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the contractor to identify the amount of any agent's fees/commissions or unusual costs of doing business with a foreign government. The contractor shall also be required to identify any unusual provisions or requested ASPR deviations (e.g., special termination clauses or non-standard progress payment schedule), that may be proposed for the contract which could affect the prices quoted.

b. In negotiating contracts for FMS items when the contractor has included costs for agent's fees/commissions, the contracting officer shall:

(i) Require the contractor is submit a "Contractor's Statement of Contingent or Other Fees" (SF 119).

(ii) Determine under I-505 whether a "bona fide" agency relationship exists. (In accordance with 15-205.37 (c), agent's fees/commissions are allowable only when paid to bona fide employees or bona fide established commission or selling agencies maintained by the contractor for the purpose of securing business.)

c. Even though a bona fide agency relationship is determined to exist, the agent's fees/commissions will only be allowed to the extent reasonable. The basic test of reasonableness is an assessment of the services provided compared to the amount of the fee. A comparison should be made of the proposed fee/commission with recent payment for comparable services under non-FMS, commercial sales of the same or similar items, or agent's fees/commissions allowed on previous FMS sales of comparable scope and dollar amounts. Consideration should be given to whether the sale is the initial or follow-on sale because the effort for follow-on sales of additional quantities, spares and support equipment would not normally be as great as the effort for the initial sale. Agent's fees/commissions are prohibited for follow-on spares provided under DoD Supply Support Arrangements.

d. If the contracting officer cannot establish reasonableness of proposed agent's fees/commissions based on the price comparison in paragraph c above, the contractor shall be required to provide in a DD Form 633, a cost breakdown of the amount of any agent's fees/commissions related to the services rendered.

e. HPA approval is required on proposed FMS contracts when the agent's fee/ commission exceeds $1 million.

APPENDIX 5

STANDARD FORM 119

APRIL 1968 EDITION

GENERAL SERVICES ADMINISTRATION
FPR (41 CFR) 1-1.507-1

EPMR (41 CFR) 101-45.313-5

CONTRACTOR'S STATEMENT

OF CONTINGENT OR OTHER FEES'

FOR SOLICITING OR SECURING, OR RESULTING FROM AWARD OF, CONTRACT

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Budget Bureau No. 29-RO185. Invitation No. (if any)

Contract No. (or other identification)

Name of Government Contracting Office

The following information is furnished by the undersigned contractor concerning any company or person employed or retained to solicit or secure the above identified contract, or concerning any company or person to whom the contractor has paid or agreed to pay any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of that contract.

1. State full name and business address of such company or person (If more than one, identify all) and indicate whether corporation, partnership, individ. ual, etc.: (Include ZIP code in address)

2A. Describe relationship to contractor of the company or person listed under Item 1, that is, whether such company or person is a sales agent or representative, purchasing agent or representative, broker, employee, corporate officer or principal, or other relationship.

B. If there is a written contract or agreement covering such relationship, attach a copy. If not in writing, state in detail the terms of such arrangement. Include the amount and method of computation of compensation and expenses:

CONTINUE ON OTHER SIDE

1 This form is prescribed by General Services Administration for use as part of the procedure concerning the "Covenant Against Contingent Fees." See Federal Procurement Regulations (41 CFR) Subpart 1-1.5 and Federal Property Management Regulations (41 CFR) Sections 101-45.313 and 101-47.315. 'As used throughout this form, the term "contractor" includes "bidder."

If additional space is required, attach separate sheet which must also be signed

119-104

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B. Is such person on the contractor's payroll for purposes of social securityand Federal Income tax withholding? Yes

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If answer is "Yes," state names and addresses of such concerns and in what capacity: (Include ZIP code in addresses)

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No

SA. With respect to this contract, are the duties of the company or person listed under Item 1 confined to soliciting, obtaining, or assisting in obtaining the contract? Yes

NO

B. If the duties include other services specify such services:

6.

Is it the contractor's regular practice to have an arrangement of the type specified herein? Yes

No

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A. How long such company or person has been engaged in this type of work (l.e., sales or purchasing representative, etc.):

B. How long such company or person has performed this type of work for the contractor:

CONTRACTOR

U.S. Code, Title 18 (Crimes and Criminal Procedure) Section 1001 makes it a criminal offense to make a willfully false statement or representation herein.

BY (to be signed only by authorized principal, such as corporate officer, of contractor, l.e., may not be signed by sales or purchasing agent, etc.)

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1. HAVE THE DEPARTMENT OF DEFENSE, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, OR THE ATOMIC ENERGY COM MISSION PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER GOVERNMENT PRIME CONTRACT OR SUBCONTRACT WITHIN THE PAST TWELVE MONTHS?

YES

NO

IF YES, IDENTIFY BELOW.

NAME AND ADDRESS OF REVIEWING OFFICE (Include ZIP Code)

TELEPHONE NUMBER

II. WILL YOU REQUIRE THE USE OF ANY GOVERNMENT PROPERTY IN THE PERFORMANCE OF THIS PROPOSED CONTRACTI

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111. DO YOU REQUIRE GOVERNMENT CONTRACT FINANCING TO PERFORM THIS PROPOSED CONTRACTI

YES

NO

IF YES, IDENTIFY: ADVANCE PAYMENTS PROGRESS PAYMENTS OR
IV. HAVE YOU BEEN AWARDED ANY CONTRACTS OR SUBCONTRACTS FOR SIMILAR ITEMS WITHIN THE PAST THREE YEARS!
YES
NO IF YES, SHOW CUSTOMER(S) AND CONTRACT NUMBERS BELOW OR ON A SEPARATE PAGE.

GUARANTEED LOANE

V. DOES THIS COST SUMMARY CONFORM WITH THE COST PRINCIPLES SET FORTH IN ASPR, SECTION XV (*** 3-807.2(e){2}+
YES CONO
IF NO, EXPLAIN ON A SEPARATE PAGK

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NOTE 3. Attach separate pages as necessary and identify in this column the attachment in which the information supporting the specific cost element may be found. No standard format is prescribed; however, the cost or pricing data must be accurate, complete and current, and the judgment factors used in projecting from the data to the estimates must be stated in sufficient detail to enable the contracting officer to evaluate the proposal. For example, provide the basis used for pricing the bill of materials such as by vendor quotations, shop estimates, or invoice prices; the reason for use of overhead rates which depart significantly from experienced rates (reduced volume, a planned major rearrangement, etc.); or justification for an increase in labor rates (anticipated wage and salary increases, etc.). Identify and explain any contingencies which are included in the proposed price, such as anticipated cost of rejects and defective work, anticipated costs of engineering redesign and retesting, or anticipated technical difficulties in designing high-risk components.

NOTE 4. Provide a list of principal items within each category of material indicating known or anticipated source, quantity, unit price, competition obtained, and basis of establishing source and reasonableness of cost.

NOTE 5. Include materiel for the proposed contract other than material described in the other footnotes under the cost element entitled "Direct Material."

NOTE 6. Include parts, components, assemblies, and services to be produced or performed by other than you in accordance with your designs, specifications, or directions and applicable only to the prime contract.

NOTE 7. Include raw and processed material for the proposed ・ires further processing.

NOTE 8. Include standard commercial items normally fabricated in whole or in part by you which are generally stocked in inventory. Provide explanation for inclusion at other than the lower of cost or current market price.

NOTE 9. Include all materials sold or transferred between your plants, divisions or organizations under a common control at other than cost to the original transferror and provide explanation of pricing method used.

NOTE 10. Indicate the rates used and provide an appropriate explanation. Where agreement has been reached with Government representatives on the use of forward pricing rates, describe the nature of the agreement. Provide the method of computation and application of your overhead expense. including cost breakdown and showing trends and budgetary data as necessary to provide a basis for evaluation of the reasonableness of proposed rates.

NOTE 11. Include separate breakdown of costs.

NOTE 12. Provide a separate breakdown of labor by appropriate category and furnish basis for cost estimates.

NOTE 13. Include all other estimated costs (e.g., special tooling, facilities, special test equipment, special plant rearrangement, preservation packaging and packing, spoilage and rework, and warranty) which are not otherwise included. Identify separately each category of cost and provide supporting details. If the proposal is based on a F.O. B. destination price, indicate separately all outbound transportation costs included in total amount.

NOTE 14. If the total cost entered here is in excess of $250, provide on a separate page (or on DD Form 783, Royalty Report) the following information on each separate item of royalty or license fee: name and address of licensor; date of license agreement; patent numbers, patent application seria! numbers, or other basis on which the royalty is payable; brief description, including any part or model numbers of each contract item or component on which the royalty is payable; percentage or dollar rate of royalty per unit; unit price of contract item; number of units; and total dollar amount of royalties. In addition, if specifically requested by the contracting officer, a copy of the current license agreement and identification of applicable claims of specific patents shall be provided.

NOTE 15. Selling price must include any applicable Federal excise tax on finished articles.

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