracting officer concerning the following:

(a) The property 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.

PART 5B-63—AUDITS

Subpart 58-63.1-Audit of Contractors'

Records

Sec. 5B-63.101 General. 5B-63.102 Purpose of audit. 5B-63-103 Types of contracts subject to

audit. 5B-63-104 Contract clause. 5B-63-105 Payments under contracts sub

ject to audit. 5B-63-105-2 Submission and processing of

invoices or vouchers. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 40 FR 47135, Oct. 8, 1975, unless otherwise noted.

Subpart 5B-63.1-Audit of

Contractors' Records

$ 5B-63.101 General.

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 judgement. 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 of

$ 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 (8 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 88 1-2.104-3 and 1-3.404-3), incentives (see $$ 1-3.404-4 and 13.407), and redetermination (see $$ 13.404-4 and 1-3.404-7);

(6) Requirements and indefinite quantity (call-type) contracts; (see 88 1-2.104 and 1-3.409);

30-104 0-79--49

(7) Time and materials and labor. hour contracts (see $$ 1-3.406-1 and 13.406-2); and

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

(b) In some of the contracts listed in paragraph (a) of this g 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 (i) Office of the General Counsel or Regional Counsel and (ii) Contract Audit Division or the Field Audit Office, as appropriate.

(c) Inclusion of the contract clause in 8 5B-63.104 (whether or not modi. fied) 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 $8 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 $ 5B63.103:

pires 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 Fed. eral 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 pay. ment 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.

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 pay. ment under this contract, or of the time periods for the particular records specified in Part 1-20 of the Federal Procurement Regu. lations (41 CFR Part 1-20), whichever ex

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CHAPTER 6-DEPARTMENT OF STATE

Part 6-1 6-2 6-3 6-5 6-6 6-7 6-11 6-30 6-60

General..............
Procurement by formal advertising
Procurement by negotiation..........
Special and directed sources......
Foreign purchases ...
Contract clauses...........
Federal, State, and local taxes
Contract financing ..............
Contract appeal regulations

Page 760 770 772 781 785 786 794 795 796

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$ 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. $ 6-1.102 Purpose.

This subpart establishes the Depart. ment of State Procurement Regulations (DOSPR) as Chapter 6 of the Federal Procurement Regulations System.

Subpart 6-1.4-Procurement Responsibility and

Authority

6-1.400 Scope of subpart. 6-1.401 Responsibility of the head of the

procuring activity. 6-1.402 Authority of contracting officers. 6-1.403 Requirements to be met before en

tering into contracts.

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