B-198176 L/M, APR 7, 1980

B-198176 L/M: Apr 7, 1980

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OFFICE OF GENERAL COUNSEL ALFREDO VALENTIN: THIS IS IN RESPONSE TO YOUR LETTER OF MARCH 8. YOU INDICATE THAT YOUR AGENCY USES SF 1036 WHEN AN EXPENDITURE CONTRACT IS AWARDED TO THE LOWEST BIDDER BUT NOT WHEN A RECEIPT CONTRACT IS AWARDED TO THE HIGH BIDDER. NOR IS THERE SUCH A REQUIREMENT IN THE DEFENSE ACQUISITION REGULATION (DAR) WHICH GOVERNS PROCUREMENTS MADE BY MILITARY AGENCIES. WHERE PREPARATION OF STANDARD FORM 1036 IS NOT REQUIRED.

B-198176 L/M, APR 7, 1980

OFFICE OF GENERAL COUNSEL

ALFREDO VALENTIN:

THIS IS IN RESPONSE TO YOUR LETTER OF MARCH 8, 1980, CONCERNING THE USE OF STANDARD FORM 1036, STATEMENT AND CERTIFICATE OF AWARD (SF 1036) BY YOUR AGENCY. YOU REQUEST INFORMATION ABOUT THE REQUIREMENT IN TITLE VII, GAO POLICY AND PROCEDURES MANUAL FOR AGENCY USE OF SF 1036. YOU INDICATE THAT YOUR AGENCY USES SF 1036 WHEN AN EXPENDITURE CONTRACT IS AWARDED TO THE LOWEST BIDDER BUT NOT WHEN A RECEIPT CONTRACT IS AWARDED TO THE HIGH BIDDER.

TITLE VII NO LONGER REQUIRES THE USE OF SF 1036 IN EITHER RECEIPT OR EXPENDITURE CONTRACTS. NOR IS THERE SUCH A REQUIREMENT IN THE DEFENSE ACQUISITION REGULATION (DAR) WHICH GOVERNS PROCUREMENTS MADE BY MILITARY AGENCIES. THE FEDERAL PROCUREMENT REGULATIONS (FPR) LEAVE THE USE OF STANDARD FORM 1036 TO THE DISCRETION OF THE AGENCY. IN THIS REGARD, FPR SEC. 1-2.407.7 STATES, IN PART:

"(A) IN CONNECTION WITH EACH CONTRACT MADE BY FORMAL ADVERTISING, THE CONTRACTING OFFICER SHALL INCLUDE IN THE FILE EVIDENCE OF COMPLIANCE WITH FPR SEC. 1-2.103 (WHICH SETS FORTH GENERAL REQUIREMENTS FOR FORMALLY ADVERTISED CONTRACTS). WHERE REQUIRED BY AGENCY PROCEDURES, STANDARD FORM 1036 (STATEMENT AND CERTIFICATE OF AWARD) MAY BE USED FOR THIS PURPOSE. WHERE PREPARATION OF STANDARD FORM 1036 IS NOT REQUIRED, INFORMATION OF A SIMILAR NATURE SHALL BE FILED WITH THE GENERAL ACCOUNTING OFFICE COPY OF THE CONTRACT."

IF WE CAN BE OF ANY FURTHER ASSISTANCE, PLEASE DO NOT HESITATE TO CONTACT THIS OFFICE.

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