§ 1-16.901-129 Standard Form 129: Bidder's Mailing List Application. (a) Page 1 of Standard Form 129. (b) Page 2 of Standard Form 129. INFORMATION AND INSTRUCTIONS Persons or concerns wishing to be added to a particular agency's bidder's mailing list for supplies or services shall file this. properly completed and certified Bidder's Mailing List Application, together with such other lists as may be attached to the applicaIf a Federal agency has at tion form, with each procurement office of the Federal agency with which they desire to do business. Otherwise, identify in Item 8 tached a supplemental Commodity List with instructions, complete the application as instructed. the equipment, supplies, and/or services on which you desire to bid. The application shall be submitted and signed by the prin cipal as distinguished from an agent, however constituted. After placement on the bidder's mailing list of an agency, a supplier's failure to respond (submission of bid, or notice in writ. ing, that you are unable to bid on that particular transaction but wish to remain on the ective bidder's mailing list for that particu lar item) to Invitations for Bids will be understood by the agency to indicate lack of interest and concurrence in the removal of the supplier's name from the purchasing activity's bidder's mailing list for the items concerned. DEFINITIONS RELATING TO SIZE A. SMALL BUSINESS CONCERN. A small business concern AEMTES. Business concerns are affiliates of each other when either directly or indirectly (i) one concern controls or has the power to control the other, or (ii), a third party controls or has the power to control both. In determining whether concerns are independently owned and operated and whether or not affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationship. (See Items Nos. 6 and 10.) C. NUMBER OF EMPLOYEES. in connection with the determination of small business status, "number of employees" means the average employment of any concern, including the employees of its domestic and foreign affiliates, based on the number of persons employed on a full-time, part-time, temporary, or any other basis during the pay period ending nearest the last day of the third month in each calendar quarter for the preceding four quarters. If a concern has not been in existence for four full calendar quarters, "num ber of employees" means the average employment of such concern and its affiliates during the period such concern has been in existence based on the number of persons employed during the pay period ending nearest the last day of each month. (See Item No. 10.) COMMERCE BUSINESS DAILY The Commerce Business Daily, published by the Department of Commerce, contains information concerning proposed pro. curements, sales, and contract awards. For further informa tion concerning this publication, contact your local Commercs Field Office. U.S. GOVERNMENT PRINTING OFFICE: 1966--O-205-151 #38F (b) Page 2 of Standard Form 147. TERMS AND CONDITIONS OF PURCHASE ORDER 1. INSPECTION AND ACCEPTANCE.-Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejections, risk of loss will be on the Contractor unless loss results from negligence of the Government. 2. VARIATION IN QUANTITY.-No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract. 3. DISCOUNTS.-Discount time will be computed from date of delivery at place of acceptance or from receipt of correct invoice at the office specified by the Government, whichever is later. Payment is made, for discount purposes, when check is mailed. 4. DISPUTES. (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting officer, who shall mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting officer a written appeal addressed to the Head of the Agency. The decision of the Head of the Agency or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in (a) above; provided that nothing in this contract shall be construed as making a the decision of any administrative official, representative or board on a question of law. 8. COVENANT AGAINST CONTINGENT FEES.-The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fees, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. FEDERAL, STATE, AND LOCAL TAXES.-Except as may be otherwise provided in this contract, the contract price includes all applicable Feder State, and local taxes and duties in effect on the date of thintact but does not include any taxes from which the Government, the Contractor or this transaction is exempt. Upon quest of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such bahet included in the contract price pursuant to this lase For Me purpose of this clause, the term "date of this conadmeans the date of the contractor's quotation or, if no quotaton, the date of this purchase order. SPECIE Invoices shall be submitted in the ORIGINDO NTS AND BILLING INSTRUCTIONS unless otherwise specified, and shall contain the following information: contract num ber (if any), order number, item number(s), description of supplies or services, sizes, quantities, unit prices, and extended totals. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. If prepaid parcel post charges are billed, the gross weight and shipping point must be shown. NOTE. If desired, this order (or a copy thereof) may be used by the Contractor as his involoe, in lieu of a separate invoice, provided the following statement, (signed and dated) is entered on (or attached to) the order: "Payment is requested in the amount of $... No other invoice will be submitted." dated periodic billings are encouraged. When several orders are to be invoiced to an ordering activity during the same billing period, consoli |