duce a translation of any procurement form. A bilingual form may be used or the translation may be printed as a separate form. When the foreign language translation is printed as a separate form, it shall be attached to the corresponding approved form printed in English. In either instance the clause in §3.608-2 (b) (2) (11) (b) of this title shall be included in the schedule.

Subparts A-D-[Reserved] Subpart E-Special Contract and Order Formats and Forms

§ 606.501 Format for educational services agreements.

Instructions relative to use of educational service agreements are contained in § 594.5502 of this chapter. The format in 16.501 of this title replaced DA Form 357, Basic Agreement for Academic Instruction.

[85 F.R. 8566, June 3, 1970]

§ 606.501-50

Order form for use with educational service agreements.

DD Forms 1155 or Standard Forms 28 shall be used as order forms in accordance with instructions in § 594.5503 of this chapter.

[85 F.R. 8566, June 8, 1970]

(a) DA Form 588, Basic Agreement for Off-Duty Academic Instruction, shall be used for off-duty academic instruction agreements in accordance with instructions in 594.5407 of this chapter.

(b) DA Form 598, Order Form to Enter Into Contract for Off-Duty Academic Instruction, shall be used for ordering services under Basic Agreements in accordance with instructions in § 594.5407 of this chapter. [35 FR. 8566, June 8, 1970]

§ 606.551 Commercial warehousing and related services for household goods. (a) DD Form 1162, Basic Agreement for Storage of Household Goods and Related Services, shall be used in accordance with instructions in Chapter 10, DOD Regulation 4500.34-R.

(b) DD Form 1164, Service Order for Household Goods, shall be used to place orders under Basic Agreements in accordance with instructions in Chapter

10, DOD Regulation 4500.34-R (see also §§ 591.452-1 and 612.651 of this chapter). [36 F.R. 8948, May 15, 1971, as amended at 36 F.R. 20684, Oct. 28, 1971]

§ 606.552 Letter contract formats. § 606.552-1 Cost-reimbursement type.

The format below is prescribed for use when the definitized contract will be a cost-reimbursement type contract. The appropriate clauses in Subpart H Part 7 of this title (also see § 23.201-2 of this title) shall be attached thereto as "Attachment A."

1. This letter constitutes a contract on the terms set forth herein and signifies the intention of the Department to execute a formal cost-reimbursement type contract with you for the delivery of the supplies and the performance of the services as set forth in the enclosure marked "Attachment A," upon the terms and conditions therein stated, which is incorporated in and made a part hereof.

2. You are directed in accordance with the clause entitled, "Execution, Commencement of Work and Priority Rating," to proceed immediately to commence performance of the work, and to pursue such work with all diligence to the end that the supplies may be delivered or services performed within the time specified in Attachment A, or if no time is so specified, at the earliest practicable date. You shall, in addition, obtain such approvals in respect of commitments hereunder as may be specified in Attachment A.

3. In accordance with the clause entitled "Definitization," you shall submit a quotation of the estimated cost to the Government, including fee, for the articles and services covered by this letter. Your quotation shall be supported by a cost breakdown reflecting the factors outlined in the suggested format enclosed, together with a Certificate of Current Cost or Pricing Data (ASPR 3-807.4) and such other information as may be specified herein.

4. In the event of a termination of performance of the work or any part thereof under this letter pursuant to the Termination clause in Attachment A or in the event that the formal contract is not executed you shall be paid in accordance with the provisions of such Termination clause. Your failure to execute a formal contract by reason of unexcusable delay may justify a termination. Your attention is specifically invited to the clause entitled "Limitation of Government Liability."

1. This letter constitutes a contract on the terms set forth herein and signifies the intention of the Department to execute a formal fixed-price contract with you for the delivery of the supplies and the performance of the services as set forth in the enclosure marked "Attachment A,” upon the terms and conditions therein stated, which is incorporated in and made a part hereof.

2. You are directed in accordance with the clause entitled "Execution, Commencement of Work, and Priority Rating," to proceed immediately to commence performance of the work, and to pursue such work with all diligence to the end that the supplies may be delivered or services performed within the time specified in Attachment A, or if no time is so specified, at the earliest practicable date.

3. In accordance with the clause entitled "Definitization," you shall submit a firm quotation for the articles and services covered by this letter. Your quotation shall be supported by a cost breakdown reflecting the price factors outlined in the suggested format enclosed, together with a Certificate of Current Cost and Pricing Data (ASPR 3-807.4), if required, and any other information specified herein.

4. In the event of termination of performance of the work or any part thereof under this letter pursuant to an appropriate clause in Attachment A or in the event that the formal contract is not executed, you shall be

paid in accordance with the provisions of such clause. Your failure to execute a formal contract by reason of unexcusable delay may justify a termination. Your attention is specifically invited to the clause entitled "Limitation of Government Liability."

5. Please indicate your acceptance of the foregoing by signing this letter and returning three executed copies to this office.

6. This contract is entered into pursuant to 10 U.S.C. 2304 (a) ( ) and any required determination and findings have been made. Sincerely yours,

Contracting Officer. Executed, as of the date shown below:

By

(Type above, name and position of officer executing this acceptance) Date..

§ 606.553

Lease agreement-Govern ment personal property.

(a) The format below is prescribed for any lease of Government personal property under the authority of 10 U.S.C. 2667 in cases where Subpart G, Part 7 of this title is not applicable.

(b) Variations in the terms and conditions in the format may be approved by a head of procuring activity to whom the authority to approve leases of Government personal property has been delegated (see § 591.5102(b)(4) of this chapter), but only to the extent that the approval complies with the limitations in the delegation of authority.

(c) For leases executed outside the United States, its possessions, and Puerto Rico, the Disputes clause in § 7.103-12(b) of this title or in § 597.103-12(a) of this chapter, as appropriate, shall be substituted for Article 18, Disputes, of the format below.

1. The Government hereby leases to the Lessee and the Lessee hereby hires from the Government, upon the terms and conditions hereinafter set forth, the personal property listed in Schedule A which is attached hereto and made a part hereof.

2. This lease is subject to the approval of and shall not be binding until so approved. The term of this lease shall commence on the day following the mailing of written notice to the Lessee that the lease has been so approved and that the property is ready for delivery, and shall continue for a period of (days, month, or years)** or until sooner terminated or revoked in accordance with the provisions hereof.

3. At any time during the term, either party may terminate this lease in whole or in part effective not less than 90 days after receipt by the other party of written notice thereof without further liability to either party. However, the Secretary of the Army may revoke this lease in whole or in part at any time.

4. Upon commencement of the term of this lease, the Lessee shall take possession of the leased property at as is, without

warranty, express or implied, on the part of the Government as to condition or fitness for any purpose.

5. The Lessee shall pay rent during the term of this lease at the rate prescribed in Schedule A. The rental accrued at the end of any calendar month, or at the expiration, termination or revocation of this lease, shall be paid to the Government on or before the 10th day thereafter.

6. The Lessee at its own expense shall maintain the property in good condition and repair and make all necessary replacements of components and parts during the term of this lease. All fuel and lubricants shall be furnished by the Lessee. The Lessee shall make no changes or alterations in the property except with the written consent of the Contracting Officer.

7. The Lessee shall not mortgage, pledge,

• Delete all lines which do not apply. **Term shall in no event exceed 5 years unless approved by the Secretary.

assign, transfer, sublet, or part with possession of any of the property in any manner to any third party either directly or indirectly, except that this provision shall not preclude the Lessee from permitting the use of the property by a third party with the prior written approval of the Contracting Officer; and the Lessee shall not do or suffer anything whereby any of the property shall or may be encumbered, seized, taken in execution, attached, destroyed, or injured.

8. After taking possession as provided in clause 4, the Lessee shall be solely responsible for the property until it is returned to the Government as provided for in this lease. The property shall be returned in as good condition as when received, reasonable wear and tear excepted. If the Lessee fails to return the property, the Lessee shall pay to the Government the amount specified in Schedule A as the value of the property less the amount determined by the Contracting Offcer to represent reasonable wear and tear for the period during which the property was usable. If the Lessee returns the property in other than as good condition as when received, reasonable wear and tear excepted, the Lessee shall pay to the Government the amount necessary to place the property in such condition, or if it is determined by the Contracting Officer that the property cannot be placed in such condition, the Lessee shall pay to the Government the amount specified in Schedule A as the value of the property less both the amount determined by the Contracting Officer to represent reasonable wear and tear for the period during which the property was usable and the scrap value of the property.

9. The Lessee shall take all steps necessary to protect the interest of the Government in the property, and the Contracting Officer may require the Lessee, at its own expense, to take such specific measure, including but not limited to the procurement of insurance, as may be necessary to protect such interest.

10. On or before the last day of the term of this lease the Lessee shall return the property to the Government at

or

such other place as the Contracting Officer may designate, except that in the event of revocation of this lease the Lessee shall return the property to the Government at the designated place as soon after such revocation as the same can be accomplished. The Lessee shall reimburse the Government immediately upon presentation of a statement thereof, for all packing and handling costs incurred by the Government in performance of this lease. The Lessee shall also pay all other packing, handling, and transportation charges, including the expenses of reinstalling the property or processing it for extended storage, except that the Lessee's responsibility for return transportation charges shall not exceed the amount required to return the property to

the place specifically named above. Further, If the Contracting Officer designates a place to which the property is to be returned other than that specifically named above and if the time required to return the property to such other place exceeds the time required to return the property to the place specifically named above, then the time for which the Lessee must pay rent under clause 5 shall be reduced by the amount of such excess.

11. The property is leased without operators. Any operator deemed incompetent by the Contracting Officer shall be removed from the property.

12. Upon request of the Lessee, the Contracting Officer shall furnish without charge, copies of such drawings, specifications or instructions as the Lessee may require for the operation or repair of the property and as may in the discretion of the Contracting Officer be reasonably available.

13. The Government shall not be responsible for damages to property of the Lessee or property of others, or for personal injuries to the Lessee's officers, agents, servants, or employees, or to other persons, arising from or incident to the use of the property herein leased, and the Lessee shall save the Government harmless from any and all such claims: Provided, That nothing contained in this Clause 13 shall be deemed to affect any liability of the Government to its own employees.

14. At all times the Contracting Officer shall have access to the job site whereon any of the property is situated, for the purposes of inspecting or inventorying the same, or for the purpose of removing the same in the event of the termination of this lease.

15. Control of Government Property. The Manual for Control of Government Property in Possession of Contractors set forth in Appendix B of the Armed Services Procurement Regulation is incorporated by reference and made a part hereof.

16. Officials Not To Benefit. No member or delegate to Congress, or resident commissioner, shall be admitted to any share or part of the lease, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease, if made with a corporation for its general benefit.

17. Covenant Against Contingent Fees. The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without 11ability or in its discretion to require the Lessee to pay, in addition to the contract

price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

18. Disputes. Except as otherwise provided in this lease, any dispute concerning a question of fact arising under this lease which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessee. Within 30 days from the date of receipt of such copy, the Lessee may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Secretary, and the decision of the Secretary or his duly authorized representative for the hearings of such appeals shall, unless determined by a court of competent jurisdiction to have been fraudulent or capricious or arbitary or so grossly erroneous to imply bad faith, or not supported by substantial evidence, be final and conclusive: Provided, That, if no such appeal is taken, the decision of the Contracting Officer shall be final and conclusive. In connection with any appeal proceeding under this clause, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Lessee shall proceed diligently with the performance of the lease and in accordance with the Contracting Officer's decision.

19. Adjustment of Rentals-State or Local Taxation. Except as may be otherwise provided, the rental rates established in this lease do not include any State or local tax on the property herein leased. If and to the extent that such property is hereafter made taxable by State and local governments by Act of Congress, then in such event the lease shall be renegotiated.

20. Except as otherwise specified in this lease, all notices to either of the parties to this lease shall be sufficient if mailed in a sealed postpaid envelope addressed as follows: To the Lessee

representative" means any person or persons or board (other than the Contracting Offcer) authorized to act for the Secretary.

(b) The term "Contracting Officer" means the person executing this lease on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this lease, the authorized representative of a Contracting Officer acting within the limits of his authority.

22. This agreement shall be subject to the written approval of the Secretary of the Army or his duly authorized representative and shall not be binding until so approved.

23. Alterations. The following changes were made in this lease before it was signed by the parties hereto:

In witness whereof, the parties hereto have executed this lease as of the day and year first above written.

THE UNITED STATES OF AMERICA
By---------

General publications centers. Requisitions for procurement forms shall be submitted through normal publications supply channels (see AR 310-1).

(b) Department of the Army Pamphlet 310-2 lists by category and number all blank forms prescribed for use throughout the Department of the Army. Most procurement forms are available either as cut sheet forms or as multiple part manifold forms. When forms are available in various constructions, requisitions shall indicate the particular construction desired; e.g., Standard Form 21 (Cut Sheet).

§ 606.5002 Forms not stocked by Adjutant General publications centers.

Certain procurement forms of limited application are not printed or stocked by The Adjutant General and local reproduction is authorized in Department of the Army Pamphlet 310-2. Such forms are identified by the letter "R" following the form number; e.g., DA Form 1229-R. § 606.5003 Reproducible masters.

(a) The Adjutant General normally does not stock reproducible masters of procurement forms. He may, however, authorize local purchase of reproducible masters when the cognizant head of procuring activity has approved their use.

(b) Contracting officers shall forward requests for the use and local purchase of reproducible masters (hectograph, stencil, offset) by letter to the cognizant head of procuring activity for approval of their use. Requests shall include

(1) The proposed distribution list of each form and the number of copies required for each addressee;

(2) Justification for the requirement for each copy;

(3) The number of procurements for which each form is used in a 6-month period; and

(4) The number and type of reproducible masters for which approval is requested.

(c) If the cognizant Head of Procuring Activity approves the use of the reproducible masters requested, he shall forward the approval to HQDA (DAAGPAM) for authority to purchase reproducible masters locally in accordance with AR 310-1.

(d) If the Adjutant General authorizes the local purchase of the reproducible ́