Gsa and The Overstanding
Gsa and The Overstanding
Gsa and The Overstanding
For other members I observe that once you have returned to competency, there's nothing THEY can do
that WE can't do. All of the authority granted to the public trust comes from the people. And the people
cannot delegate authority they do not have.
Secondly, like the income tax, only YOU that can assess (i.e. use) the GSA forms. Form 28 and the initial
portion of the 91 and 90 provide an opportunity to establish the record of the birth bond identified by the
BC number as surety for the contract represented by the SSN. So when you list the strawman as the
warranted contracting officer further down on the 90 and 91, it is already conessed to have a warranty in
the form of the birth bond (estate) confessed in the first paragraph. As a subsidiary of the United States
Federal corporation under 28 USC 3002, it is in fact the only officer on the contract. The forms are
handing a remedy on a silver platter to those who will look. Instead of reading GSA's web site, you might
give a look to sections 28 and 53 of 48 CR.
Third, when the County received the birth record it issued a Certificate of Birth. That's the receipt that
proves the delivery (similar to a bill of lading). It is also a security under Title 15 in that it is a certificate of
interest. What many people fail to realize is that the failure to return equity when the COunty registrar
received it comprises a stipulation to the creation of a resulting trust. By definition, THEY are the trustees
on the trust. THEY are holding the instrument. THEY are holding all the equity. That means that THEY, all
of the public officials in total, NOT YOU, are obligated to perform as trustees on the bond according to the
rules of the public trust, namely all of the statutes, codes and regulations that you are so convinced apply
to you. So once you declare the trust, everything you believe goes out the window and is replaced by the
original reality that THEY are the trustees and YOU are the beneficiary.
Fourth, THEY NEVER GAVE YOU EQUITY, so they have no standing to demand equity on any statutes.
On the other hand, YOU have every right to demand satisfaction. In fact, not only are you NOT restricted
from using the 90 and 91, YOU ARE THE ONLY ONE with the authority to release the lien against the
real property (your body) and release the personal property (the bonds) that they concocted in your name
and against your credit. Who else has the Father empowered to nourish your body until he returns to
claim it?
The reality is that they've got you digging through statutes looking for reasons you can't claim your
securities AND YOUR OWN BODY, when the simple truth is that Scripture tells us exactly who enjoys
that exclusive divine right. And that's YOU duquelong.
Statutes and double-entry accrual bookkeeping are Lucifer's tools to entice your consent.
As to me being a GSA employee, all o our strawmen are U.S. employees by definition or they would not
be subject to Title 26.
However, permit me to caution that you are free to comment as you see fit, but this group has a two strike
policy regarding condescension and attacks on people's intentions. We leave that sort of venom to the
politicians and professional agitators who seem to covet it. We will not be adding to the decline of
discourse in society in contravention of Scripture. Thank you for understanding. Bill
Bidder means any entity that is responding or has responded to a solicitation, including an
offeror under a negotiated acquisition.
Bid guarantee means a form of security assuring that the bidder (1) will not withdraw a bid
within the period specified for acceptance and (2) will execute a written contract and
furnish required bonds, including any necessary coinsurance or reinsurance agreements,
within the time specified in the bid, unless a longer time is allowed, after receipt of the
specified forms.
Bond means a written instrument executed by a bidder or contractor (the “principal”), and a
second party (“the surety” or “sureties”) (except as provided in 28.204), to assure
fulfillment of the principal's obligations to a third party (the “obligee” or “Government”),
identified in the bond. If the principal's obligations are not met, the bond assures payment,
to the extent stipulated, of any loss sustained by the obligee. The types of bonds and
related documents are as follows:
(1) An advance payment bond secures fulfillment of the contractor's obligations under an
advance payment provision.
(2) An annual bid bond is a single bond furnished by a bidder, in lieu of separate bid
bonds, which secures all bids (on other than construction contracts) requiring bonds
submitted during a specific Government fiscal year.
(3) An annual performance bond is a single bond furnished by a contractor, in lieu of
separate performance bonds, to secure fulfillment of the contractor's obligations under
contracts (other than construction contracts) requiring bonds entered into during a specific
Government fiscal year.
(4) A patent infringement bond secures fulfillment of the contractor's obligations under a
patent provision.
(5) A payment bond assures payments as required by law to all persons supplying labor or
material in the prosecution of the work provided for in the contract.
(6) A performance bond secures performance and fulfillment of the contractor's obligations
under the contract.
Consent of surety means an acknowledgment by a surety that its bond given in connection
with a contract continues to apply to the contract as modified.
Penal sum or penal amount means the amount of money specified in a bond (or a
percentage of the bid price in a bid bond) as the maximum payment for which the surety is
obligated or the amount of security required to be pledged to the Government in lieu of a
corporate or individual surety for the bond.
Reinsurance means a transaction which provides that a surety, for a consideration, agrees
to indemnify another surety against loss which the latter may sustain under a bond which it
has issued.
28.102-1 General.
(a) The Miller Act (40 U.S.C. 3131 et seq.) requires performance and payment bonds for any
construction contract exceeding $150,000, except that this requirement may be waived (1)
by the contracting officer for as much of the work as is to be performed in a foreign
country upon finding that it is impracticable for the contractor to furnish such bond, or (2)
as otherwise authorized by the Miller Act or other law.
(b)
(1) Pursuant to 40 U.S.C. 3132, for construction contracts greater than $30,000, but not
greater than $150,000, the contracting officer shall select two or more of the following
payment protections, giving particular consideration to inclusion of an irrevocable letter of
credit as one of the selected alternatives:
(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a
federally insured financial institution and enters into a tripartite escrow agreement with the
financial institution, as escrow agent, and all of the suppliers of labor and material. The
escrow agreement shall establish the terms of payment under the contract and of
resolution of disputes among the parties. The Government makes payments to the
contractor's escrow account, and the escrow agent distributes the payments in accordance
with the agreement, or triggers the disputes resolution procedures if required.
(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally
insured financial institution with the contracting officer, in an acceptable form, executable
by the contracting officer.
(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.
(2) The contractor shall submit to the Government one of the payment protections selected
by the contracting officer.
(c) The contractor shall furnish all bonds or alternative payment protection, including any
necessary reinsurance agreements, before receiving a notice to proceed with the work or
being allowed to start work.
(a) Insert a clause substantially the same as the clause at 52.228-15, Performance and
Payment Bonds—Construction, in solicitations and contracts for construction that contain a
requirement for performance and payment bonds if the resultant contract is expected to
exceed $150,000. The contracting officer may revise paragraphs (b)(1) and/or (b)(2) of the
clause to establish a lower percentage in accordance with 28.102-2(b). If the provision at
52.228-1 is not included in the solicitation, the contracting officer must set a period of
time for return of executed bonds.
(b) Insert the clause at 52.228-13, Alternative Payment Protections, in solicitations and
contracts for construction, when the estimated or actual value exceeds $30,000 but does
not exceed $150,000. Complete the clause by specifying the payment protections selected
(see 28.102-1(b)(1)) and the deadline for submission. The contracting officer may revise
paragraph (b) of the clause to establish a lower percentage in accordance with 28.102-2(c).
28.103 Performance and payment bonds for other than construction contracts.
28.103-1 General.
(a) Generally, agencies shall not require performance and payment bonds for other than
construction contracts. However, performance and payment bonds may be used as
permitted in 28.103-2 and 28.103-3.
(b) The contractor shall furnish all bonds before receiving a notice to proceed with the
work.
(c) No bond shall be required after the contract has been awarded if it was not specifically
required in the contract, except as may be determined necessary for a contract
modification.
28.103-2 Performance bonds.
(a) Performance bonds may be required for contracts exceeding the simplified acquisition
threshold when necessary to protect the Government's interest. The following situations
may warrant a performance bond:
(1) Government property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged material).
(2) A contractor sells assets to or merges with another concern, and the Government, after
recognizing the latter concern as the successor in interest, desires assurance that it is
financially capable.
(3) Substantial progress payments are made before delivery of end items starts.
(4) Contracts are for dismantling, demolition, or removal of improvements.
(b) The Government may require additional performance bond protection when a contract
price is increased.
(c) The contracting officer must determine the contractor's responsibility (see subpart 9.1)
even though a bond has been or can be obtained.
28.103-2 Performance bonds.
(a) Performance bonds may be required for contracts exceeding the simplified acquisition
threshold when necessary to protect the Government's interest. The following situations
may warrant a performance bond:
(1) Government property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged material).
(2) A contractor sells assets to or merges with another concern, and the Government, after
recognizing the latter concern as the successor in interest, desires assurance that it is
financially capable.
(3) Substantial progress payments are made before delivery of end items starts.
(4) Contracts are for dismantling, demolition, or removal of improvements.
(b) The Government may require additional performance bond protection when a contract
price is increased.
(c) The contracting officer must determine the contractor's responsibility (see subpart 9.1)
even though a bond has been or can be obtained.
28.103-3 Payment bonds.
(a) A payment bond is required only when a performance bond is required, and if the use
of payment bond is in the Government's interest.
(b) When a contract price is increased, the Government may require additional bond
protection in an amount adequate to protect suppliers of labor and material.
28.103-4 Contract clause.
The contracting officer shall insert a clause substantially the same as the clause at 52.228-
16, Performance and Payment Bonds—Other than Construction, in solicitations and
contracts that contain a requirement for both payment and performance bonds. The
contracting officer shall determine the amount of each bond for insertion in the clause. The
amount shall be adequate to protect the interest of the Government. The contracting
officer shall also set a period of time (normally 10 days) for return of executed
bonds.Alternate I shall be used when only performance bonds are required.
(a) The surety on the bond, upon its written request, may be furnished information on the
progress of the work, payments, and the estimated percentage of completion, concerning
the contract for which the bond was furnished.
(b) When a payment bond has been provided, the contracting officer shall, upon request,
furnish the name and address of the surety or sureties to any subcontractor or supplier
who has furnished or been requested to furnish labor or material for the contract. In
addition, general information concerning the work progress, payments, and the estimated
percentage of completion may be furnished to persons who have provided labor or
materials and have not been paid.
(c) When a payment bond has been provided for a contract, the head of the agency or
designee shall furnish a certified copy of the bond and the contract for which it was given
to any person who makes a request therefor and who furnishes an affidavit that the
requestor has supplied labor or materials for such work and payment therefor has not been
made or that the requestor is being sued on such bond. The person who makes the request
shall be required to pay such costs of preparation as determined by the head of the agency
or designee to be reasonable and appropriate (see 40 U.S.C. 3133).
(d) Section 806(a)(2) ofPub. L. 102-190, as amended by Sections 2091 and 8105 ofPub. L.
103-355, requires that the Federal Government provide information to subcontractors on
payment bonds under contracts for other than commercial items as defined in Subpart 2.1.
Upon the written or oral request of a subcontractor/supplier, or prospective
subcontractor/supplier, under a contract with respect to which a payment bond has been
furnished pursuant to the Miller Act, the contracting officer shall promptly provide to the
requester, either orally or in writing, as appropriate, any of the following:
(1) Name and address of the surety or sureties on the payment bond.
(3) Copy of the payment bond. The contracting officer may impose reasonable fees to cover
the cost of copying and providing a copy of the payment bond.
28.106-7 Withholding contract payments.
(a) During contract performance, agencies shall not withhold payments due contractors or
assignees because subcontractors or suppliers have not been paid.
(b) If, after completion of the contract work, the Government receives written notice from
the surety regarding the contractor's failure to meet its obligation to its subcontractors or
suppliers, the contracting officer shall withhold final payment. However, the surety must
agree to hold the Government harmless from any liability resulting from withholding the
final payment. The contracting officer will authorize final payment upon agreement
between the contractor and surety or upon a judicial determination of the rights of the
parties.
(c) For any withholding incident to the labor standards provisions of the contract, see
part 22.
(a)
(1) Corporate sureties offered for bonds furnished with contracts performed in the United
States or its outlying areas must appear on the list contained in the Department of the
Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and Acceptable Reinsuring Companies.”
(2) The penal amount of the bond should not exceed the surety's underwriting limit stated
in the Department of the Treasury circular. If the penal amount exceeds the underwriting
limit, the bond will be acceptable only if (i) the amount which exceeds the specified limit is
coinsured or reinsured and (ii) the amount of coinsurance or reinsurance does not exceed
the underwriting limit of each coinsurer or reinsurer.
(4) When specified in the solicitation, the contracting officer may accept a bond from the
direct writing company in satisfaction of the total bond requirement of the contract. This is
permissible until necessary reinsurance agreements are executed, even though the total
bond requirement may exceed the insurer's underwriting limitation. The contractor shall
execute and submit necessary reinsurance agreements to the contracting officer within the
time specified on the bid form, which may not exceed 45 calendar days after the execution
of the bond. The contractor shall use Standard Form 273, Reinsurance Agreement for a
Miller Act Performance Bond, and Standard Form 274, Reinsurance Agreement for a Miller
Act Payment Bond, when reinsurance is furnished with Miller Act bonds. Standard Form
275, Reinsurance Agreement in Favor of the United States, is used when reinsurance is
furnished with bonds for other purposes.
(b) For contracts performed in a foreign country, sureties not appearing on Treasury
Department Circular 570 are acceptable if the contracting officer determines that it is
impracticable for the contractor to use Treasury listed sureties.
(c) The Department of the Treasury issues supplements to Circular 570, notifying all
Federal agencies of (1) new approved corporate surety companies and (2) the termination
of the authority of any specific corporate surety to qualify as a surety on Federal bonds.
Upon receipt of notification of termination of a company's authority to qualify as a surety
on Federal bonds, the contracting officer shall review the outstanding contracts and take
action necessary to protect the Government, including, where appropriate, securing new
bonds with acceptable sureties in lieu of outstanding bonds with the named company.
(d) The Department of the Treasury Circular 570 may be obtained from the U.S.
Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East
West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet
athttp://www.fms.treas.gov/c570/ .
(1) A mortgagee title insurance policy, in an insurance amount equal to the amount of the
lien, or other evidence of title that is consistent with the requirements of Section 2 of the
United States Department of Justice Title Standards
athttp://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf . This title evidence
must show fee simple title vested in the surety along with any concurrent owners; whether
any real estate taxes are due and payable; and any recorded encumbrances against the
property, including the lien filed in favor of the Government under paragraph (d) of this
subsection. Agency contracting officers should request the assistance of their designated
agency legal counsel in determining if the title evidence is consistent with the Department
of Justice standards;
(2) Evidence of the amount due under any encumbrance shown in the evidence of title;
(3) A copy of the current real estate tax assessment of the property or a current appraisal
dated no earlier than 6 months prior to the date of the bond, prepared by a professional
appraiser who certifies that the appraisal has been conducted in accordance with the
generally accepted appraisal standards as reflected in the Uniform Standards of
Professional Appraisal Practice as promulgated by the Appraisal Foundation, 1029 Vermont
Avenue NW., Washington, DC 20005.
(b) Failure to provide evidence that the lien has been properly recorded will render the
offeror nonresponsible.
(c) The individual surety is liable for the payment of all administrative costs of the
Government, including legal fees, associated with the liquidation of pledged real estate.
(d) The following format, or any document substantially the same, shall be signed by all
owners of the property and used by the surety and recorded in the local recorder's office
when a surety pledges real estate on Standard Form 28, Affidavit of Individual Surety.
I/we agree that this instrument constitutes a lien in the amount of $____ on the property
described in this lien. The rights of the United States Government shall take precedence
over any subsequent lien or encumbrance until the lien is formally released by a duly
authorized representative of the United States. I/we hereby grant the United States the
power of sale of subject property, including the right to satisfy its reasonable
administrative costs, including legal fees associated with any sale of subject property, in
the event of contractor default if I/we otherwise fail to satisfy the underlying () bid
guarantee, () performance bond, () or payment bond obligations as an individual surety on
solicitation/contract number ____. The lien is upon the real estate now owned by me/us
described as follows: (legal description, street address and other identifying description)
IN WITNESS HEREOF, I/we have hereunto affixed my/our hand(s) and seal(s) this __ DAY OF
___________ 20__.
WITNESS:
(SEAL)
I, ___, a Notary Public in and for the (CITY) ___, (STATE) ___, do hereby certify that ___, a
party or parties to a certain Agreement bearing the date ___ day of ______ 20_, and
hereunto annexed, personally appeared before me, the said ___ being personally well
known to me as the person(s) who executed said lien, and acknowledged the same to be
his/her/their act and deed. GIVEN under my hand and seal this ___ day of _____ 20__.
NOTARY PUBLIC,STATE
My Commission expires:
Any person required to furnish a bond to the Government has the option, instead of
furnishing a surety or sureties on the bond, of depositing certain United States bonds or
notes in an amount equal at their par value to the penal sum of the bond (the Act of
February 24, 1919 (31 U.S.C. 9303) and Treasury Department Circular No. 154 dated July
1, 1978 (31 CFR part 225)). In addition, a duly executed power of attorney and agreement
authorizing the collection or sale of such United States bonds or notes in the event of
default of the principal on the bond shall accompany the deposited bonds or notes. The
contracting officer may (a) turn securities over to the finance or other authorized agency
official, or (b) deposit them with the Treasurer of the United States, a Federal Reserve Bank
(or branch with requisite facilities), or other depository designated for that purpose by the
Secretary of the Treasury, under procedures prescribed by the agency concerned and
Treasury Department Circular No. 154 (exception: The contracting officer shall deposit all
bonds and notes received in the District of Columbia with the Treasurer of the United
States).
(a) Any person required to furnish a bond has the option to furnish a bond secured by an
ILC in an amount equal to the penal sum required to be secured (see 28.204). A separate
ILC is required for each bond.
(b) The ILC shall be irrevocable, require presentation of no document other than a written
demand and the ILC (and letter of confirmation, if any), expire only as provided in
paragraph (f) of this subsection, and be issued/confirmed by an acceptable federally
insured financial institution as provided in paragraph (g) of this subsection.
(c) To draw on the ILC, the contracting officer shall use the sight draft set forth in the
clause at 52.228-14, and present it with the ILC (including letter of confirmation, if any) to
the issuing financial institution or the confirming financial institution (if any).
(d) If the contractor does not furnish an acceptable replacement ILC, or other acceptable
substitute, at least 30 days before an ILC's scheduled expiration, the contracting officer
shall immediately draw on the ILC.
(e) If, after the period of performance of a contract where ILCs are used to support payment
bonds, there are outstanding claims against the payment bond, the contracting officer
shall draw on the ILC prior to the expiration date of the ILC to cover these claims.
(f) The period for which financial security is required shall be as follows:
(1) If used as a bid guarantee, the ILC should expire no earlier than 60 days after the close
of the bid acceptance period.
(i) For contracts subject to the Miller Act, the later of—
(B) For performance bonds only, until completion of any warranty period; or
(C) For payment bonds only, until resolution of all claims filed against the payment bond
during the one-year period following final payment.
(ii) For contracts not subject to the Miller Act, the later of—
(B) For performance bonds only, until completion of any warranty period.
(g) Only federally insured financial institutions rated investment grade or higher shall issue
or confirm the ILC. Unless the financial institution issuing the ILC had letter of credit
business of at least $25 million in the past year, ILCs over $5 million must be confirmed by
another acceptable financial institution that had letter of credit business of at least $25
million in the past year.
(1) The offeror/contractor shall provide the contracting officer a credit rating from a
recognized commercial rating service as specified in Office of Federal Procurement Policy
Pamphlet No. 7 (see 28.204-3(h)) that indicates the financial institution has the required
rating(s) as of the date of issuance of the ILC.
(2) If the contracting officer learns that a financial institution's rating has dropped below
the required level, the contracting officer shall give the contractor 30 days to substitute an
acceptable ILC or shall draw on the ILC using the sight draft in paragraph (g) of the clause
at 52.228-14.
(h)
(1) Additional information on credit rating services and investment grade ratings is
contained within Office of Federal Procurement Policy Pamphlet No. 7, Use of Irrevocable
Letters of Credit. This pamphlet may be obtained by calling the Office of Management and
Budget's publications office at (202) 395-7332.
(2) A copy of the Uniform Customs and Practice (UCP) for Documentary Credits, 1993
Revision, International Chamber of Commerce Publication No. 500, is available from: ICC
Publishing, Inc., 156 Fifth Avenue, New York NY, 10010, Telephone: (212) 206-1150,
Telefax: (212) 633-6025, E-mail: iccpub@interport.net.
28.301 Policy.
(a)
(1) The Government requires any contractor subject to Cost Accounting Standard (CAS) 416
(48 CFR 9004.416 (appendix B, FAR loose-leaf edition)) to obtain insurance, by purchase or
self-coverage, for the perils to which the contractor is exposed, except when (i) the
Government, by providing in the contract in accordance with law, agrees to indemnify the
contractor under specified circumstances or (ii) the contract specifically relieves the
contractor of liability for loss of or damage to Government property.
(2) The Government reserves the right to disapprove the purchase of any insurance
coverage not in the Government's interest.
(3) Allowability of the insurance program's cost shall be determined in accordance with the
criteria in 31.205-19.
(b) Contractors, whether or not their contracts are subject to CAS 416, are required by law
and this regulation to provide insurance for certain types of perils (e.g., workers'
compensation). Insurance is mandatory also when commingling of property, type of
operation, circumstances of ownership, or condition of the contract make it necessary for
the protection of the Government. The minimum amounts of insurance required by this
regulation (see 28.307-2) may be reduced when a contract is to be performed outside the
United states and its outlying areas. When more than one agency is involved, the agency
responsible for review and approval of a contractor's insurance program shall coordinate
with other interested agencies before acting on significant insurance matters.
(c) Contractors awarded nonpersonal services contracts for health care services are
required to maintain medical liability insurance and indemnify the Government for liability
producing acts or omissions by the contractor, its employees and agents (see 37.400).
28.302 Notice of cancellation or change.
When the Government requires the contractor to provide insurance coverage, the policies
shall contain an endorsement that any cancellation or material change in the coverage
adversely affecting the Government's interest shall not be effective unless the insurer or
the contractor gives written notice of cancellation or change as required by the contracting
officer. When the coverage is provided by self-insurance, the contractor shall not change or
decrease the coverage without the administrative contracting officer's prior approval (see
28.308(c)).
(a) Public-work contract, as used in this subpart, means any contract for a fixed
improvement or for any other project, fixed or not, for the public use of the United States
or its allies, involving construction, alteration, removal, or repair, including projects or
operations under service contracts and projects in connection with the national defense or
with war activities, dredging, harbor improvements, dams, roadways, and housing, as well
as preparatory and ancillary work in connection therewith at the site or on the project.
(b) The Defense Base Act (42 U.S.C. 1651 et seq.) extends the Longshoremen's and Harbor
Workers' Compensation Act (33 U.S.C. 901) to various classes of employees working
outside the United States, including those engaged in performing—
(2) Contracts approved or financed under the Foreign Assistance Act of 1961 (Pub. L. 87-
195) other than (i) contracts approved or financed by the Development Loan Fund (unless
the Secretary of Labor, acting upon the recommendation of a department or agency,
determines that such contracts should be covered) or (ii) contracts exclusively for materials
or supplies.
(c) When the Defense Base Act applies (see 42 U.S.C. 1651 et seq.) to these employees, the
benefits of the Longshoremen's and Harbor Workers' Compensation Act are extended
through operation of the War Hazards Compensation Act (42 U.S.C. 1701 et seq.) to
protect the employees against the risk of war hazards (injury, death, capture, or detention).
When, by means of an insurance policy or a self-insurance program, the contractor
provides the workers' compensation coverage required by the Defense Base Act, the
contractor's employees automatically receive war-hazard risk protection.
(d) When the agency head recommends a waiver to the Secretary of Labor, the Secretary
may waive the applicability of the Defense Base Act to any contract, subcontract, work
location, or classification of employees.
(e) If the Defense Base Act is waived for some or all of the contractor's employees, the
benefits of the War Hazards Compensation Act are automatically waived with respect to
those employees for whom the Defense Base Act is waived. For those employees, the
contractor shall provide workers' compensation coverage against the risk of work injury or
death and assume liability toward the employees and their beneficiaries for war-hazard
injury, death, capture, or detention. The contract shall provide either that the costs of this
liability or the reasonable costs of insurance against this liability shall be allowed as a cost
under the contract.
53.001 Definitions.
Exception, as used in this part, means an approved departure from the established design,
content, printing specifications, or conditions for use of any standard form.
The requirements for use of the forms prescribed or referenced in this part are contained
in parts 1 through 52, where the subject matter applicable to each form is addressed. The
specific location of each requirement is identified in subpart 53.2.
53.103 Exceptions.
Agencies shall not (a) alter a standard form prescribed by this regulation, or (b) use for the
same purpose any form other than the standard form prescribed by this regulation without
receiving in advance an exception to the form.
53.104 Overprinting.
Standard and optional forms (obtained as required by 53.107) may be overprinted with
names, addresses, and other uniform entries that are consistent with the purpose of the
form and that do not alter the form in any way. Exception approval for overprinting is not
needed.
(a) Executive agencies shall obtain standard and optional forms from the General Services
Administration (GSA) by using GSA Supply Catalog - Office Products (see 41 CFR101-
26.302). Standard forms adapted for computer preparation (see 53.105) or with special
construction and printing (see 53.106) that are not available from GSA may be ordered
directly from the Government Printing Office (GPO).
(b) Contractors and other parties may obtain standard and optional forms from the
Superintendent of Documents, GPO, Washington, DC 20402. Standard and optional forms
not available from the Superintendent of Documents may be obtained from the prescribing
agency.
This subpart prescribes standard forms and references optional forms and agency-
prescribed forms for use in acquisition. Consistent with the approach used in subpart 52.2,
this subpart is arranged by subject matter, in the same order as, and keyed to, the parts of
the FAR in which the form usage requirements are addressed. For example, forms
addressed in FAR part 14, Sealed Bidding, are treated in this subpart in section 53.214,
Sealed Bidding; forms addressed in FAR part 43, Contract Modifications, are treated in this
subpart in section 53.243, Contract modifications. The following example illustrates how
the subjects are keyed to the parts in which they are addressed:
53.201 Federal acquisition system.
53.204-1 Safeguarding classified information within industry (DD Form 254, DD Form
441).
The following forms, which are prescribed by the Department of Defense, shall be used by
agencies covered by the Defense Industrial Security Program if contractor access to
classified information is required, as specified in subpart 4.4 and the clause at 52.204-2:
53.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, and 1449, and OF's 336,
347, and 348).
The following forms are prescribed as stated in this section for use in simplified acquisition
procedures, orders under existing contracts or agreements, and orders from required
sources of supplies and services:
The following forms are prescribed for use in contracting by sealed bidding (except for
construction and architect-engineer services):
(a) SF 26 (Rev. 5/2011), Award/Contract. SF 26 is prescribed for use in awarding sealed bid
contracts for supplies or services in which bids were obtained on SF 33, Solicitation, Offer
and Award, as specified in 14.408-1(d)(1). Block 18 may only be used for sealed-bid
procurements.
(c) SF 33 (Rev. 9/97), Solicitation, Offer and Award. SF 33 is prescribed for use in soliciting
bids for supplies or services and for awarding the contracts that result from the bids, as
specified in 14.201-2(a)(1), unless award is accomplished by SF 26.
(d) SF 1447 (Rev. 2/2012), Solicitation/Contract. SF 1447 is prescribed for use in soliciting
supplies or services and for awarding contracts that result from the bids. It shall be used
when the simplified contract format is used (see 14.201-9) and may be used in place of the
SF 26 or SF 33 with other solicitations and awards. Agencies may prescribe additional
detailed instructions for use of the form.
(e) [Reserved]
(f) SF 1409 (Rev. 9/88), Abstract of Offers, and SF 1410 (9/88), Abstract of Offers-
Continuation. SF 1409 and SF 1410 are prescribed for use in recording bids, as specified in
14.403(a).
(g) OF 17 (Rev. 12/93), Offer Label. OF 17 may be furnished with each invitation for bids to
facilitate identification and handling of bids, as specified in 14.202-3(b).
(h) OF 336 (Rev. 3/86), Continuation Sheet. OF 336 may be used as a continuation sheet in
solicitations, as specified in 14.201-2(b).
Editorial Note:
For Federal Register citations affecting § 53.214, see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
53.216-1 Delivery orders and orders under basic ordering agreements (OF 347).
OF 347, Order for Supplies or Services. OF 347, prescribed in 53.213(f), (or an approved
agency form) may be used to place orders under indefinite delivery contracts and basic
ordering agreements, as specified in 16.703(d)(2)(i).
(a) The following form may be used in reporting small disadvantaged business contracting
data: OF 312 (10/00), Small Disadvantaged Business Participation Report. (See subpart
19.12.)
(b) The following standard form is prescribed for use in reporting small business (including
Alaska Native Corporations and Indian tribes), veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small disadvantaged
business (including Alaska Native Corporations and Indian tribes) and women-owned small
business subcontracting data, as specified in part 19: SF 294, (Rev. 1/2010) Subcontracting
Report for Individual Contracts. SF 294 is authorized for local reproduction.
53.222 Application of labor laws to Government acquisitions (SF's 308, 1093, 1413, 1444,
1445, 1446, WH-347).
The following forms are prescribed as stated below, for use in connection with the
application of labor laws:
(a) [Reserved]
(b) [Reserved]
(c) SF 308 (DOL) (Rev. 5/85), Request for Wage Determination and Response to
Request. (See 22.404-3 (a) and (b).)
(d) SF 1093 (GAO) (10/71), Schedule of Withholdings under the Davis-Bacon Act and/or the
Contract Work Hours and Safety Standards Act. (See 22.406-9(c)(1).)
(e) SF 1413 (Rev. 7/2005), Statement and Acknowledgment. SF 1413 is prescribed for use
in obtaining contractor acknowledgment of inclusion of required clauses in subcontracts,
as specified in 22.406-5.
(f) Form SF 1444 (10/87), Request for Authorization of Additional Classification and
Rate. (See 22.406-3(a) and 22.1019.)
(g) SF 1445 (12/96), Labor Standards Interview. (See 22.406-7(b).)
(h) SF 1446 (10/87), Labor Standards Investigation Summary Sheet. (See 22.406-8(d).)
(i) Form WH-347 (DOL), Payroll (for Contractor's Optional Use). (See 22.406-6(a).)
53.228 Bonds and insurance.
The following standard forms are prescribed for use for bond and insurance requirements,
as specified in part 28:
(a) SF 24 (Rev. 10/98) Bid Bond. (See 28.106-1.) SF 24 is authorized for local reproduction
and a copy is furnished for this purpose in Part 53 of the looseleaf edition of the FAR.
(b) SF 25 (Rev. 5/96) Performance Bond. (See 28.106-1(b).) SF 25 is authorized for local
reproduction and a copy is furnished for this purpose in Part 53 of the looseleaf edition of
the FAR.
(c) SF 25-A (Rev. 10/98) Payment Bond. (See 28.106-1(c).) SF 25-A is authorized for local
reproduction and a copy is furnished for this purpose in Part 53 of the looseleaf edition of
the FAR.
(d) SF 25-B (Rev. 10/83), Continuation Sheet (For Standard Forms 24, 25, and 25-A). (See
28.106-1(d).)
(e) SF 28 (Rev. 6/03) Affidavit of Individual Surety. (See 28.106-1(e) and 28.203(b).) SF 28
is authorized for local reproduction and a copy is furnished for this purpose in Part 53 of
the looseleaf edition of the FAR.
(f) SF 34 (Rev. 1/90), Annual Bid Bond. (See 28.106-1(f).) SF 34 is authorized for local
reproduction and a copy is furnished for this purpose in part 53 of the looseleaf edition of
the FAR.
(g) SF 35 (Rev. 1/90), Annual Performance Bond. (See 28.106-1.) SF 35 is authorized for
local reproduction and a copy is furnished for this purpose in part 53 of the looseleaf
edition of the FAR.
(h) SF 273 (Rev. 10/98) Reinsurance Agreement for a Miller Act Performance Bond. (See
28.106-1(h) and 28.202-1(a)(4).) SF 273 is authorized for local reproduction and a copy is
furnished for this purpose in Part 53 of the looseleaf edition of the FAR.
(i) SF 274 (Rev. 10/98) Reinsurance Agreement for a Miller Act Payment Bond.(See 28.106-
1(i) and 28.202-1(a)(4).) SF 274 is authorized for local reproduction and a copy is
furnished for this purpose in Part 53 of the looseleaf edition of the FAR.
(j) SF 275 (Rev. 10/98) Reinsurance Agreement in Favor of the United States. (See 28.106-
1(j) and 28.202-1(a)(4).) SF 275 is authorized for local reproduction and a copy is
furnished for this purpose in Part 53 of the looseleaf edition of the FAR.
(k) SF 1414 (Rev. 10/93), Consent of Surety. SF 1414 is authorized for local reproduction
and a copy is furnished for this purpose in part 53 of the looseleaf edition of the FAR.
(l) SF 1415 (Rev. 7/93), Consent of Surety and Increase of Penalty. (See 28.108-1(l).) SF
1415 is authorized for local reproduction and a copy is furnished for this purpose in part
53 of the looseleaf edition of the FAR.
(m) SF 1416 (Rev. 10/98) Payment Bond for Other than Construction Contracts. (See
28.106-1(m).) SF 1416 is authorized for local reproduction and a copy is furnished for this
purpose in Part 53 of the looseleaf edition of the FAR.
(n) SF 1418 (Rev. 2/99) Performance Bond For Other Than Construction Contracts. (See
28.106-1(n).) SF 1418 is authorized for local reproduction and a copy is furnished for this
purpose in Part 53 of the looseleaf edition of the FAR.
(o) OF 90 (Rev. 1/90), Release of Lien on Real Property. (See 28.106-1(o) and 28.203-5(a).)
OF 90 is authorized for local reproduction and a copy is furnished for this purpose in part
53 of the looseleaf edition of the FAR.
(p) OF 91 (Rev. 1/90), Release of Personal Property from Escrow. (See 28.106-1(p) and
28.203-5(a).) OF 91 is authorized for local reproduction and a copy is furnished for this
purpose in part 53 of the looseleaf edition of the FAR.
53.236-1 Construction.
The following forms are prescribed, as stated below, for use in contracting for
construction, alteration, or repair, or dismantling, demolition, or removal of improvements.
The following forms are prescribed, as specified in this section, for use in reporting,
reutilization, and disposal of Government property and in accounting for this property:
(a) SF 120 (GSA), Report of Excess Personal Property, and SF 120-A (GSA), Continuation
Sheet (Report of Excess Personal Property). See 45.602-3 and 41 CFR 102-36.215.)
(b) SF 126 (GSA), Report of Personal Property for Sale, and SF 126-A (GSA), Report of
Personal Property for Sale (Continuation Sheet). See FPMR 101-45.303 (41 CFR 101-
45.303.))
(c) SF 1423 (Rev. 5/04), Inventory Verification Survey. (See 45.602-1(b)(1).)
(d) SF 1424 (Rev. 5/04), Inventory Disposal Report (See 45.605). SF 1424 is authorized for
local reproduction.
(e) SF 1428 (Rev. 6/2007), Inventory Disposal Schedule, and SF 1429 (Rev. 5/04), Inventory
Disposal Schedule—Continuation Sheet. (See 45.602-1, 49.303-2, 52.245-1), and
53.249(b).) SF's 1428 and 1429 are authorized for local reproduction.